HomeMy WebLinkAbout2021-04-05 Agenda Packet
AGENDA
City Council/Public Financing Authority
Regular Meeting
Monday, April 5, 2021 at 5:00 PM
MAYOR AND CITY COUNCIL
KIM CARR, Mayor
TITO ORTIZ, Mayor Pro Tem
BARBARA DELGLEIZE, Councilmember
DAN KALMICK, Councilmember
NATALIE MOSER, Councilmember
ERIK PETERSON, Councilmember
MIKE POSEY, Councilmember
Virtual Location
Huntington Beach, CA
STAFF
OLIVER CHI, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
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.
PUBLIC PARTICIPATION/ZOOM ACCESS: In keeping with the Governor’s mandate to limit in-person gatherings
that can spread COVID-19, the Monday, April 5, 2021 meeting of the Huntington Beach City Council will be held
virtually.
The City offers several ways to view City Council meetings live or on-demand. Council meetings are livestreamed on HBTV
Channel 3 (replayed on Tuesday’s at 10:00 a.m., and Wednesday’s at 6:00 p.m.). In addition, live and archived meetings
for on-demand viewing can be accessed from https://huntingtonbeach.legistar.com /calendar, or from any Roku or Apple
device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel.
PUBLIC COMMENTS: At 6:00 PM, individuals wishing to attend the meeting to provide a comment on agendized or non-
agendized items may enter Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The
Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528. Attendees utilizing computer devices to
request to speak may select the “Raise Hand” feature in the Webinar Controls section. Attendees entering the Webinar
and requesting to speak by phone can enter *9 to enable the “Raise Hand” feature, followed by the *6 prompt that unmutes
their handheld device microphone. Once the Mayor opens Public Comments, speakers will be provided a 15-minute window
to raise their hands, and will be prompted to speak when the City 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 process will only be active during designated portions of the agenda (Public Comments and/or Public
Hearing). After a speaker concludes their comment, their microphone will be muted, but they may remain in Webinar
attendance for the duration of the meeting.
Members of the public unable to attend the Zoom Webinar but interested in communicating with the City Council on agenda-
related items, are encouraged to submit a written (supplemental) communication via email at SupplementalComm@Surfcity-
hb.org, or City.Council@surfcity-hb.org. Supplemental Communications are public record, and if received by 2:00 PM on
Monday, April 5, 2021, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City
website, and announced, but not read, at the meeting. Supplemental Communications received following the 2:00 PM
deadline will be incorporated into the administrative record the following day.
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 April 5, 2021City Council/Public Financing
Authority
5:00 PM - VIRTUAL LOCATION
CALL TO ORDER
ROLL CALL
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM (3 Minute Time Limit) - Anyone
wishing to provide a comment on a Closed Session item may join Zoom Webinar ID 971 5413 0528
via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to speak
instructions). Individuals will be 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 speaker may have up to 3 minutes to speak; however, the time
allowance may be reduced if warranted by the volume of speakers.
RECESS TO CLOSED SESSION
CLOSED SESSION
21-2861.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of
Subdivision (d) of Section 54956.9: Number of cases, one (1).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize
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.
21-1202.Rev. Steve Wright of St. Peter’s by the Sea Presbyterian Church and
member of the Greater Huntington Beach Interfaith Council
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AGENDA April 5, 2021City Council/Public Financing
Authority
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
21-2873.Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet
of the Month”
21-2884.Mayor Carr to announce the City’s Participation in the 10th Annual
Wyland National Mayor’s Challenge for Water Conservation from
April 1-30, 2021
21-2785.Mayor Carr to present a proclamation recognizing April as Sexual
Assault Awareness Month
21-2946.Mayor Carr to honor Cesar Chavez Day (March 31) with Oak View
Communidad
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 Zoom Webinar ID 971 5413
0528 via computer device, or by calling (669) 900-6833 (see agenda cover sheet for request to
speak instructions). Speakers will be provided a 15-minute window to raise their hands, and
prompted to speak when the Clerk announces their name or the last three digits of their phone
number. The Public Comment process will only be active during designated portions of the
agenda (Public Comments and/or Public Hearing). Speakers are encouraged, but not required to
identify themselves by name. Each speaker may have up to 3 minutes to speak; however, the time
allowance may be reduced if warranted by the volume of speakers.
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
21-2797.HB Homeless Solutions Update
CONSENT CALENDAR
21-2628.Approve and Adopt Minutes
Recommended Action:
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3
AGENDA April 5, 2021City Council/Public Financing
Authority
A) Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated March 15, 2021 , as written and on file in the office of the City Clerk; and
B) Approve and adopt the City Council special meeting minutes dated March 29, 2021,
as written and on file in the office of the City Clerk.
21-2049.Approve the West Orange County Water Board (WOCWB) proposed
budget for Fiscal Year 2021/22, with the City of Huntington Beach
amount of $1,048,936
Approve the WOCWB Proposed budget for Fiscal Year 2021/22, with the City of
Huntington Beach amount of $1,048,936.
Recommended Action:
21-27710.Consider Positions on Legislation Pending before the State
Legislature, as recommended by the Intergovernmental Relations
Committee (IRC)
A) Approve a City position of Oppose on Assembly Bill 339 (Lee) - State and local
government: open meetings; and/or ,
B) Approve a City position of Support on Assembly Bill 361 (Rivas) - Open meetings:
local agencies: teleconferences; and/or ,
C) Approve a City position of Support on Assembly Bill 703 (Rubio) - Open meetings:
local agencies: teleconferences; and/or ,
D) Approve a City position of Watch on Senate Bill 6 (Caballero) - Local planning:
housing: commercial zones.
Recommended Action:
21-25411.Approve the 2020 Housing Element Annual Progress Report (APR)
and forward to the California Department of Housing and Community
Development (HCD) and Governor’s Office of Planning and Research
(OPR)
Approve the 2020 Housing Element Progress Report and forward to the California
Department of Housing and Community Development and Governor’s Office of Planning
and Research.
Recommended Action:
21-23512.Adopt Resolution No. 2021-21 designating the Chief Financial Officer,
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AGENDA April 5, 2021City Council/Public Financing
Authority
the City Treasurer, the Assistant Chief Financial Officer, and the
Finance Manager-Treasury as persons authorized to execute
Financial Transactions in the name of the City of Huntington Beach
Adopt Resolution No. 2021-21, “A Resolution of the City Council of the City of Huntington
Beach Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer,
City Treasurer, Assistant Chief Financial Officer, and Finance Manager-Treasury as
Persons Authorized to Execute Financial Transactions in the Name of the City of
Huntington Beach.”
Recommended Action:
21-26113.Adopt Resolution No. 2021-22 declaring Weeds and Rubbish a
nuisance on specific properties and fixing May 3, 2021, at 6:00pm for
hearing protests and objections to the abatement thereof
Adopt Resolution No. 2021-22, “A Resolution of the City Council of the City of Huntington
Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and
Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing
the Time for Hearing Protests and Objections to the Abatement Thereof.”
Recommended Action:
21-25814.Adopt Resolution No. 2021-23 authorizing the submission of grant
applications and ongoing grant management for certain recycling,
reuse, and recycled content product grants funded by California
Department of Resources, Recycling, and Recovery (CalRecycle)
Adopt Resolution No. 2021-23, “A Resolution of the City Council of the City of Huntington
Beach Authorizing Submittal of Application(s) for All CalRecycle Grants for Which the City
of Huntington Beach Is Eligible.”
Recommended Action:
21-20315.Approve and authorize execution of Professional Services Contracts
for On-Call Water, Wastewater, and Stormwater Engineering
Consulting Services with GHD, Inc., Hunsaker & Associates, Inc.,
Michael Baker International, Inc., and Tetra Tech, Inc.
A) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional
Services Contract between the City of Huntington Beach and GHD , Inc., for On-Call Water
Engineering, Wastewater Engineering , and Stormwater Engineering Consulting Services;
and,
B) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional
Recommended Action:
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AGENDA April 5, 2021City Council/Public Financing
Authority
Services Contract between the City of Huntington Beach and Hunsaker & Associates Inc.,
for On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering
Consulting Services; and,
C) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional
Services Contract between the City of Huntington Beach and Michael Baker International
Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater
Engineering Consulting Services; and,
D) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional
Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for On-Call
Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting
Services.
21-22216.Approve and authorize execution of an amendment to the contract
between the City of Huntington Beach and West Coast Code
Consultants, Inc., for professional As-Needed Building Plan Review
Services in the amount of $164,000
Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to
Professional Services Contract Between the City of Huntington Beach and West Coast
Code Consultants, Inc. for Building Plan Review Services;” from $200,000 to $364,000, as
approved by the City Attorney (Attachment No. 1).
Recommended Action:
21-22417.Approve and authorize execution of an amendment to the contract
between the City of Huntington Beach and CSG Consultants, Inc., for
professional inspection services in the amount of $85,000
Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to
Professional Services Contract Between the City of Huntington Beach and CSG
Consultants, Inc., for Building Staffing Services;” an increase from $562,500 to $647,500 ,
as approved by the City Attorney (Attachment No. 1).
Recommended Action:
PUBLIC HEARING
When the Mayor opens the Public Hearing, individuals wishing to provide a comment may join
Zoom Webinar ID 971 5413 0528 via computer device, or by calling (669) 900-6833 (see agenda
cover sheet for request to speak instructions). Speakers will be provided a 15-minute window
to raise their hands, and will be 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 speaker may have up to 3 minutes to speak; however, the
time allowance may be reduced if warranted by the volume of speakers.
Page 5 of 8
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AGENDA April 5, 2021City Council/Public Financing
Authority
21-25518.Adopt Resolution No. 2021-15 to approve Zoning Text Amendment
(ZTA) No. 21-001 regarding Alcohol Sales and Service in the
Beach and Edinger Corridors Specific Plan (BECSP)
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Find that Zoning Text Amendment (ZTA) No. 21-001 is within the scope of the
BECSP Program Environmental Impact Report No. 08-008 certified by the Planning
Commission on December 8, 2009. In accordance with CEQA Guidelines Sections
15162 and 15163, no subsequent or supplement to the EIR need be prepared for this
ZTA and no further environmental review or documentation is required (Attachment No.
1).
B) Approve Zoning Text Amendment No. 21-001 with findings (Attachment No. 1) and
adopt Resolution No. 2021-15, “A Resolution of the City Council of the City of
Huntington Beach Approving an Amendment to the Beach and Edinger Corridors
Specific Plan (SP 14) (Zoning Text Amendment No. 21-001)” (Attachment No. 2).
Recommended Action:
ADMINISTRATIVE ITEMS
21-26319.Adopt Resolutions No. 2021-25 and 2021-26 approving Side Letter
Agreements to modify the Memorandum of Understandings (MOU)
between the City and the Huntington Beach Municipal Teamsters
(HBMT) and Management Employees’ Organization (MEO) through
December 31, 2021
A) Adopt Resolution No. 2021-25, “A Resolution of the City Council of the City of
Huntington Beach Amending the Memorandum of Understanding (MOU) Between the City
and the Huntington Beach Municipal Teamsters (HBMT) by Adopting the Side Letter of
Agreement;” and,
B) Adopt Resolution No. 2021-26, “A Resolution of the City Council of the City of
Huntington Beach Amending the Memorandum of Understanding (MOU) Between the City
and the Management Employees’ Organization (MEO) by Adopting the Side Letter of
Agreement.”
Recommended Action:
21-27420.Approve and accept the California Office of Emergency Services
(Cal OES) Violence Against Women Act Grant (LE20046860) to the
City of Huntington Beach for the 2021 calendar year; authorize the
Chief of Police to execute documents; approve appropriations; and,
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AGENDA April 5, 2021City Council/Public Financing
Authority
amend the Professional Services Listing to include provided
domestic violence services
A) Accept the grant between the State of California, Governor’s Office of Emergency
Services, and the City of Huntington Beach; and,
B) Assign authority to the Chief of Police as the official to execute and sign for the award
and to approve amendments and extensions; and,
C) Approve the appropriation and expenditure of $270,857 of which $203,143 is to be
fully reimbursed by the grant from Cal OES. The remaining $67,714 will be funded from
appropriations in the Police Department’s budget; and,
D) Amend the Professional Services Listing to include provided domestic violence
services.
Recommended Action:
COUNCILMEMBER ITEMS
21-28921.Submitted by Mayor Carr and Councilmember Kalmick - The City of
Huntington Beach Denounces All Hate Crimes and Reaffirms Its
Commitment To Safety and Inclusivity For All
Adopt this declaration to denounce all hate crimes and reaffirm the City’s commitment to
safety and inclusivity for all.
Recommended Action:
21-29122.Submitted by Mayor Pro Tem Ortiz - Consider directing staff to
develop procedures to facilitate Ticketed, Stand-Alone Musical
Entertainment Events at appropriate City venues
I recommend that the City Council direct staff to develop and bring back for review new
procedures to facilitate ticketed, stand-alone musical entertainment events at certain
appropriate City venues.
Recommended Action:
21-29023.Submitted by Councilmembers Mike Posey and Natalie Moser -
Direct staff to develop Municipal Code adjustments to revise
existing E-Bike Use Regulations on the City’s Beach Path
We recommend that the City Council direct staff to develop for consideration an overall
beach path safety management plan that would include updated municipal code language
Recommended Action:
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AGENDA April 5, 2021City Council/Public Financing
Authority
allowing the use of e-bikes, coupled with other regulatory, infrastructure, and speed
enforcement plans.
21-29224.Submitted by Councilmember Kalmick - The City of Huntington
Beach Denounces Any Movements Promoting White Supremacy
Within Its Community
Adopt this Declaration of the City Council to denounce any movements promoting or
supporting White Supremacy within our community.
Recommended Action:
21-29325.Submitted by Councilmember Moser - Consider Cosponsoring a
Virtual Event on April 11 with Orange County Human Relations, and
directing staff to coordinate a Diversity, Equity and Inclusion Event
at Central Park on April 18
I recommend that the City Council:
·Serve as an official co-sponsor of the virtual event being hosted by OC Human
Relations on April 11, 2021.
·Direct staff to develop an outdoor event focused on diversity, equity, and inclusion
at Central Park on April 18, 2021.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, April 19, 2021, 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 8 of 8
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City of Huntington Beach
File #:21-286 MEETING DATE:4/5/2021
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure
to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of
cases, one (1).
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-120 MEETING DATE:4/5/2021
Rev. Steve Wright of St. Peter’s by the Sea Presbyterian Church and member of the Greater
Huntington Beach Interfaith Council
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-287 MEETING DATE:4/5/2021
Mayor Carr to call on Victoria Alberty to present the “Adoptable Pet of the Month”
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-288 MEETING DATE:4/5/2021
Mayor Carr to announce the City’s Participation in the 10th Annual Wyland National Mayor’s
Challenge for Water Conservation from April 1-30, 2021
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-278 MEETING DATE:4/5/2021
Mayor Carr to present a proclamation recognizing April as Sexual Assault Awareness Month
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-294 MEETING DATE:4/5/2021
Mayor Carr to honor Cesar Chavez Day (March 31) with Oak View Communidad
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-279 MEETING DATE:4/5/2021
HB Homeless Solutions Update
City of Huntington Beach Printed on 3/31/2021Page 1 of 1
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City of Huntington Beach
File #:21-262 MEETING DATE:4/5/2021
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 March 15, 2021 , and City
Council special meeting minutes of March 29, 2021, require review and approval.
Financial Impact:
None.
Recommended Action:
A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
March 15, 2021, as written and on file in the office of the City Clerk; and
B) Approve and adopt the City Council special meeting minutes dated March 29, 2021, 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. March 15, 2021 CC/PFA regular meeting minutes
City of Huntington Beach Printed on 3/31/2021Page 1 of 2
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File #:21-262 MEETING DATE:4/5/2021
2. March 29, 2021 CC special meeting minutes
City of Huntington Beach Printed on 3/31/2021Page 2 of 2
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, March 15, 2021
4:00 PM — via Zoom
6:00 PM — via Zoom
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM — VIRTUAL ZOOM MEETING
CALLED TO ORDER — 4:02 PM
ROLL CALL
Present: Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
Absent: Peterson (excused)
Pursuant to Resolution 2001-54, Councilmember Peterson requested and was granted permission to be
absent from the Study Session portion of the meeting.
City Attorney Michael Gates requested and received permission to be absent pursuant to City Charter
Section 309(d)
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental
communications received by her office following distribution of the Council Agenda packet.
Study Session
#1. (21-184) PowerPoint Presentation titled Joint Meeting of the City Council and Citizen Participation
Advisory Board to Review 2021-22 CDBG & HOME Funding Recommendations
submitted by Steve Holtz, Deputy Director of Community Development.
#2. (21-227) PowerPoint Presentation titled Major City Facility Upgrade Options – Public Private
Partnership Options submitted by Sean Crumby, Director of Public Works.
Closed Session
#3. (21-244) Two (2) emails received regarding the proposed litigation of SCAG Assessment.
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
19
Council/PFA Regular Minutes
March 15, 2021
Page 2 of 17
STUDY SESSION
1. 21-184 Mid-Year Joint Meeting of the Citizen Participation Advisory Board (CPAB) and City
Council to review Community Development Block Grant (CDBG) Recommendations
2021-22 — Staff and CPAB Committee
ROLL CALL — CITIZEN PARTICIPATION ADVISORY BOARD
Present: Mike Massie (Chair); Peter Andres (Vice-Chair); Gigi Jackson (Secretary); Parna Ghosh;
Macey Lachman
Absent: None
City Manager Oliver Chi introduced Director of Community Development Ursula Luna-Reynosa and
Economic Development Project Manager Robert Ramirez who presented a PowerPoint communication
titled Review 2021-22 CDBG & HOME Funding Recommendations with slides entitled: Background,
Public Participation, CDBG Program Objectives, CDBG National Objectives, CDBG Local Priority
Objectives, CDBG Allocations, HOME Program Objectives, HOME Local Priority Objectives, HOME
Allocations, 2021-22 Available Funding, and Schedule. Board Chair Mike Massey presented CDBG
Public Services, CDBG Administration, CDBG Capital & Housing Preservation Projects, and Thank
You/Questions.
Councilmember Kalmick, Director Luna-Reynosa and Deputy Director Steve Holtz discussed the
correlation between CARE stimulus funds, CDBG funding, and the criteria used to determine the amount
of funding that is available.
Councilmember Delgleize, Deputy Director Holtz and Director Luna-Reynosa discussed the allocation for
Homeless services, which Councilmember Delgleize would like to see increased if possible.
Councilmember Posey stated his support for Stand Up for Kids because of the impact the program has in
reducing current and future social ills, and stated his preference for funding spread among many service
providers.
Councilmember Moser and Deputy Director Holtz discussed the process of sharing program details with
the public, and the organization application and review process. Deputy Director Holtz explained how
adding new programs could potentially reduce funds considered for current programs. Board Chair
Massie how public service organizations represent the greatest number of applicants, but receive the
lowest amount of available funding. Councilmember Moser stated she would find it beneficial for future
reports to show current and immediate past year program amounts.
Mayor Carr stated she also would like to see the year-over-year comparison in the report as well as
increased support for Stand Up for Kids, if possible. She expressed appreciation for the Board's
decisions, and thanked the members for their service.
2. 21-227 City Facility Capital Project Update
City Manager Chi introduced Director of Public Works Sean Crumby who presented a PowerPoint
communication entitled Public Private Partnership Program Options with slides titled: Overview of
Existing City Facilities, Managing and Maintaining Our City Facilities, City Current Has Several Major
Facility Needs, City Hall Facility Overview (3), Police Station Facility Overview (2), Lake Fire Station
Facility Overview (2), Public Works Corporate Yard Facility Overview (2), Lifeguard HQ Facility Overview
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Council/PFA Regular Minutes
March 15, 2021
Page 3 of 17
(2), Major Facility Rehabilitation Cost Estimates, Project Funding Options, DBFOM Project Model - Long
Beach Case Study, DBFOM Project Model Assessment, Viability - DBFOM Project Model Feasible in HB
Given Existing Assets, DBFOM Process Next Steps, and Questions?
Councilmember Delgleize and Director Crumby discussed details regarding the Long Beach experience
to clarify options and the process, including important community outreach.
Councilmember Kalmick, City Manager Chi and Director Crumby discussed concerns related to selling
City property and other considerations such as long-term land leases, as well as negotiating many
options through the process guided by experts hired to represent the City.
Councilmember Posey and Director Crumby discussed that this process could free up Capital
Improvement Program (CIP) dollars depending on negotiations, and described this opportunity as trading
land for development opportunities, and whether any potential sites could trigger a Measure C vote.
Mayor Pro Tem Ortiz and Director Crumby discussed that the plan will most likely involve one developer
rather than multiple developers for the multiple sites, and the selected developer would become the
expert partner to help identify assets, bring financing to the table, streamline the construction in a faster
and more cost-effective manner, and develop the priority for projects while the City continues to provide
services. Director Crumbly explained that Fire response times would be part of the analysis to determine
whether or not it is feasible to move a fire station.
Mayor Carr stated there are many details to be considered, and she looks forward to more discussions.
With no objections there was Council consensus for staff to move ahead with this item and provide a
follow-up report in early Fall.
RECESSED TO CLOSED SESSION — 5:16 PM
Motion by Posey, second Delgleize, to recess to Closed Session Item No. 3. With no objections, the
motion passed.
CLOSED SESSION
3. 21-244 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) - File lawsuit re Appeal of
Southern California Association of Governments (SCAG) Final Regional Housing
Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle.
6:00 PM — VIRTUAL ZOOM MEETING
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM
ROLL CALL
Present: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
Absent: None
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Council/PFA Regular Minutes
March 15, 2021
Page 4 of 17
City Attorney Michael Gates requested and received permission to be absent pursuant to City
Charter Section 309(d)
PLEDGE OF ALLEGIANCE — Led by Councilmember Kalmick
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.
4. 21-119 Charlie Niederman of Temple Beth David in Westminster and member of the Greater
Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
5. 21-176 Mayor Carr presented the Making A Difference award to Tayna Hoxsie of the Boys
and Girls Club of Huntington Valley
Mayor Carr described Tayna Hoxsie as an exceptional individual who has been making positive changes
as a leader in Fountain Valley and Huntington Beach since 1979. Today she is the CEO of the Boys and
Girls Club of Huntington Valley. Tayna has always focused on serving the needs of children and their
families, and was instrumental in establishing the Learning Center Child Development Preschool, the
Clubhouse Academy, and the Kingston Technology Family Campus at Golden West College that
includes a preschool, gymnasium and a Boys and Girls Club branch. Tayna teaches non-profit
management at Cal State Long Beach, serves on the Orange Coast Memorial Medical Center's Grants
Committee, United Way Task Force, and Rotary Club, among other organizations.
Tayna expressed her appreciation for receiving this acknowledgement. Councilmember Delgleize
congratulated Tayna and thanked her for being a role model.
6. 21-200 Orange County Human Relations 2020 Annual Report presented by Minzah Malik
Minzah Malik, Orange County Human Relations Council Board Member, described the Council’s belief
that all people have the right to live free of discrimination and violence, and their focus on ways to create
safe and respectful communities. Ms. Malik reported that 2020 has seen a dramatic increase in incidents
of hate and crimes against people, and described the Council’s efforts to facilitate conversations, deliver
presentations about Orange County's Civil Rights history, and provide training on implicit bias, diversity,
equity and inclusion for corporate and non-profit organizations, schools and communities. Ms. Malik
described a number of the specific interactions the Council had this past year in Huntington Beach, and
reported that working together provides a safe and respectful community.
7. 21-201 Mayor Carr presented the Mayor’s HB Excellence Award to Laura Jenkins, Library
Services Clerk
Laura Jenkins has worked as Library Clerk in the Children's Department for the last four and a half years,
where she provides Ms. Laura's Story Time that encourages early learning and literacy. Director of
Library and Community Services Chris Slama shared that in addition to her popular Story Time, she
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shines in planning and producing children's programming and pivoted to effective on-line programming
this past year. Laura and her team have also created the very successful Make and Take Activity Bags
for various age groups. She received her Master’s Degree in Library and Information Sciences degree in
Spring of 2020, and was recently promoted to Children's Librarian.
Laura expressed her appreciation for the opportunity to assist with providing early learning and literacy
opportunities for preschoolers and their families.
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:
City Manager’s Report
#8. (21-225) PowerPoint communication titled HB’s Mobile Crisis Response Program Overview –
C.A.R.E. – Crisis Assessment Response Effort submitted by Oliver Chi, City Manager.
Consent Calendar
#14. (21-202) Email communication received from Gino Bruno regarding the proposed contract with
Public Sector Personnel Consultants, Inc. to conduct a class and comp study.
Administrative Items
#16. (21-219) PowerPoint communication titled 2021 Fourth of July Celebration Proposal submitted by
Chris Slama, Director of Community and Library Services.
#18. (21-228) PowerPoint communication titled Amendment No.1 to 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” submitted by
Nicolle Aubé, Associate Planner.
Ordinances for Adoption
#19. (21-241) Four (4) emails received regarding the proposed adoption of Emergency and Interim
Ordinance No. 4229 regarding establishing limitations on third-party food delivery fees.
Council Member Items
#20 (21-243) Letter from multiple business owners regarding the proposed recommendation to analyze
and assess zoning and parking requirements received from Duke Dufresne.
PUBLIC COMMENTS (3-Minute Time Limit) — 8 Speakers via Zoom
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.
Chad Kroeger was invited to speak and shared the continued bullying that he and TJ are experiencing at
the Vans Off the Wall Skate Park and again asked for some support from Mayor Pro Tem Ortiz. Mayor
Carr explained that Councilmembers are not allowed to interact with speakers during Public Comments.
(01:41:27)
Caller #460, Finance Commissioner Casey McKeon, was invited to speak and shared the Commission's
concerns regarding the Orange County Power Authority (OCPA) contract for the Community Choice
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Energy program, and encouraged the Council to amend specific sections of the contract before the April
1 deadline, as outlined in a letter previously sent to Council. (01:43:25)
Amory Hanson, a Candidate for City Council in 2022 and member of the Huntington Beach Historic
Resources Board, was invited to speak and stated his support for Ordinances for Adoption, Item 19 (21-
241) regarding establishing limits on third-party food delivery fees. (01:46:34)
Mark Sheldon, a 30+ year resident of Huntington Beach and former member of the Environmental Board,
was invited to speak and stated his opposition to Councilmember Item No. 21 (21-242) regarding the
elimination of two staff level committees. (01:47:29)
Austin Edsell, a resident of Huntington Beach, was invited to speak and stated his opposition to
participating in the Orange County Power Authority (OCPA) Community Choice Energy program
because in his opinion, the risks outweigh potential benefits, but if the Council decides to participate, he
stated his support for the concerns and comments made by Finance Commissioner McKeon. (01:50:47)
Chad Horrell, Government Relations, DoorDash Food Delivery, was called to speak and stated
opposition to Ordinances for Adoption Item 19 (21-241) regarding establishing limitations on third-party
food delivery fees. (01:52:02)
Caller #283, Founder of Parents Rights, was called to speak and shared an editorial letter he recently
wrote to the O. C. Breeze related to mental and emotional stress related to inadequate park acreage and
opportunity for outdoor activities. (01:55:01)
Caller #927 was called to speak, but unfortunately was using an old version of Zoom and a speaking
connection was not possible. (01:58:20)
Caller #523, Eric Silkenson, a Candidate for City Council in 2020, was invited to speak and stated his
support for Ordinances for Adoption Item 19 (21-241) regarding Establishing Limitations on Third-Party
Food Delivery Fees, support for Finance Commissioner McKeon's comments regarding the Orange
County Power Authority (OCPA) contract for the Community Choice Energy program, support for the
changes implemented for Downtown Main Street businesses during this challenging time, and
encouraged Mayor Pro Tem Ortiz to focus his social media efforts on the benefits of Huntington Beach.
(01:58:49)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported attending meetings of the Orange County Parks Commission, Vector
Control, and Orange County Power Authority; and, announced that he was appointed to the Nominations
Committee for Southern California Association of Government (SCAG) to provide a slate of potential
officers.
Councilmember Moser reported attending meetings of the Huntington Beach Human Relations Task
Force, Youth Board, and Finance Commission.
Councilmember Kalmick reported attending meetings of the Southern California Association of
Governments (SCAG) Joint Policy Committee, Orange County Power Authority (OCPA), Orange County
Sanitation Administrative Committee, and Smart City Ad Hoc Committee.
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Councilmember Delgleize reported attending meetings of the Orange County Transportation Authority
(OCTA) Board, Smart City Ad Hoc Committee, and Association of California Cities - Orange County
(ACC-OC).
Mayor Carr reported attending meetings of the Human Relations Task Force, Huntington Beach Council
on Aging, Orange County Sanitation Legislative and Public Affairs Committee, National Water Research
Institute, Economic Development Committee, and the Downtown Business Improvement District (BID).
CITY MANAGER’S REPORT
8. 21-225 Mobile Crisis Response Unit Update
City Manager Chi was joined by Interim Police Chief Julian Harvey to present a PowerPoint
communication entitled C.A.R.E. — Crisis Assessment Response Effort with slides titled: The Problem,
The Impact, The Frustration, The Result, OK, So What To Do, The Potential Solution, Benefits to
C.A.R.E. Approach, C.A.R.E. Program Currently Under Development, Models Similar to C.A.R.E.
Demonstrate Proof Of Concept, Next Steps, and Questions.
Councilmember Posey, City Manager Chi and Interim Police Chief Harvey discussed opportunities for
decreasing the improper use of Emergency Room resources for issues like non-emergency attention to
wound care and mental health issues, and confirmed that "Wound Walk" is an important component of
the program.
Councilmember Kalmick stated his support for the plan to collaborate with other cities, and discussed
with Interim Police Chief Harvey some statistics from the successful CAHOOTS (Crisis Assistance Helping
Out On The Streets) model being used in Eugene, Oregon since 1989. In summary, developing a
C.A.R.E. program is expected to provide qualified and appropriate resources to people in need
throughout the community so that police officers can focus on their responsibilities.
Councilmember Delgleize shared some statistics regarding the number of people with mental health
issues and stated her support for the benefits this program can provide.
Councilmember Moser stated her support for this integrated healthcare model and all the benefits this
approach will provide.
Mayor Carr stated her excitement at moving forward with a regional approach and thanked City Manager
Chi and Interim Police Chief Harvey for the excellent report.
CONSENT CALENDAR
Mayor Carr pulled Item #13 and Councilmember Posey pulled Item #10 for further discussion.
9. 21-195 Approved and Adopted Minutes
A motion was made by Posey, second Delgleize to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated March 1, 2021, as written and on file in the office of the City
Clerk.
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The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
10. 21-218 Approved appointments to the Human Relations Task Force (HRTF) as
recommended by City Council Liaisons Mayor Carr and Councilmember Moser
Councilmember Posey stated for the record that it is customary practice for City Council Liaisons to
make recommendations for committees and commissions and he expressed his full support for the
appointment of Chris Hoff and Debbi Parrott.
A motion was made by Posey, second Delgleize to approve the appointment of Debbi Parrott as a
member of the Human Relations Task Force through December 31, 2023, the end of term for the current
vacancy; and, approve the appointment of Chris Hoff as a member of the Human Relations Task Force
through December 31, 2021, the end of term for the current vacancy.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
11. 21-191 Adopted Resolution No. 2021-14 ordering the Summary Vacation of an Easement
over a portion of Third Street in the City of Huntington Beach; and, authorized
recordation with the Orange County Recorder
A motion was made by Posey, second Delgleize to adopt Resolution No. 2021-14, "A Resolution of the
City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a
Portion of Third Street in the City of Huntington Beach;" (Attachment 2) and, instruct the City Clerk to
record Resolution No. 2021-14 and the respective, attached exhibits with the Orange County Recorder.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
12. 21-194 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with All American Asphalt in the amount of $2,614,115 for the
Residential Overlay of Maintenance Zone 3, CC-1618
A motion was made by Posey, second Delgleize to accept the lowest responsive and responsible bid
submitted by All American Asphalt in the amount of $2,614,115; and, authorize the Mayor and City Clerk
to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
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13. 21-220 Approved and authorized execution of the First Amended and Restated
Memorandum of Understanding (MOU) between the City of Huntington Beach and
the Friends of the Huntington Beach City Junior Guards (FJG)
Mayor Carr pulled this item to request that the City cover uniform costs one more year due to the
pandemic, and suggested looking for a potential uniform sponsor moving head.
A motion was made by Carr, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the "First Amended and Restated Memorandum of Understanding Between the City of
Huntington Beach and the Friends of the Huntington Beach City Junior Guards," as amended - City to
absorb uniform costs for the current year (2021).
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
14. 21-202 Approved and authorized execution of an Agreement with Public Sector Personnel
Consultants, Inc. (PSPC) to conduct a Citywide Classification and Compensation
Study
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Professional Services Contract Between the City of Huntington Beach and Public Sector
Personnel Consultants, Inc. for a City-Wide Classification and Compensation Study" in the amount of
$175,000.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
15. 21-237 Approved a Professional Services Contract with Carl Warren & Company for
Liability Claims Administration Services
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute the agreement, "Professional Services Contract Between the City of Huntington Beach and Carl
Warren & Company Liability Claim Investigation and Processing," in the amount of $309,000 for three (3)
years, and delegate authority to the City Manager to execute any extensions thereto.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
ADMINISTRATIVE ITEMS
16. 21-219 Approve a recommended Action Plan and authorized execution of Amendment No.
1 to the Contract between the City of Huntington Beach and Soundskilz, Inc., for the
2021 4th of July Celebration in light of the ongoing COVID-19 pandemic
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City Manager Chi introduced Director of Community and Library Services, Chris Slama who jointly with
Community Services Manager Chris Cole, presented a PowerPoint communication entitled 2021 4th of
July Celebration Proposal with slides titled: 4th of July Tradition, COVID-19 Impact on 4th of July
Celebration, Proposed 2021 4th of July Celebration, Neighborhood Parade, Pier Plaza Festival, Home
Decorating Contest, Modified 5K Run, Fireworks Show Over HB Pier, Soundskilz Contract Amendment
to Facilitate 2021 4th of July Events, Recommended Action, and Questions.
Councilmember Posey stated he is getting a mixed message because the plan does not include the
traditional parade, but there are plans for crowd activities like a Pier Plaza festival and fireworks at the
Pier. City Manager Chi stated that at the moment event planners, Visit HB and the hotels are hopeful
that some of the pandemic restrictions will be lifted by July 4, but most likely not all of them, so the plan
has to be fluid. Councilmember Posey and staff discussed possible parking options, and the fact that
beaches may, or may not, be closed at that time.
Councilmember Peterson, as a Council Liaison for the Fourth of July Executive Board, described the
difficulties in trying to scale back while not knowing what specific safety measures will be in place,
considering that the typical parade route produces the biggest crowd especially when compared to the
space available for the fireworks crowd. He added that the Board and Soundskilz are working diligently
to find sponsors and provide a safe event.
Mayor Carr asked if there is an opportunity to add activities if health and safety restrictions are lifted, and
Councilmember Peterson replied to the best of his knowledge it is in the plan to include the 5th Street
Block Party if safety guidelines allow.
Councilmember Posey and Director Slama discussed financial considerations and potential sources of
revenue. Steve Clayton, Founder and President of Soundskilz, described how guideline uncertainties for
public gatherings influence commitments from potential sponsors, and the importance of devising a
realistic plan that will deliver anticipated results. Councilmember Posey clarified for the record that
parking fees collected are to only be used to offset public safety costs.
Mayor Pro Tem Ortiz offered to assist Mr. Clayton with efforts to recruit sponsors.
A motion was made by Peterson, second Ortiz to direct staff to proceed with a modified version of the
traditional 4th of July Celebration, as approved by the Fourth of July Executive Board, to include a
neighborhood parade, home decorating contest, Pier Plaza Festival, modified 5K run, and fireworks
show; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to
Professional Services Contract Between the City of Huntington Beach and Soundskilz, Inc. for the
Production and Management of the Annual Fourth of July Celebration."
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
17. 21-221 Approved Establishment of a City Council Ad-Hoc Committee to Perform a Formal
Review of the City’s Current Boards, Commission, and Committee Structure
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City Manager Chi briefly introduced this item by describing the Council's request for an assessment in
2019, a process that was derailed due to COVID-19, and stated it is now time to move forward. There
are currently over 40 different City-initiated Boards and Commissions, and this effort will be to assess
where there may be overlapping duties and responsibilities.
Councilmember Kalmick stated his interest in cutting red tape, but also providing opportunity for citizen
participation in the decision-making process. He added that he would like to include for review all of the
State and County organizations that Councilmembers participate in, while also keeping in mind that staff
is involved in all City Board and Commission meetings. Councilmember Kalmick expressed his interest
in being on this Ad-Hoc committee.
Councilmember Posey provided some basic costs for staff time to support all of the Boards and
Commissions, and described the need for transparency and citizen involvement, as reasons to approve
this Ad-Hoc Committee.
Councilmember Moser stated her agreement with the comments made by Councilmembers Posey and
Kalmick. She further stated that in addition to the staff costs, there is benefit to the City from the services
that community members provide through their volunteer participation.
Councilmember Delgleize stated her support for this item, and agreement with Councilmember Kalmick's
comments.
Mayor Carr acknowledged the list of Boards and Commissions presented is not complete, and there are
task forces and committees that may have served their purpose and are no longer needed. She
described her support for this effort is not to decrease the number of people involved but rather
decreasing the number of committees to eliminate overlapping responsibilities.
Councilmember Posey stated for the record that the purpose of the Ad Hoc Committee is to review
purpose, objectives, and goals to determine the best way to deliver for the taxpayers.
A motion was made by Kalmick, second Posey to establish a 3-member City Council Ad-Hoc Committee,
comprised of the Mayor and two (2) Council Members, to perform an assessment of the City's overall
board, commission, and committee structure.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
18. 21-228 Approved and authorized execution of Contract Amendment No. 1 with Kimley-
Horn, Inc. for preparation of the 6th Cycle Housing Element in an amount not to
exceed $52,900 for Public Outreach
City Manager Chi introduced Associate Planner Nicolle Aubé who presented a PowerPoint
communication entitled Kimley-Horn Contract Amendment No. 1, with slides titled: Existing Contract -
Public Outreach, Proposed Contract Amendment No. 1: Options for Expanded Public Outreach, Online
Community Survey, Geographic Area Specific Meetings, Subject Group Meetings, Targeted Focus
Group Meetings, Informational Fact Sheets, and Informational Video Segments.
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Councilmember Posey stated how important community outreach is and asked for clarification as to why
this was not included in the original contract and is being added as an amendment. Community
Development Director Luna-Reynosa explained that at the time the original contract was presented to
Council, it was explained that public outreach is a contingency component that can increase as a project
proceeds.
Councilmember Kalmick requested that the indigent communities be included in outreach efforts by
providing information in the Spanish and Vietnamese languages. Kimley-Horn Consultant Nick Chen
confirmed that the planned meetings and information materials would be provided in English and
Spanish, and they can also provide for the Vietnamese community as well if staff determines that is
necessary.
Councilmembers Delgleize and Moser stated support for doing what it takes to keep the community
informed, especially for this challenging project.
Mayor Carr stated her support for this item and reiterated that it is critical to reach into each area of the
City so all of the diverse voices are heard.
A motion was made by Kalmick, second Posey 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
Kimley-Horn, Inc. for the 6th Cycle Housing Element Update."
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
ORDINANCES FOR ADOPTION
19. 21-241 Failed to Adopt Emergency and Interim Ordinance No. 4229, Establishing
Limitations on Third-Party Food Delivery Fees
Five Affirmative Votes are required to adopt per Charter Section 501
City Manager Chi introduced Assistant City Manager Travis Hopkins who provided background on this
item as originally proposed by Councilmember Moser, and explained that proposed Ordinance No. 4229
limits delivery fees to no more than 15 percent (15%) of the purchase price; any other fees limited to no
more than five percent (5%) of an online food order; the retail food establishment sets the price for online
orders; and, all tips and gratuities paid by the customer would go the delivery person. Additional
stipulations require the delivery service to provide a detailed invoice itemizing each cost component, and
enforcement could result in a misdemeanor or infraction, at the discretion of the City Attorney, who may
bring civil action for enforcement. Assistant City Manager Hopkins reminded everyone that per Charter
Section 501, five affirmative votes are required for approval and an Emergency and Interim Ordinance
automatically expires in 120 days.
Councilmember Posey and Assistant Chief City Attorney Vigliotta discussed enforcement mechanisms
based on what other cities are doing such as involving Code Enforcement, or filing injunctive action
asking the court for a temporary restraining order.
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Councilmember Moser clarified that enforcement is on the third-party delivery company, not against any
of the local businesses. She further explained that currently it appears that third-party delivery
companies are aware of and following city ordinances to control costs for residents. Councilmember
Moser stated her opinion that this temporary ordinance, coupled with micro grants and Federal aid will
help local restaurant businesses. She further described this effort as a temporary solution to an
emergency.
Councilmember Delgleize and City Manager Chi discussed that an industry organization does not have
the authority to implement the regulations being presented. Councilmember Delgleize stated her
hesitancy to support any city dictating how a business should operate.
Councilmember Ortiz stated he can understand the effort to curtail costs for residents, but does not feel
comfortable doing that at the expense of other businesses.
Councilmember Kalmick shared his discussion with DoorDash representatives, and confirmed with City
Manager Chi that the proposed ordinance does not prevent a food business from opting in for
DoorDash's Premium Service. He further shared his opinion that this ordinance may make it possible for
the City's small businesses to hang on until the pandemic is gone.
Councilmember Peterson stated his opposition to this item, and his opinion it is not appropriate for
government to interfere with business contracts. He is not aware of any restaurant that is closing down
because of the delivery service charges. Councilmember Peterson noted that the delivery service
businesses hire many people, and he will never support policies that restrict any business.
Councilmember Posey stated that he believes the best way to support local restaurants and maximize
their income is to call in your order, pick it up yourself, and tip more than normal. He also shared his
opinion that this proposed ordinance could just drive the third-party delivery businesses to other cities
that do not have these restrictions. Councilmember Posey stated he cannot support any policy, whether
of a short-term emergency situation or not, where government modifies business contracts or sets prices.
Councilmember Moser that Council for their research, and stated that from what she has read, driver’s
wages would not be impacted by the ordinance. In addition, she provided her opinion that the ordinance
if adopted would not drive delivery businesses to other cities.
Councilmember Kalmick expressed his opinion this ordinance is a means to benefit the residents during
the remainder of the pandemic and he fully supports this item while respectfully disagreeing with
Councilmember Posey.
Councilmember Delgleize thanked Councilmembers Moser and Kalmick for their passionate presentation
on behalf of this item, and stated she still cannot support any city dictating how a business should
operate.
Mayor Carr stated her support for this item because any effort to temporarily benefit local food service
operations is critical at this point.
A motion was made by Moser, second Kalmick to adopt Ordinance No. 4229, "An Emergency and
Interim Ordinance of the City of Huntington Beach Establishing Limitations on Third-Party Food Delivery
Fees."
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The motion failed by the following vote:
AYES: Carr, Moser, and Kalmick
NOES: Peterson, Delgleize, Ortiz, and Posey
COUNCILMEMBER ITEMS
20. 21-243 Item Submitted by Mayor Carr Approved - Direct staff to analyze and assess Zoning
Code and Parking Requirement adjustments to facilitate ongoing Outdoor Dining
and Retail Operations after the pandemic
Mayor Carr introduced the item by explaining the request came from businesses in the community,
especially the small businesses on private property, which would like to continue offering outdoor dining
after the pandemic. She stated it is time to revisit parking ratios, especially now that more people are
using Uber and Lyft for transportation, to determine if outdoor dining can continue on a more permanent
basis.
Councilmember Delgleize stated her support for this item.
Councilmember Posey stated his enthusiastic support for this item, and that he is not aware of anyone
complaining about not enough parking during this time of expanded outdoor dining.
Mayor Pro Tem Ortiz stated his support for this item, as he believes more people are choosing to eat out
and leave the driving to Uber or Lyft, which can decrease the amount of parking space an establishment
needs.
Councilmember Peterson suggested in some situations the use of a Conditional Use Permit (CUP) for a
specific address might be appropriate because if that business moves out the parking requirements may
revert for a different business moving in.
Community Development Director Ursula Luna-Reynosa stated that if the action is approved, staff will be
looking at aesthetics, safety, design guidelines, and flexibility. She added that parking policies guided by
a business's needs are important.
Councilmember Kalmick stated he would like to see parking requirements possibly tied to time of use,
implementation of some shared use options, and consideration of valet parking and Conditional Use
Permits in some circumstances. Councilmember Kalmick confirmed with Mayor Carr that the focus of
this effort is related to expansion of outdoor dining and retail services on private property.
A motion was made by Carr, second Delgleize to recommend that the City Council direct staff to analyze
and develop options for updating the City's zoning code and parking standards to allow for a permanent
expansion of outdoor dining and retail services on private property.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
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21. 21-242 Item Submitted by Councilmember Kalmick Approved - Elimination of two staff
level committees — Environmental Assessment Committee (EAC) and Subdivision
Committee
Councilmember Kalmick explained his opinion that the Subdivision Committee, which consists of staff
and Planning Commissioners, was functional when created, but at this point, it just creates additional
hurdles that increase project costs. He stated his intention is to ask staff to eliminate the Committee and
change necessary code and policy.
Councilmember Kalmick described the Environmental Assessment Committee (EAC) as three staff
members, including the City Attorney, holding a public meeting to discuss a position they have taken. He
explained his opinion that the Brown "Open Meetings" Act does not apply to the EAC because it is
composed of staff members, and they should just file a Notice of Action. He added that no one could say
anything at an EAC meeting that would change a project outcome.
Councilmember Delgleize stated her support for the item because the issues discussed by these
Committees are public and transparent with other options available in the process for the public to
address any concerns.
Councilmember Posey stated his support for this item and shared his opinion this action dovetails with
approved Consent Calendar Item No. 17 (21-221) regarding establishing an Ad-Hoc Committee to
perform a formal review of the City's current Boards, Commission, and Committee structure.
Councilmember Posey confirmed with Councilmember Kalmick that they are not aware of either of these
Committee decisions ever being overturned.
Mayor Carr, Councilmember Kalmick and Chief Assistant City Attorney Vigliotta discussed the fact that
they do not ever recall any members of the public attending any of these Committee meetings. Director
Luna-Reynosa explained that for the Subdivision Committee, the action is a tentative tract map that goes
before the Planning Commission with a Notice of Public Hearing for public input. The Planning
Commission's recommendation goes before the City Council with another opportunity for public
comment. She further stated that the EAC process follows the same path with several other
opportunities for public input, and explained that most other cities do not have comparable committees.
Councilmember Mosey stated her opinion that these committees appear to be redundant and therefore
she supports the item.
Councilmember Kalmick and Director Luna-Reynosa discussed the multiple opportunities the public has
to be involved in these processes, and confirmed that Environmental Impact Reports, Negative, and
Mitigated Declarations are disclosure documents which include public participation.
A motion was made by Kalmick, second Delgleize to recommend that the City Council direct staff to
prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both
the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review
body.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
33
Council/PFA Regular Minutes
March 15, 2021
Page 16 of 17
COUNCILMEMBER COMMENTS (Not Agendized)
Mayor Pro Tem Ortiz responded to public speakers Chad and TJ who requested assistance regarding
repeated bullying incidents at Vans Off The Wall Skatepark by asking them to email him with the date
and time of their next visit to the Skatepark. He also described his willingness to function as a mediator
and help the parties involved to cooperate so everyone can enjoy the facility.
Councilmember Posey stated his interest in joining Mayor Pro Tem Ortiz at the Skatepark meeting, and
also encouraged his fellow Councilmembers and the public to visit any Wound Walk event, and
applauded the work they are doing.
Councilmember Moser reported on the trauma-informed care that is provided by Wound Walk under the
leadership of Michael Sean Wright, and the many volunteers who recently joined with Huntington Beach
Police and Fire Departments to build trust with the City's homeless population. She also reported
meeting with United to End Homelessness, Interim Police Chief Harvey regarding enforcement efforts in
and around Harriett Weider Park, and Jason Austin with the County to develop a collaborative effort to
address homelessness. She participated in Children Read Across America by reading to Mrs. Grey's
Third Grade and Mrs. Hepburn's Fourth Grade Gifted and Talented Education (GATE) classes, and
thanked Huntington Beach Library staff for their support; met over Zoom with a nine year old student
from Mrs. Grey's Third Grade class who was seeking advice on how to address her concerns about
Mylar balloons; volunteering at OTHENA senior vaccinating event; attending Youth Day Public Policy
Academy meetings; and thanked the Huntington Beach Fire Department and EMT Response Team for
responding with care and concern when her Dad recently had a bad fall. Councilmember Moser read a
statement she prepared to express her opinion on issues that are not appropriate for Councilmembers to
express public opinions on, and asked her fellow Councilmembers to focus on serving with justice and
compassion.
Councilmember Kalmick expressed his appreciation for the opportunity to participate in Children Read
Across America by reading to Ms. Anderson's class at Peterson Elementary School; meeting as a Board
Member of the Bolsa Chica Land Trust with members of supporting agencies, including Interim Police
Chief Harvey and several members of the Huntington Beach Police force and Dispatch, to address the
issue of parking lot break-ins where expensive camera equipment is being stolen. He also reported
helping out at Central Net with vaccinations.
Councilmember Delgleize reported attending the Tree Society Arbor Day event and thanked Jean Nagy
and the many volunteers who spend countless hours improving the City’s green space.
Mayor Carr reported also attending the Tree Society Arbor Day event and presenting the Council's
Certificate of Appreciation; participating in Children Read Across America with Mrs. Newton's Fourth
Grade and Ms. Forgiarini's First Grade classes at Peterson Elementary School, City of Huntington Beach
and Huntington Beach Hospital vaccination clinic; and announced the next Town Hall Meeting, an
informational webinar to present details on the Small Business Micro Grant Program, at 6 PM on
Wednesday, March 17, with a follow-up webinar on March 22, at 2 PM to present the Micro Grant
application process. Mayor Carr also announced that the next City Council meeting on Monday, April 5,
2021, will be an in-person meeting for Councilmembers and Public Speakers only. Public speakers will
also have the opportunity to participate via Zoom, or phone call, but in-person observation will not be
allowed.
34
Council/PFA Regular Minutes
March 15, 2021
Page 17 of 17
ADJOURNMENT — 10:01 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, April 5, 2021, 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
35
Minutes
City Council Special Meeting
City of Huntington Beach
Monday, March 29, 2021
5:00 PM – via Zoom
Huntington Beach, California 92648
A video recording of this 5:00 PM meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
5:00 PM - VIRTUAL LOCATION
CALLED TO ORDER — 5:00 PM
ROLL CALL
Present: Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
Absent: Peterson (excused)
Councilmember Peterson requested and was granted permission to be absent pursuant to Resolution
2001-54.
PLEDGE OF ALLEGIANCE — Led by Mayor Carr
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:
Administrative Items
#1. (21-275) Two (2) email communications regarding adoption of COVID-19 safety guidelines
related to in-person City Council meeting protocols.
PUBLIC COMMENTS (3 Minute Time Limit) — 1 Call-In Speaker
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Amory Hanson, a Candidate for City Council in 2022 and member of the Huntington Beach Historic
Resources Board, was called to speak and stated his support for re-opening Council Chambers with
appropriate safety measures, suggested an ending date be included in any action, and requested that
all of the City's deliberative assemblies be included in the action f or in-person meetings. (00:02:45)
ADMINISTRATIVE ITEMS
1. 21-275 Failed to Adopt COVID-19 safety guidelines related to in-person City Council
meeting protocols
36
Council Special Meeting Minutes
March 29, 2021
Page 2 of 3
City Manager Chi presented a PowerPoint communication entitled: In-Person City Council Meeting
Protocols with slides titled: Covid-19 Situational Update, Orange County in Red Tier, With Orange Tier
Status Likely This Week, In-Person Council Meetings, April Transition Planned for Initial Reopening
Efforts, Covid-19 Reopening Plan, Guidance for Businesses and Employers Responding to COVID-19,
Objections Raised, Council Members Have Requested Discussion Regarding In-Person Protocols, City
Council Direction Needed, and Questions.
Mayor Carr opened comments by expressing her disappointment that Councilmember Peterson chose
not to attend the meeting, as he had previously asked questions that could have been addressed if he
were present to participate.
Councilmember Delgleize and City Manager Chi discussed details regarding installation of Plexiglas
shielding in the Council Chambers, the temperature check process required for anyone entering to
make Public Comments, and safety protocols requiring face coverings and social distancing.
Councilmember Kalmick and City Manager Chi discussed the handling of non-compliant visitors who
may disrupt the meeting. City Manager Chi explained that the Mayor chairs the meeting, staff would
monitor for compliance, and disruptive visitors would agree to comply or risk being escorted from the
meeting by the Sergeant-at-Arms
Councilmember Posey stated that while he does not enjoy wearing a mask, he does so to show respect
for others, and supports reopening the Chambers for safe in-person meetings as quickly as possible.
Councilmember Posey added his opinion that elected officials are in a position of leadership that
requires mutual respect and trust among peers, and should focus on doing the right thing with decency,
respect, compassion, integrity, honesty and trust.
Mayor Pro Tem Ortiz described his public experiences and interactions without wearing a mask during
his candidacy, personal exposure to individuals infected with COVID-19, and his belief that each U. S.
citizen has the freedom to make choices regarding their own health. Mayor Pro Tem Ortiz also
explained his choice to focus on maintaining a healthy immune system, and acknowledged that while
his choice may not be appropriate for everyone, he chooses to remain true to his beliefs.
Councilmember Moser described holding the special meeting as an evidence-based approach to
address a problem, her appreciation for Councilmember Posey's comments, and her support for
wearing masks. She also acknowledged Mayor Pro Tem Ortiz’s right to wear or not wear a mask, but
described his reasoning’s as “anecdotal fallacy,” and her opinion that he does not have the right to
ignore safety guidelines in a public setting. She concluded by stating that his decision on wearing a
mask will determine how he participates in future Council meeting should the Council choose to adopt
the re-opening plan.
Mayor Carr expressed her opinion that Councilmembers have a job to do, paid by the government, and
do not have the authority to ignore safety guidelines that at this time include wearing a mask in a public
meeting. She encouraged Council to do what it takes to engage with the people who elected them,
especially in light of pandemic barriers. Mayor Carr described her knowledge of other agencies
adhering to CDC COVID-19 safety protocols, and expressed appreciation for Mayor Pro Tem Ortiz
attending tonight’s meeting to share his opinion. She stated that everyone, including elected officials,
staff, the public, must all abide by the same rules, and strongly encouraged Mayor Pro Tem Ortiz to
either wear a mask, or attend future Council meetings virtually.
37
Council Special Meeting Minutes
March 29, 2021
Page 3 of 3
Councilmember Kalmick and Mayor Pro Tem Ortiz further discussed their differing opinions on the
issue of wearing masks. Mayor Pro Tem Ortiz stated his choice to represent his constituents who have
made the same choice about not wearing masks. Councilmember Kalmick shared his concerns about
asymptomatic exposure and after receiving a definitive response that Mayor Pro Tem Ortiz plans to
attend future in-person meetings without a mask, Councilmember Kalmick moved to continue the
practice of conducting Council meetings virtually until CDC COVID-19 guidelines lift the mask mandate.
Mayor Carr stated her support for Councilmember Kalmick's motion to keep Council meetings remote
until masks are no longer required in order to prevent the potential spectacle of having to escort any
Councilmember or member of the public out of a meeting.
Mayor Pro Tem Ortiz expressed strong concerns about the distribution of false information nationally,
described his strong commitment to public service, and stated it is not his intention to cause a public
spectacle.
Councilmembers Moser, Delgleize and Posey offered closing thoughts on Mayor Pro Tem Ortiz’s
refusal to wear a mask, the importance of moving forward to do the public’s business, public perception
of leadership, and mutual respect for each other’s safety. In closing, Councilmember Posey provided a
second to Councilmember Kalmick’s motion to continue meeting virtually until CDC mask guidelines
change.
At approximately 6:00 PM, City Manager Chi announced that Mayor Pro Tem Ortiz had to leave the
meeting due to a previous commitment.
The motion by Kalmick, second Posey to hold meetings virtually until CDC mask guidelines ease,
carried by the following vote:
AYES: Kalmick, Carr, Posey, Moser and Delgleize
NOES: None
ABSENT: Peterson, and Ortiz
ADJOURNMENT at 6:04 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, April 5, 2021, 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, California
ATTEST:
___________________________________
City Clerk
______________________________________
Mayor
38
City of Huntington Beach
File #:21-204 MEETING DATE:4/5/2021
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:
Approve the West Orange County Water Board (WOCWB) proposed budget for Fiscal Year
2021/22, with the City of Huntington Beach amount of $1,048,936
Statement of Issue:
The City is a member of the West Orange County Water Board (WOCWB) Joint Powers Authority.
The individual member agencies of WOCWB need to approve the proposed WOCWB budget for
Fiscal Year (FY) 2021/22, prior to adoption by the Board as a whole.
Financial Impact:
The City’s share of the WOCWB FY 2021/22 total proposed budget of $1,649,000 is $1,048,936.
This amount is made up of $69,564 for the annual operating budget, $418,372 for the City’s share of
the loan repayment for the OC-35 Pipeline Relocation Project, and $561,000 for the Cathodic
Protection Program. The FY 2021/22 proposed operating budget is included in the Water Fund
business unit 50685801, the debt service is included in the Water Master Plan business unit
50785999, and the Cathodic Protection Program is included in the Water Fund business unit
50691016.
Recommended Action:
Approve the WOCWB Proposed budget for Fiscal Year 2021/22, with the City of Huntington Beach
amount of $1,048,936.
Alternative Action(s):
Do not approve the proposed budget and direct staff accordingly.
Analysis:
The WOCWB is a Joint Powers Authority comprised of the cities of Garden Grove, Seal Beach,
Westminster, and Huntington Beach, for the purpose of purchasing water from the Municipal Water
District of Orange County, and transporting it via the OC-9 and OC-35 transmission mains, owned by
the Joint Powers cities. Huntington Beach owns 56.1 percent of the system. The WOCWB is
governed by five elected officials, one each from the cities of Garden Grove, Seal Beach , and
City of Huntington Beach Printed on 3/31/2021Page 1 of 2
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File #:21-204 MEETING DATE:4/5/2021
Westminster, and two from the City of Huntington Beach. Council Members Natalie Moser and Erik
Peterson represent the City of Huntington Beach.
The General Manager of the WOCWB (the City of Huntington Beach Public Works Deputy Director)
submits a proposed budget to the Board for review at mid-year for approval by the Board, prior to the
beginning of the new fiscal year, after all member agencies’ Councils have approved their share of
the budget.
The total proposed budget for Fiscal Year 2021/22 is $1,649,000. This includes $124,000 for the
operating budget which includes maintenance, electricity and administrative costs (legal, insurance
and audit fees); $525,000 in debt service for the OC-35 realignment project reimbursement
agreement with OCTA; and $1,000,000 for the Cathodic Protection Program to extend the lifespan of
both the OC-9 and OC-35 transmission mains.
The Board reviewed the proposed budget at the February 17, 2021, special meeting and moved to
recommend that each agency approve their share of the budget. Upon approval by each agency, the
Board will consider approval of the budget at their next meeting, scheduled for April 21, 2021.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. West Orange County Water Board Proposed Fiscal Year 2021/22 Budget
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WEST ORANGE COUNTY WATER BOARD
DRAFT FISCAL YEAR 2021-22 BUDGET
FY 20-21
Approved
FY 21-22
Proposed
ACCOUNT NUMBER ACCOUNT DESCRIPTION
OPERATING EXPENSES
50885101.61200 Electricity $4,500 $4,500
50885101.64620 Contracts for Repairs and Maintenance $50,000 $40,000
PLC Design for SCADA $25,000 $25,000
Vault (2) Refurbishment $20,000 $30,000
50885101.69345 Auditing $5,500 $5,500
50885101.69375 Attorney Fees $2,500 $2,500
50885101.69365 Other Contract Services $2,000 $2,000
50885101.73010 General/Liability Insurance $9,500 $9,500
50885101.75400 Board Stipend Expense $2,500 $2,500
50885101.79100 Contingency $2,500 $2,500
50885101.82100 Cathodic Protection $1,000,000 $1,000,000
OPERATING EXPENSES $1,124,000 $1,124,000
NON OPERATING EXPENDITURES
50885102.88010 Debt Service*$525,000 $525,000
TOTAL $1,649,000 $1,649,000
*Cities of Huntington Beach and Seal Beach for OC-35 realignment project loan
January 13, 2021
41
DRAFT FY 21-22 BUDGET
AGENCY CONTRIBUTIONS
ACCOUNT NUMBER AGENCY OWNERSHIP
PERENTAGE
FY 21/22 COST
50800508.46610 Huntington Beach 56.1 $630,564
50800508.46620 Garden Grove 4.2 $47,208
50800508.46630 Seal Beach 14.3 $160,732
50800508.46640 Westminster 25.4 $285,496
Totals 100.0 $1,124,000
50800508.46610 Huntington Beach 56.1 $418,372
50800508.46620 Garden Grove*4.2 $0
50800508.46630 Seal Beach 14.3 $106,628
50800508.46640 Westminster*25.4 $0
Totals 100.0 $525,000
50800508.46610 Huntington Beach 56.1 $1,048,936
50800508.46620 Garden Grove*4.2 $47,208
50800508.46630 Seal Beach 14.3 $267,360
50800508.46640 Westminster*25.4 $285,496
Total Budget $1,649,000
Operating Budget (Including Cathodic Protection)
Fourth Year OC-35 Relocation Project Loan Payment
Total Proposed Budget
*Garden Grove and Westminster have paid off their portions of the loan
January 13, 202142
City of Huntington Beach
File #:21-277 MEETING DATE:4/5/2021
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:
Consider Positions on Legislation Pending before the State Legislature, as recommended by
the Intergovernmental Relations Committee (IRC)
Statement of Issue:
On March 17, 2021, the Intergovernmental Relations Committee (IRC), comprised of Mayor Kim
Carr, Mayor Pro Tem Tito Ortiz, and Council Member Mike Posey, discussed current local, state and
federal issues with relevance to Huntington Beach. Following discussion, the IRC chose to take
positions on certain proposed State legislation, which are being presented to the City Council for
approval. Those positions include: Oppose AB 339 (Lee); Support AB 361 (Rivas); Support AB 703
(Rubio); and Watch SB 6 (Caballero).
Financial Impact:
Not applicable.
Recommended Action:
A) Approve a City position of Oppose on Assembly Bill 339 (Lee) - State and local government: open
meetings; and/or,
B) Approve a City position of Support on Assembly Bill 361 (Rivas) - Open meetings: local agencies:
teleconferences; and/or,
C) Approve a City position of Support on Assembly Bill 703 (Rubio) - Open meetings: local agencies:
teleconferences; and/or,
D) Approve a City position of Watch on Senate Bill 6 (Caballero) - Local planning: housing:
commercial zones.
Alternative Action(s):
Do not approve one or more recommended legislative positions and direct staff accordingly.
City of Huntington Beach Printed on 3/31/2021Page 1 of 3
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File #:21-277 MEETING DATE:4/5/2021
Analysis:
On March 17, 2021, the IRC is recommending positions on State legislation, which are being
presented to the City Council for approval:
1. OPPOSE - AB 339 (Lee) - State and local government: open meetings
This bill would allow for continued remote participation in local hearings and meetings.
However, it would require all meetings to include a call-in option and an internet-based service
option with extensive closed captioning services. This bill would also require legislative bodies
to translate all agendas and instructions for accessing the meeting into languages for which
5% of the population in the area governed by the local agency are speakers. Lastly, the bill
would require local agencies to provide in-person translation services for the aforementioned
languages. At this time, the bill does not account for how local agencies will implement and
fund these extensive technological and staffing requirements.
2. SUPPORT - AB 361 (Rivas) - Open meetings: local agencies: teleconferences
This bill codifies the Governor’s executive orders (N-25-20, N-29-20, N-35-20) that permit local
city councils, boards, commissions, and other agencies to meet remotely via video and
teleconference during a declared emergency. To do so, local agencies must meet subsequent
or concurrent to a proclaimed state of emergency or declared local emergency, and declare
that the nature of the emergency would prevent them from safely meeting in person. This
would allow agencies to continue operating while also complying with the emergency
directives.
3. SUPPORT - AB 703 (Rubio) - Open meetings: local agencies: teleconferences
Current law limits teleconference meetings to “teleconference locations” which do not reflect
the modernization of virtual meetings that can be held in nearly any location with a computer
or mobile device. As such, AB 703 would eliminate the concept of “teleconference locations”
and allow local agencies greater flexibility when hosting virtual meetings. The bill would also
improve and enhance public access to local meetings and would be consistent with the digital
age and the Governor’s current executive orders.
4. WATCH - SB 6 (Caballero) - Local planning: housing: commercial zones
This bill is a re-introduction of SB 1385 from the previous year. It establishes a housing
development project as an authorized use on a neighborhood lot, which is defined as a lot
zoned for office or retail commercial use under a local agency’s zoning code or general plan.
SB 6 allows a local agency to exempt a lot zoned for commercial retail or office use from the
bill if the local agency concurrently reallocates the lost residential density to other lots so that
there is no net loss in residential production capacity. The density for the housing
development must meet or exceed the applicable density deemed appropriate to
accommodate housing for lower income households under housing element law. The housing
development is subject to local zoning, parking, design, and other ordinances, and must
comply with any design review or other procedural requirements imposed by the local
government. The IRC chose to take a Watch position and has asked TPA to present a
collective review of all current housing bills at the April 2021 IRC meeting, before the IRC
elects to take a position on any of them.
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File #:21-277 MEETING DATE:4/5/2021
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. AB 339 (Lee)
2. AB 361 (Rivas)
3. AB 703 (Rubio)
4. SB 6 (Caballero)
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 339
Introduced by Assembly Members Lee and Cristina Garcia
January 28, 2021
An act to amend Sections 9027, 54953, 54954.2, 54954.3, 11122.5,
11123, 11125.7 of, and to add Sections 9027.1 and 9028.1 to, the
Government Code, relating to state and local government.
legislative counsel’s digest
AB 339, as introduced, Lee. State and local government: open
meetings.
Existing law requires all meetings, as defined, of a house of the
Legislature or a committee thereof to be open and public, and requires
all persons to be permitted to attend the meetings, except as specified.
This bill would require all meetings, including gatherings using
teleconference technology, to include an opportunity for all persons to
attend via a call-in option or an internet-based service option that
provides closed captioning services and requires both a call-in and an
internet-based service option to be provided to the public. The bill would
require all meetings to provide the public with an opportunity to
comment on proposed legislation, as provided, and requires translation
services to be provided for the 10 most-spoken languages, other than
English, in California, and would require those persons commenting in
a language other than English to have double the amount of time as
those giving a comment in English, if time restrictions on public
comment are utilized, except as specified. The bill would require
instructions on how to attend the meeting to be posted at the time notice
of the meeting is publicized, as specified.
99 46
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate.
This bill would require all meetings to include an opportunity for all
persons to attend via a call-in option or an internet-based service option
that provides closed captioning services and requires both a call-in and
an internet-based service option to be provided to the public. The bill
would require, even in the case of a declared state or local emergency,
teleconferenced meetings to include an in-person public comment
opportunity. The bill would require all meetings to provide the public
with an opportunity to address the legislative body remotely via call-in
or internet-based service, as provided, and would require instructions
on how to attend the meeting to be posted at the time notice of the
meeting is publicized, as specified. The bill would also require the
legislative bodies of the local agency to employ a sufficient amount of
qualified bilingual persons to provide translation during the meeting in
the language of a non-English-speaking person, in jurisdictions which
govern a substantial number of non-English-speaking people, as defined.
Existing law, the Bagley-Keene Open Meeting Act, requires, with
specified exceptions, that all meetings of a state body be open and public
and all persons be permitted to attend any meeting of a state body. The
Act requires at least one member of the state body to be physically
present at the location specified in the notice of the meeting.
This bill would require all meetings, as defined, to include an
opportunity for all persons to attend via a call-in option or an
internet-based service option that provides closed captioning services
and requires both a call-in and an internet-based service option to be
provided to the public. The bill would require instructions on how to
attend the meeting via call-in or internet-based service to be posted
online along with the meeting agenda in an easily accessible location
at least 72 hours before all regular meetings and at least 24 hours before
all special meetings. The bill would require all meetings to provide the
public with an opportunity to address the legislative body remotely via
call-in or internet-based service, as provided, and would require those
persons commenting in a language other than English to have double
the amount of time as those giving a comment in English, if time
restrictions on public comment are utilized, except as specified.
Existing law, the Dymally-Alatorre Bilingual Services Act, requires
any materials explaining services available to the public to be translated
99
— 2 — AB 339 47
into any non-English language spoken by a substantial number of the
public, as defined, served by the agency, and requires every state and
local agency serving a substantial number of non-English-speaking
people, as defined, to employ a sufficient number of qualified bilingual
persons in public contact positions or as interpreters to ensure provision
of information and services in the language of the non-English-speaking
person.
This bill would require legislative bodies of local agencies, and state
bodies, as defined, to translate agendas and instructions for accessing
the meeting to be translated into all languages for which 5% of the
population in the area governed by the local agency, or state body’s
jurisdiction, are speakers.
By imposing new duties on local governments with respect to
meetings, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 9027 of the Government Code is amended
line 2 to read:
line 3 9027. Except as otherwise provided in this article, all meetings
line 4 of a house of the Legislature or a committee thereof shall be open
line 5 and public, and all persons shall be permitted to attend the
line 6 meetings. Additionally, all meetings shall include an opportunity
line 7 for all persons to attend via a call-in option or an internet-based
line 8 service option that provides closed captioning services. Both a
line 9 call-in and an internet-based service option shall be provided to
99
AB 339 — 3 — 48
line 1 the public. As used in this article, “meeting” means a gathering of
line 2 a quorum of the members of a house or committee in one place
line 3 place, including a gathering using teleconference technology, for
line 4 the purpose of discussing legislative or other official matters within
line 5 the jurisdiction of the house or committee. As used in this article,
line 6 “committee” includes a standing committee, joint committee,
line 7 conference committee, subcommittee, select committee, special
line 8 committee, research committee, or any similar body.
line 9 SEC. 2. Section 9027.1 is added to the Government Code, to
line 10 read:
line 11 9027.1. All meetings shall provide the public with an
line 12 opportunity to comment on proposed legislation, either in person
line 13 or remotely via call-in or internet-based service, consistent with
line 14 requirements in Section 9027. Persons commenting in person shall
line 15 not have more time or in any other way be prioritized over persons
line 16 commenting remotely via call-in or internet-based service.
line 17 Translation services shall be provided for the 10 most-spoken
line 18 languages, other than English, in California. If there are time
line 19 restrictions on public comment, persons giving a public comment
line 20 in a language other than English shall have double the amount of
line 21 time as those giving a comment in English to allow for translation,
line 22 unless simultaneous translation equipment is available.
line 23 SEC. 3. Section 9028.1 is added to the Government Code, to
line 24 read:
line 25 9028.1. Instructions on how to attend the meeting via call-in
line 26 or internet-based service shall be posted online in an easily
line 27 accessible location at the time the meeting is scheduled and notice
line 28 of the meeting is published. The posted instructions shall include
line 29 translations into the 10 most-spoken languages, other than English,
line 30 in California, and shall list a hotline that members of the public
line 31 can call for assistance, with assistance in the 10 most-spoken
line 32 languages provided.
line 33 SEC. 4. Section 54953 of the Government Code is amended
line 34 to read:
line 35 54953. (a) All meetings of the legislative body of a local
line 36 agency shall be open and public, and all persons shall be permitted
line 37 to attend any meeting of the legislative body of a local agency,
line 38 except as otherwise provided in this chapter. Additionally, all
line 39 meetings shall include an opportunity for all persons to attend via
line 40 a call-in option or an internet-based service option that provides
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line 1 closed-captioning services. Both a call-in and an internet-based
line 2 service option shall be provided to the public.
line 3 (b) (1) Notwithstanding any other provision of law, the
line 4 legislative body of a local agency may use teleconferencing for
line 5 the benefit of the public and the legislative body of a local agency
line 6 in connection with any meeting or proceeding authorized by law.
line 7 The teleconferenced meeting or proceeding shall comply with all
line 8 requirements of this chapter and all otherwise applicable provisions
line 9 of law relating to a specific type of meeting or proceeding.
line 10 (2) Teleconferencing, as authorized by this section, may be used
line 11 by members of the legislative body for all purposes in connection
line 12 with any meeting within the subject matter jurisdiction of the
line 13 legislative body. All votes taken during a teleconferenced meeting
line 14 shall be by rollcall.
line 15 (3) If the legislative body of a local agency elects to use
line 16 teleconferencing, other than what is required by subdivision (a),
line 17 it shall post agendas at all teleconference locations and conduct
line 18 teleconference meetings in a manner that protects the statutory
line 19 and constitutional rights of the parties or the public appearing
line 20 before the legislative body of a local agency. Each teleconference
line 21 location shall be identified in the notice and agenda of the meeting
line 22 or proceeding, and each teleconference location shall be accessible
line 23 to the public. During the teleconference, at least a quorum of the
line 24 members of the legislative body shall participate from locations
line 25 within the boundaries of the territory over which the local agency
line 26 exercises jurisdiction, except as provided in subdivision (d). The
line 27 agenda shall provide an opportunity for members of the public to
line 28 address the legislative body directly pursuant to Section 54954.3
line 29 at each teleconference location.
line 30 (4) For the purposes of this section, “teleconference” means a
line 31 meeting of a legislative body, the members of which are in different
line 32 locations, connected by electronic means, through either audio or
line 33 video, or both. Nothing in this section shall prohibit a local agency
line 34 from providing the public with additional teleconference locations.
line 35 (5) Notwithstanding any laws that prohibit in-person government
line 36 meetings in the case of a declared state of emergency, including
line 37 a public health emergency, teleconferenced meetings shall include
line 38 an in-person public comment opportunity, wherein members of
line 39 the public can report to a designated site to give public comment
line 40 in person.
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AB 339 — 5 — 50
line 1 (c) (1) No legislative body shall take action by secret ballot,
line 2 whether preliminary or final.
line 3 (2) The legislative body of a local agency shall publicly report
line 4 any action taken and the vote or abstention on that action of each
line 5 member present for the action.
line 6 (3) Prior to taking final action, the legislative body shall orally
line 7 report a summary of a recommendation for a final action on the
line 8 salaries, salary schedules, or compensation paid in the form of
line 9 fringe benefits of a local agency executive, as defined in
line 10 subdivision (d) of Section 3511.1, during the open meeting in
line 11 which the final action is to be taken. This paragraph shall not affect
line 12 the public’s right under the California Public Records Act (Chapter
line 13 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 14 inspect or copy records created or received in the process of
line 15 developing the recommendation.
line 16 (d) (1) Notwithstanding the provisions relating to a quorum in
line 17 paragraph (3) of subdivision (b), if a health authority conducts a
line 18 teleconference meeting, members who are outside the jurisdiction
line 19 of the authority may be counted toward the establishment of a
line 20 quorum when participating in the teleconference if at least 50
line 21 percent of the number of members that would establish a quorum
line 22 are present within the boundaries of the territory over which the
line 23 authority exercises jurisdiction, and the health authority provides
line 24 a teleconference number, and associated access codes, if any, that
line 25 allows any person to call in to participate in the meeting and the
line 26 number and access codes are identified in the notice and agenda
line 27 of the meeting.
line 28 (2) Nothing in this subdivision shall be construed as
line 29 discouraging health authority members from regularly meeting at
line 30 a common physical site within the jurisdiction of the authority or
line 31 from using teleconference locations within or near the jurisdiction
line 32 of the authority. A teleconference meeting for which a quorum is
line 33 established pursuant to this subdivision shall be subject to all other
line 34 requirements of this section.
line 35 (3) For purposes of this subdivision, a health authority means
line 36 any entity created pursuant to Sections 14018.7, 14087.31,
line 37 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 38 and Institutions Code, any joint powers authority created pursuant
line 39 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 40 Division 7 for the purpose of contracting pursuant to Section
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line 1 14087.3 of the Welfare and Institutions Code, and any advisory
line 2 committee to a county sponsored health plan licensed pursuant to
line 3 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 4 Health and Safety Code if the advisory committee has 12 or more
line 5 members.
line 6 SEC. 5. Section 54954.2 of the Government Code is amended
line 7 to read:
line 8 54954.2. (a) (1) At least 72 hours before a regular meeting,
line 9 the legislative body of the local agency, or its designee, shall post
line 10 an agenda containing a brief general description of each item of
line 11 business to be transacted or discussed at the meeting, including
line 12 items to be discussed in closed session. A brief general description
line 13 of an item generally need not exceed 20 words. The agenda shall
line 14 specify the time and location of the regular meeting and shall be
line 15 posted in a location that is freely accessible to members of the
line 16 public and on the local agency’s Internet Web site, internet website,
line 17 if the local agency has one. If requested, the agenda shall be made
line 18 available in appropriate alternative formats to persons with a
line 19 disability, as required by Section 202 of the Americans with
line 20 Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
line 21 rules and regulations adopted in implementation thereof. The
line 22 agenda shall include information regarding how, to whom, and
line 23 when a request for disability-related modification or
line 24 accommodation, including auxiliary aids or services, may be made
line 25 by a person with a disability who requires a modification or
line 26 accommodation in order to participate in the public meeting. In
line 27 compliance with the Dymally-Alatorre Bilingual Services Act
line 28 (Chapter 17.5 (commencing with Section 7290) of Division 7 of
line 29 Title 1), agendas and instructions for accessing the meeting,
line 30 whether teleconferenced or in person, shall be translated into all
line 31 languages for which 5 percent of the population in the area
line 32 governed by the local agency is a speaker.
line 33 (2) For a meeting occurring on and after January 1, 2019, of a
line 34 legislative body of a city, county, city and county, special district,
line 35 school district, or political subdivision established by the state that
line 36 has an Internet Web site, internet website, the following provisions
line 37 shall apply:
line 38 (A) An online posting of an agenda shall be posted on the
line 39 primary Internet Web site internet website homepage of a city,
line 40 county, city and county, special district, school district, or political
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AB 339 — 7 — 52
line 1 subdivision established by the state that is accessible through a
line 2 prominent, direct link to the current agenda. The direct link to the
line 3 agenda shall not be in a contextual menu; however, a link in
line 4 addition to the direct link to the agenda may be accessible through
line 5 a contextual menu.
line 6 (B) An online posting of an agenda including, but not limited
line 7 to, an agenda posted in an integrated agenda management platform,
line 8 shall be posted in an open format that meets all of the following
line 9 requirements:
line 10 (i) Retrievable, downloadable, indexable, and electronically
line 11 searchable by commonly used Internet search applications.
line 12 (ii) Platform independent and machine readable.
line 13 (iii) Available to the public free of charge and without any
line 14 restriction that would impede the reuse or redistribution of the
line 15 agenda.
line 16 (C) A legislative body of a city, county, city and county, special
line 17 district, school district, or political subdivision established by the
line 18 state that has an Internet Web site internet website and an integrated
line 19 agenda management platform shall not be required to comply with
line 20 subparagraph (A) if all of the following are met:
line 21 (i) A direct link to the integrated agenda management platform
line 22 shall be posted on the primary Internet Web site internet website
line 23 homepage of a city, county, city and county, special district, school
line 24 district, or political subdivision established by the state. The direct
line 25 link to the integrated agenda management platform shall not be in
line 26 a contextual menu. When a person clicks on the direct link to the
line 27 integrated agenda management platform, the direct link shall take
line 28 the person directly to an Internet Web site internet website with
line 29 the agendas of the legislative body of a city, county, city and
line 30 county, special district, school district, or political subdivision
line 31 established by the state.
line 32 (ii) The integrated agenda management platform may contain
line 33 the prior agendas of a legislative body of a city, county, city and
line 34 county, special district, school district, or political subdivision
line 35 established by the state for all meetings occurring on or after
line 36 January 1, 2019.
line 37 (iii) The current agenda of the legislative body of a city, county,
line 38 city and county, special district, school district, or political
line 39 subdivision established by the state shall be the first agenda
line 40 available at the top of the integrated agenda management platform.
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line 1 (iv) All agendas posted in the integrated agenda management
line 2 platform shall comply with the requirements in clauses (i), (ii),
line 3 and (iii) of subparagraph (B).
line 4 (D) For the purposes of this paragraph, both of the following
line 5 definitions shall apply:
line 6 (i) “Integrated agenda management platform” means an Internet
line 7 Web site internet website of a city, county, city and county, special
line 8 district, school district, or political subdivision established by the
line 9 state dedicated to providing the entirety of the agenda information
line 10 for the legislative body of the city, county, city and county, special
line 11 district, school district, or political subdivision established by the
line 12 state to the public.
line 13 (ii) “Legislative body” has the same meaning as that term is
line 14 used in subdivision (a) of Section 54952.
line 15 (E) The provisions of this paragraph shall not apply to a political
line 16 subdivision of a local agency that was established by the legislative
line 17 body of the city, county, city and county, special district, school
line 18 district, or political subdivision established by the state.
line 19 (3) No action or discussion shall be undertaken on any item not
line 20 appearing on the posted agenda, except that members of a
line 21 legislative body or its staff may briefly respond to statements made
line 22 or questions posed by persons exercising their public testimony
line 23 rights under Section 54954.3. In addition, on their own initiative
line 24 or in response to questions posed by the public, a member of a
line 25 legislative body or its staff may ask a question for clarification,
line 26 make a brief announcement, or make a brief report on his or her
line 27 the member’s own activities. Furthermore, a member of a
line 28 legislative body, or the body itself, subject to rules or procedures
line 29 of the legislative body, may provide a reference to staff or other
line 30 resources for factual information, request staff to report back to
line 31 the body at a subsequent meeting concerning any matter, or take
line 32 action to direct staff to place a matter of business on a future
line 33 agenda.
line 34 (b) Notwithstanding subdivision (a), the legislative body may
line 35 take action on items of business not appearing on the posted agenda
line 36 under any of the conditions stated below. Prior to discussing any
line 37 item pursuant to this subdivision, the legislative body shall publicly
line 38 identify the item.
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AB 339 — 9 — 54
line 1 (1) Upon a determination by a majority vote of the legislative
line 2 body that an emergency situation exists, as defined in Section
line 3 54956.5.
line 4 (2) Upon a determination by a two-thirds vote of the members
line 5 of the legislative body present at the meeting, or, if less than
line 6 two-thirds of the members are present, a unanimous vote of those
line 7 members present, that there is a need to take immediate action and
line 8 that the need for action came to the attention of the local agency
line 9 subsequent to the agenda being posted as specified in subdivision
line 10 (a).
line 11 (3) The item was posted pursuant to subdivision (a) for a prior
line 12 meeting of the legislative body occurring not more than five
line 13 calendar days prior to the date action is taken on the item, and at
line 14 the prior meeting the item was continued to the meeting at which
line 15 action is being taken.
line 16 (c) This section is necessary to implement and reasonably within
line 17 the scope of paragraph (1) of subdivision (b) of Section 3 of Article
line 18 I of the California Constitution.
line 19 (d) For purposes of subdivision (a), the requirement that the
line 20 agenda be posted on the local agency’s Internet Web site, internet
line 21 website, if the local agency has one, shall only apply to a legislative
line 22 body that meets either of the following standards:
line 23 (1) A legislative body as that term is defined by subdivision (a)
line 24 of Section 54952.
line 25 (2) A legislative body as that term is defined by subdivision (b)
line 26 of Section 54952, if the members of the legislative body are
line 27 compensated for their appearance, and if one or more of the
line 28 members of the legislative body are also members of a legislative
line 29 body as that term is defined by subdivision (a) of Section 54952.
line 30 SEC. 6. Section 54954.3 of the Government Code is amended
line 31 to read:
line 32 54954.3. (a) Every agenda for regular meetings shall provide
line 33 an opportunity for members of the public to directly address the
line 34 legislative body on any item of interest to the public, before or
line 35 during the legislative body’s consideration of the item, that is
line 36 within the subject matter jurisdiction of the legislative body,
line 37 provided that no action shall be taken on any item not appearing
line 38 on the agenda unless the action is otherwise authorized by
line 39 subdivision (b) of Section 54954.2. All meetings must also provide
line 40 the public with an opportunity to address the legislative body
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line 1 remotely via call-in and internet-based service, consistent with
line 2 requirements in Section 54953. Persons commenting in person
line 3 shall not have more time or in any other way be prioritized over
line 4 persons commenting remotely via call-in or internet-based service.
line 5 Instructions on how to attend the meeting via call-in or
line 6 internet-based service shall be posted online along with the meeting
line 7 agenda in an easily accessible location. However, the agenda need
line 8 not provide an opportunity for members of the public to address
line 9 the legislative body on any item that has already been considered
line 10 by a committee, composed exclusively of members of the
line 11 legislative body, at a public meeting wherein all interested members
line 12 of the public were afforded the opportunity to address the
line 13 committee on the item, before or during the committee’s
line 14 consideration of the item, unless the item has been substantially
line 15 changed since the committee heard the item, as determined by the
line 16 legislative body. Every notice for a special meeting shall provide
line 17 an opportunity for members of the public to directly address the
line 18 legislative body concerning any item that has been described in
line 19 the notice for the meeting before or during consideration of that
line 20 item.
line 21 (b) (1) The legislative body of a local agency may adopt
line 22 reasonable regulations to ensure that the intent of subdivision (a)
line 23 is carried out, including, but not limited to, regulations limiting
line 24 the total amount of time allocated for public testimony on particular
line 25 issues and for each individual speaker.
line 26 (2) Notwithstanding paragraph (1), when the legislative body
line 27 of a local agency limits time for public comment, the legislative
line 28 body of a local agency shall provide at least twice the allotted time
line 29 to a member of the public who utilizes a translator to ensure that
line 30 non-English speakers receive the same opportunity to directly
line 31 address the legislative body of a local agency.
line 32 (3) Paragraph (2) shall not apply if the legislative body of a
line 33 local agency utilizes simultaneous translation equipment in a
line 34 manner that allows the legislative body of a local agency to hear
line 35 the translated public testimony simultaneously.
line 36 (c) The legislative body of a local agency shall not prohibit
line 37 public criticism of the policies, procedures, programs, or services
line 38 of the agency, or of the acts or omissions of the legislative body.
line 39 Nothing in this subdivision shall confer any privilege or protection
line 40 for expression beyond that otherwise provided by law.
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AB 339 — 11 — 56
line 1 (d) Legislative bodies of local agencies shall employ a sufficient
line 2 amount of qualified bilingual persons to provide translation during
line 3 the meeting in the language of the non-English-speaking person,
line 4 in jurisdictions which govern a substantial number of
line 5 non-English-speaking people. “Non-English-speaking people” is
line 6 defined as members of a group who either do not speak English,
line 7 or who are unable to effectively communicate in English because
line 8 it is not their native language, and who comprise 5 percent or
line 9 more of the people served by the statewide or any local office or
line 10 facility of a state agency.
line 11 SEC. 7. Section 11122.5 of the Government Code is amended
line 12 to read:
line 13 11122.5. (a) As used in this article, “meeting” includes any
line 14 congregation of a majority of the members of a state body body,
line 15 including a virtual congregation using teleconference technology,
line 16 at the same time and place to hear, discuss, or deliberate upon any
line 17 item that is within the subject matter jurisdiction of the state body
line 18 to which it pertains.
line 19 (b) (1) A majority of the members of a state body shall not,
line 20 outside of a meeting authorized by this chapter, use a series of
line 21 communications of any kind, directly or through intermediaries,
line 22 to discuss, deliberate, or take action on any item of business that
line 23 is within the subject matter of the state body.
line 24 (2) Paragraph (1) shall not be construed to prevent an employee
line 25 or official of a state agency from engaging in separate
line 26 conversations or communications outside of a meeting authorized
line 27 by this chapter with members of a legislative body in order to
line 28 answer questions or provide information regarding a matter that
line 29 is within the subject matter jurisdiction of the state agency, if that
line 30 person does not communicate to members of the legislative body
line 31 the comments or position of any other member or members of the
line 32 legislative body.
line 33 (c) The prohibitions of this article do not apply to any of the
line 34 following:
line 35 (1) Individual contacts or conversations between a member of
line 36 a state body and any other person that do not violate subdivision
line 37 (b).
line 38 (2) (A) The attendance of a majority of the members of a state
line 39 body at a conference or similar gathering open to the public that
line 40 involves a discussion of issues of general interest to the public or
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line 1 to public agencies of the type represented by the state body, if a
line 2 majority of the members do not discuss among themselves, other
line 3 than as part of the scheduled program, business of a specified
line 4 nature that is within the subject matter jurisdiction of the state
line 5 body.
line 6 (B) Subparagraph (A) does not allow members of the public
line 7 free admission to a conference or similar gathering at which the
line 8 organizers have required other participants or registrants to pay
line 9 fees or charges as a condition of attendance.
line 10 (3) The attendance of a majority of the members of a state body
line 11 at an open and publicized meeting organized to address a topic of
line 12 state concern by a person or organization other than the state body,
line 13 if a majority of the members do not discuss among themselves,
line 14 other than as part of the scheduled program, business of a specific
line 15 nature that is within the subject matter jurisdiction of the state
line 16 body.
line 17 (4) The attendance of a majority of the members of a state body
line 18 at an open and noticed meeting of another state body or of a
line 19 legislative body of a local agency as defined by Section 54951, if
line 20 a majority of the members do not discuss among themselves, other
line 21 than as part of the scheduled meeting, business of a specific nature
line 22 that is within the subject matter jurisdiction of the other state body.
line 23 (5) The attendance of a majority of the members of a state body
line 24 at a purely social or ceremonial occasion, if a majority of the
line 25 members do not discuss among themselves business of a specific
line 26 nature that is within the subject matter jurisdiction of the state
line 27 body.
line 28 (6) The attendance of a majority of the members of a state body
line 29 at an open and noticed meeting of a standing committee of that
line 30 body, if the members of the state body who are not members of
line 31 the standing committee attend only as observers.
line 32 SEC. 8. Section 11123 of the Government Code is amended
line 33 to read:
line 34 11123. (a) All meetings of a state body shall be open and
line 35 public and all persons shall be permitted to attend any meeting of
line 36 a state body except as otherwise provided in this article.
line 37 Additionally, all meetings shall include an opportunity for all
line 38 persons to attend via a call-in option or an internet-based service
line 39 option that provides closed captioning services. Both a call-in and
line 40 an internet-based service option shall be provided to the public.
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AB 339 — 13 — 58
line 1 (b) (1) This article does not prohibit a state body from holding
line 2 an open or closed meeting by teleconference for the benefit of the
line 3 public and state body. The meeting or proceeding held by
line 4 teleconference shall otherwise comply with all applicable
line 5 requirements or laws relating to a specific type of meeting or
line 6 proceeding, including the following:
line 7 (A) The teleconferencing meeting shall comply with all
line 8 requirements of this article applicable to other meetings.
line 9 (B) The portion of the teleconferenced meeting that is required
line 10 to be open to the public shall be audible to the public at the location
line 11 specified in the notice of the meeting.
line 12 (C) If the state body elects to conduct a meeting or proceeding
line 13 by teleconference, other than what is required by subdivision (a)
line 14 and such that all members of the body that are present at the
line 15 meeting are teleconferencing into the meeting, it shall post agendas
line 16 at all teleconference locations and conduct teleconference meetings
line 17 in a manner that protects the rights of any party or member of the
line 18 public appearing before the state body. Each teleconference
line 19 location shall be identified in the notice and agenda of the meeting
line 20 or proceeding, and each teleconference location shall be accessible
line 21 to the public. The agenda shall provide an opportunity for members
line 22 of the public to address the state body directly pursuant to Section
line 23 11125.7 at each teleconference location.
line 24 (D) All votes taken during a teleconferenced meeting shall be
line 25 by rollcall.
line 26 (E) The portion of the teleconferenced meeting that is closed
line 27 to the public may not include the consideration of any agenda item
line 28 being heard pursuant to Section 11125.5.
line 29 (F) At least one member of the state body shall be physically
line 30 present at the location specified in the notice of the meeting.
line 31 meeting to ensure that members of the public are able to give
line 32 public comment in person. This location must be publicly accessible
line 33 and able to accommodate a reasonable amount of people, given
line 34 the circumstances.
line 35 (2) For the purposes of this subdivision, “teleconference” means
line 36 a meeting of a state body, the members of which are at different
line 37 locations, connected by electronic means, through either audio or
line 38 both audio and video. This While this section requires that both
line 39 an call-in and internet-based service are available to the public
line 40 to join all open meetings that are held in-person, this section does
99
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line 1 not prohibit a state body from providing members of the public
line 2 with additional locations in or opportunities by which the public
line 3 may observe or address the state body by electronic means, through
line 4 either audio or both audio and video.
line 5 (c) Instructions on how to attend the meeting via call-in or
line 6 internet-based service shall be posted online along with the meeting
line 7 agenda in an easily accessible location at least 72 hours before
line 8 all regular meetings and at least 24 hours before all special
line 9 meetings. In compliance with the Dymally-Alatorre Bilingual
line 10 Services Act(Chapter 17.5 (commencing with Section 7290) of
line 11 Division 7 of Title 1), the posted instructions shall also be
line 12 translated into all languages of which 5 percent of the population
line 13 of the state body’s jurisdiction speaks.
line 14 (c)
line 15 (d) The state body shall publicly report any action taken and
line 16 the vote or abstention on that action of each member present for
line 17 the action.
line 18 SEC. 9. Section 11125.7 of the Government Code is amended
line 19 to read:
line 20 11125.7. (a) Except as otherwise provided in this section, the
line 21 state body shall provide an opportunity for members of the public
line 22 to directly address the state body on each agenda item before or
line 23 during the state body’s discussion or consideration of the item.
line 24 This section is not applicable if the agenda item has already been
line 25 considered by a committee composed exclusively of members of
line 26 the state body at a public meeting where interested members of
line 27 the public were afforded the opportunity to address the committee
line 28 on the item, before or during the committee’s consideration of the
line 29 item, unless the item has been substantially changed since the
line 30 committee heard the item, as determined by the state body. Every
line 31 notice for a special meeting at which action is proposed to be taken
line 32 on an item shall provide an opportunity for members of the public
line 33 to directly address the state body concerning that item prior to
line 34 action on the item. In addition, the notice requirement of Section
line 35 11125 shall not preclude the acceptance of testimony at meetings,
line 36 other than emergency meetings, from members of the public if no
line 37 action is taken by the state body at the same meeting on matters
line 38 brought before the body by members of the public.
line 39 (b) In compliance with subdivision (a) of Section 11123, public
line 40 comment shall be made available for those attending any meeting
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AB 339 — 15 — 60
line 1 via call-in or internet-based service option. Persons commenting
line 2 in person shall not have more time or in any other way be
line 3 prioritized over persons commenting remotely via call-in or
line 4 internet-based service.
line 5 (b)
line 6 (c) The state body may adopt reasonable regulations to ensure
line 7 that the intent of subdivision (a) is carried out, including, but not
line 8 limited to, regulations limiting the total amount of time allocated
line 9 for public comment on particular issues and for each individual
line 10 speaker.
line 11 (c)
line 12 (d) (1) Notwithstanding subdivision (b), when a state body
line 13 limits time for public comment the state body shall provide at least
line 14 twice the allotted time to a member of the public who utilizes a
line 15 translator to ensure that non-English speakers receive the same
line 16 opportunity to directly address the state body. In compliance with
line 17 the Dymally-Alatorre Bilingual Services Act (Chapter 17.5
line 18 (commencing with Section 7290) of Division 7 of Title 1),
line 19 translation services shall be provided for all languages of which
line 20 5 percent of the population of the state body’s jurisdiction speaks.
line 21 Should there be a limit on speaking time, persons commenting in
line 22 another language shall be given twice as much time as those
line 23 commenting in English in order to accommodate time for
line 24 translation services. This is not required when simultaneous
line 25 translation services are available.
line 26 (2) Paragraph (1) shall not apply if the state body utilizes
line 27 simultaneous translation equipment in a manner that allows the
line 28 state body to hear the translated public testimony simultaneously.
line 29 (d)
line 30 (e) The state body shall not prohibit public criticism of the
line 31 policies, programs, or services of the state body, or of the acts or
line 32 omissions of the state body. Nothing in this subdivision shall confer
line 33 any privilege or protection for expression beyond that otherwise
line 34 provided by law.
line 35 (e)
line 36 (f) This section is not applicable to closed sessions held pursuant
line 37 to Section 11126.
line 38 (f)
line 39 (g) This section is not applicable to decisions regarding
line 40 proceedings held pursuant to Chapter 5 (commencing with Section
99
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line 1 11500), relating to administrative adjudication, or to the conduct
line 2 of those proceedings.
line 3 (g)
line 4 (h) This section is not applicable to hearings conducted by the
line 5 California Victim Compensation Board pursuant to Sections 13963
line 6 and 13963.1.
line 7 (h)
line 8 (i) This section is not applicable to agenda items that involve
line 9 decisions of the Public Utilities Commission regarding adjudicatory
line 10 hearings held pursuant to Chapter 9 (commencing with Section
line 11 1701) of Part 1 of Division 1 of the Public Utilities Code. For all
line 12 other agenda items, the commission shall provide members of the
line 13 public, other than those who have already participated in the
line 14 proceedings underlying the agenda item, an opportunity to directly
line 15 address the commission before or during the commission’s
line 16 consideration of the item.
line 17 SEC. 10. No reimbursement is required by this act pursuant to
line 18 Section 6 of Article XIII B of the California Constitution because
line 19 the only costs that may be incurred by a local agency or school
line 20 district under this act would result from a legislative mandate that
line 21 is within the scope of paragraph (7) of subdivision (b) of Section
line 22 3 of Article I of the California Constitution.
line 23 SEC. 11. The Legislature finds and declares that Sections 4,
line 24 5, and 6 of this act, which amend Section 54953, 54954.2, and
line 25 54954.3 of the Government Code, further, within the meaning of
line 26 paragraph (7) of subdivision (b) of Section 3 of Article I of the
line 27 California Constitution, the purposes of that constitutional section
line 28 as it relates to the right of public access to the meetings of local
line 29 public bodies or the writings of local public officials and local
line 30 agencies. Pursuant to paragraph (7) of subdivision (b) of Section
line 31 3 of Article I of the California Constitution, the Legislature makes
line 32 the following findings:
line 33 The provisions of the act allow for greater public access through
line 34 requiring specified entities to provide a call-in and internet-based
line 35 service and instructions on how to access these options to the public
line 36 for specified meetings and allow for greater accommodations for
line 37 non-English speakers attending the meetings.
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99
AB 339 — 17 — 62
california legislature—2021–22 regular session
ASSEMBLY BILL No. 361
Introduced by Assembly Member Robert Rivas
February 1, 2021
An act to amend Section 54953 of the Government Code, relating to
local government.
legislative counsel’s digest
AB 361, as introduced, Robert Rivas. Open meetings: local agencies:
teleconferences.
Existing law, the Ralph M. Brown Act requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate. The act contains specified provisions
regarding the timelines for posting an agenda and providing for the
ability of the public to directly address the legislative body on any item
of interest to the public. The act generally requires all regular and special
meetings of the legislative body be held within the boundaries of the
territory over which the local agency exercises jurisdiction, subject to
certain exceptions. The act allows for meetings to occur via
teleconferencing subject to certain requirements, particularly that the
legislative body notice each teleconference location of each member
that will be participating in the public meeting, that each teleconference
location be accessible to the public, that members of the public be
allowed to address the legislative body at each teleconference location,
that the legislative body post an agenda at each teleconference location,
and that at least a quorum of the legislative body participate from
locations within the boundaries of the local agency’s jurisdiction. The
99 63
act provides an exemption to the jurisdictional requirement for health
authorities, as defined.
Existing law, the California Emergency Services Act, authorizes the
Governor, or the Director of Emergency Services when the governor
is inaccessible, to proclaim a state of emergency under specified
circumstances, and authorizes a specified legislative body or an official
designated to proclaim a local emergency. Existing law allows a local
health officer to declare a local public health emergency, which, after
7 days, must be ratified by the county board of supervisors, or city
council, as applicable, in order to remain in place.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s
requirements for teleconferencing during the COVID-19 pandemic
provided that notice and accessibility requirements are met, the public
members are allowed to observe and address the legislative body at the
meeting, and that a legislative body of a local agency has a procedure
for receiving and swiftly resolving requests for reasonable
accommodation for individuals with disabilities, as specified.
This bill would authorize a local agency to use teleconferencing
without complying with the teleconferencing requirements imposed by
the Ralph M. Brown Act when a legislative body of a local agency
holds a meeting for the purpose of declaring or ratifying a local
emergency, during a declared state or local emergency, as those terms
are defined, when state or local health officials have imposed or
recommended measures to promote social distancing, and during a
declared local emergency provided the legislative body makes certain
determinations by majority vote. The bill would require legislative
bodies that hold teleconferenced meetings under these abbreviated
teleconferencing procedures to give notice of the meeting and post
agendas, as described, to allow members of the public to access the
meeting and address the legislative body, to give notice of the means
by which members of the public may access the meeting and offer
public comment, as provided, to conduct the meeting in a manner that
protects the statutory and constitutional rights of the parties and the
public appearing before the legislative body.
This bill would declare the Legislature’s intent, consistent with the
Governor’s Executive Order No. N-29-20, to improve and enhance
public access to local agency meetings during the COVID-19 pandemic
and future emergencies by allowing broader access through
teleconferencing options.
99
— 2 — AB 361 64
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code is
line 2 amended to read:
line 3 54953. (a) All meetings of the legislative body of a local
line 4 agency shall be open and public, and all persons shall be permitted
line 5 to attend any meeting of the legislative body of a local agency,
line 6 except as otherwise provided in this chapter.
line 7 (b) (1) Notwithstanding any other provision of law, the
line 8 legislative body of a local agency may use teleconferencing for
line 9 the benefit of the public and the legislative body of a local agency
line 10 in connection with any meeting or proceeding authorized by law.
line 11 The teleconferenced meeting or proceeding shall comply with all
line 12 otherwise applicable requirements of this chapter and all otherwise
line 13 applicable provisions of law relating to a specific type of meeting
line 14 or proceeding.
line 15 (2) Teleconferencing, as authorized by this section, may be used
line 16 for all purposes in connection with any meeting within the subject
line 17 matter jurisdiction of the legislative body. All votes taken during
line 18 a teleconferenced meeting shall be by rollcall.
line 19 (3) If the legislative body of a local agency elects to use
line 20 teleconferencing, it shall post agendas at all teleconference
line 21 locations and conduct teleconference meetings in a manner that
line 22 protects the statutory and constitutional rights of the parties or the
line 23 public appearing before the legislative body of a local agency.
line 24 Each teleconference location shall be identified in the notice and
line 25 agenda of the meeting or proceeding, and each teleconference
line 26 location shall be accessible to the public. During the teleconference,
line 27 at least a quorum of the members of the legislative body shall
line 28 participate from locations within the boundaries of the territory
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AB 361 — 3 — 65
line 1 over which the local agency exercises jurisdiction, except as
line 2 provided in subdivision (d). subdivisions (d) and (e). The agenda
line 3 shall provide an opportunity for members of the public to address
line 4 the legislative body directly pursuant to Section 54954.3 at each
line 5 teleconference location.
line 6 (4) For the purposes of this section, “teleconference” means a
line 7 meeting of a legislative body, the members of which are in different
line 8 locations, connected by electronic means, through either audio or
line 9 video, or both. Nothing in this section shall prohibit a local agency
line 10 from providing the public with additional teleconference locations.
line 11 (c) (1) No legislative body shall take action by secret ballot,
line 12 whether preliminary or final.
line 13 (2) The legislative body of a local agency shall publicly report
line 14 any action taken and the vote or abstention on that action of each
line 15 member present for the action.
line 16 (3) Prior to taking final action, the legislative body shall orally
line 17 report a summary of a recommendation for a final action on the
line 18 salaries, salary schedules, or compensation paid in the form of
line 19 fringe benefits of a local agency executive, as defined in
line 20 subdivision (d) of Section 3511.1, during the open meeting in
line 21 which the final action is to be taken. This paragraph shall not affect
line 22 the public’s right under the California Public Records Act (Chapter
line 23 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 24 inspect or copy records created or received in the process of
line 25 developing the recommendation.
line 26 (d) (1) Notwithstanding the provisions relating to a quorum in
line 27 paragraph (3) of subdivision (b), if a health authority conducts a
line 28 teleconference meeting, members who are outside the jurisdiction
line 29 of the authority may be counted toward the establishment of a
line 30 quorum when participating in the teleconference if at least 50
line 31 percent of the number of members that would establish a quorum
line 32 are present within the boundaries of the territory over which the
line 33 authority exercises jurisdiction, and the health authority provides
line 34 a teleconference number, and associated access codes, if any, that
line 35 allows any person to call in to participate in the meeting and the
line 36 number and access codes are identified in the notice and agenda
line 37 of the meeting.
line 38 (2) Nothing in this subdivision shall be construed as
line 39 discouraging health authority members from regularly meeting at
line 40 a common physical site within the jurisdiction of the authority or
99
— 4 — AB 361 66
line 1 from using teleconference locations within or near the jurisdiction
line 2 of the authority. A teleconference meeting for which a quorum is
line 3 established pursuant to this subdivision shall be subject to all other
line 4 requirements of this section.
line 5 (3) For purposes of this subdivision, a health authority means
line 6 any entity created pursuant to Sections 14018.7, 14087.31,
line 7 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 8 and Institutions Code, any joint powers authority created pursuant
line 9 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 10 Division 7 for the purpose of contracting pursuant to Section
line 11 14087.3 of the Welfare and Institutions Code, and any advisory
line 12 committee to a county sponsored health plan licensed pursuant to
line 13 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 14 Health and Safety Code if the advisory committee has 12 or more
line 15 members.
line 16 (e) (1) A local agency may use teleconferencing without
line 17 complying with the requirements of paragraph (3) of subdivision
line 18 (b) if the legislative body complies with the requirements of
line 19 paragraph (2) of this subdivision in any of the following
line 20 circumstances:
line 21 (A) The legislative body holds a meeting for the purpose of
line 22 proclaiming or ratifying a local emergency.
line 23 (B) The legislative body holds a meeting during a proclaimed
line 24 state of emergency or declared local emergency, and state or local
line 25 officials have imposed or recommended measures to promote
line 26 social distancing.
line 27 (C) The legislative body holds a meeting during a declared local
line 28 emergency and the legislative body determines by majority vote
line 29 that, as a result of the emergency, the attendance of one or more
line 30 members of the legislative body in person is hindered, or meeting
line 31 in person would present risks to the health or safety of attendees.
line 32 (2) A legislative body that holds a meeting pursuant to this
line 33 subdivision shall do all of the following:
line 34 (A) The legislative body shall give notice of the meeting and
line 35 post agendas as otherwise required by this chapter.
line 36 (B) The legislative body shall allow members of the public to
line 37 access the meeting and the agenda shall provide an opportunity
line 38 for members of the public to address the legislative body directly
line 39 pursuant to Section 54954.3. In each instance in which notice of
line 40 the time of the teleconferenced meeting is otherwise given or the
99
AB 361 — 5 — 67
line 1 agenda for the meeting is otherwise posted, the legislative body
line 2 shall also give notice of the means by which members of the public
line 3 may access the meeting and offer public comment. This
line 4 subparagraph shall not be construed to require the legislative
line 5 body to provide a physical location from which the public may
line 6 attend or comment.
line 7 (C) The legislative body shall conduct teleconference meetings
line 8 in a manner that protects the statutory and constitutional rights
line 9 of the parties and the public appearing before the legislative body
line 10 of a local agency.
line 11 (3) For the purposes of this subdivision, the following definitions
line 12 shall apply:
line 13 (A) “State of emergency” means a state of emergency
line 14 proclaimed pursuant to Section 8625 of the California Emergency
line 15 Services Act (Article 14 (commencing with Section 8550) of
line 16 Chapter 7 of Division of Title 2.
line 17 (B) “Local emergency” means an emergency proclaimed
line 18 pursuant to Section 8630 of the California Emergency Services
line 19 Act (Article 14 (commencing with Section 8550) of Chapter 7 of
line 20 Division 1 of Title 2 as a result of conditions existing in all or a
line 21 portion of the jurisdiction of the local agency. Local emergency
line 22 refers only to local emergencies in the jurisdiction in which the
line 23 legislative body is located.
line 24 SEC. 2. It is the intent of the Legislature in enacting this act
line 25 to improve and enhance public access to local agency meetings
line 26 during the COVID-19 pandemic and future applicable emergencies,
line 27 by allowing broader access through teleconferencing options
line 28 consistent with the Governor’s Executive Order No. N-29-20 dated
line 29 March 17, 2020, permitting expanded use of teleconferencing
line 30 during the COVID-19 pandemic.
line 31 SEC. 3. The Legislature finds and declares that Section 1 of
line 32 this act, which amends Section 54953 of the Government Code,
line 33 furthers, within the meaning of paragraph (7) of subdivision (b)
line 34 of Section 3 of Article I of the California Constitution, the purposes
line 35 of that constitutional section as it relates to the right of public
line 36 access to the meetings of local public bodies or the writings of
line 37 local public officials and local agencies. Pursuant to paragraph (7)
line 38 of subdivision (b) of Section 3 of Article I of the California
line 39 Constitution, the Legislature makes the following findings:
99
— 6 — AB 361 68
line 1 This act is necessary to ensure minimum standards for public
line 2 participation and notice requirements allowing for greater public
line 3 participation in teleconference meetings during applicable
line 4 emergencies.
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99
AB 361 — 7 — 69
california legislature—2021–22 regular session
ASSEMBLY BILL No. 703
Introduced by Assembly Member Blanca Rubio
February 16, 2021
An act to amend Section 54953 of the Government Code, relating to
local government.
legislative counsel’s digest
AB 703, as introduced, Blanca Rubio. Open meetings: local agencies:
teleconferences.
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate. The act contains specified provisions
regarding the timelines for posting an agenda and providing for the
ability of the public to observe and provide comment. The act allows
for meetings to occur via teleconferencing subject to certain
requirements, particularly that the legislative body notice each
teleconference location of each member that will be participating in the
public meeting, that each teleconference location be accessible to the
public, that members of the public be allowed to address the legislative
body at each teleconference location, that the legislative body post an
agenda at each teleconference location, and that at least a quorum of
the legislative body participate from locations within the boundaries of
the local agency’s jurisdiction. The act provides an exemption to the
jurisdictional requirement for health authorities, as defined.
Existing law, Executive Order N-29-20, suspends the Ralph M. Brown
Act’s requirements for teleconferencing during the COVID-19
pandemic, provided that notice requirements are met, the ability of the
99 70
public to observe and comment is preserved, as specified, and that a
local agency permitting teleconferencing have a procedure for receiving
and swiftly resolving requests for reasonable accommodation for
individuals with disabilities, as specified.
This bill would remove the requirements of the act particular to
teleconferencing and allow for teleconferencing subject to existing
provisions regarding the posting of notice of an agenda and the ability
of the public to observe the meeting and provide public comment. The
bill would require that, in each instance in which notice of the time of
the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the local agency also give notice of the
means by which members of the public may observe the meeting and
offer public comment and that the legislative body have and implement
a procedure for receiving and swiftly resolving requests for reasonable
accommodation for individuals with disabilities, consistent with the
federal Americans with Disabilities Act, as provided.
This bill would declare the Legislature’s intent, consistent with the
Governor’s Executive Order N-29-20, to improve and enhance public
access to local agency meetings into the future, and considering the
digital age, by allowing broader access through teleconferencing options.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code is
line 2 amended to read:
line 3 54953. (a) All meetings of the legislative body of a local
line 4 agency shall be open and public, and all persons shall be permitted
line 5 to attend any meeting of the legislative body of a local agency,
line 6 except as otherwise provided in this chapter.
line 7 (b) (1) Notwithstanding any other provision of law, the
line 8 legislative body of a local agency may use teleconferencing for
99
— 2 — AB 703 71
line 1 the benefit of the public and the legislative body of a local agency
line 2 in connection with any meeting or proceeding authorized by law.
line 3 The teleconferenced meeting or proceeding shall comply with all
line 4 otherwise applicable requirements of this chapter and all otherwise
line 5 applicable provisions of law relating to a specific type of meeting
line 6 or proceeding.
line 7 (2) Teleconferencing, as authorized by this section, may be used
line 8 for all purposes in connection with any meeting within the subject
line 9 matter jurisdiction of the legislative body. All votes taken during
line 10 a teleconferenced meeting shall be by rollcall.
line 11 (3) If the legislative body of a local agency elects to use
line 12 teleconferencing, it shall post agendas at all teleconference
line 13 locations and allow members of the public to observe the meeting
line 14 and address the legislative body, and it shall give notice of the
line 15 meeting and post agendas as otherwise required by this chapter.
line 16 The agenda shall provide an opportunity for members of the public
line 17 to address the legislative body directly pursuant to Section 54954.3.
line 18 In each instance in which notice of the time of the teleconferenced
line 19 meeting is otherwise given or the agenda for the meeting is
line 20 otherwise posted, the local agency must also give notice of the
line 21 means by which members of the public may observe the meeting
line 22 and offer public comment. The legislative body shall conduct
line 23 teleconference meetings in a manner that protects the statutory
line 24 and constitutional rights of the parties or the public appearing
line 25 before the legislative body of a local agency. Each teleconference
line 26 location shall be identified in the notice and agenda of the meeting
line 27 or proceeding, and each teleconference location shall be accessible
line 28 to the public. During the teleconference, at least a quorum of the
line 29 members of the legislative body shall participate from locations
line 30 within the boundaries of the territory over which the local agency
line 31 exercises jurisdiction, except as provided in subdivision (d). The
line 32 agenda shall provide an opportunity for members of the public to
line 33 address the legislative body directly pursuant to Section 54954.3
line 34 at each teleconference location. If the legislative body uses
line 35 teleconferencing to hold a meeting, the legislative body must have
line 36 and implement a procedure for receiving and swiftly resolving
line 37 requests for reasonable accommodation for individuals with
line 38 disabilities, consistent with the federal Americans with Disabilities
line 39 Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in
line 40 favor of accessibility. The procedure for receiving and resolving
99
AB 703 — 3 — 72
line 1 requests for accommodation must be noticed each time notice of
line 2 the means by which members of the public may observe the
line 3 teleconference meeting and offer public comment is made.
line 4 (4) For the purposes of this section, “teleconference” means a
line 5 meeting of a legislative body, the members of which are in different
line 6 locations, connected by electronic means, through either audio or
line 7 video, or both. Nothing in this section shall prohibit a local agency
line 8 from providing the public with additional teleconference locations.
line 9 (c) (1) No legislative body shall take action by secret ballot,
line 10 whether preliminary or final.
line 11 (2) The legislative body of a local agency shall publicly report
line 12 any action taken and the vote or abstention on that action of each
line 13 member present for the action.
line 14 (3) Prior to taking final action, the legislative body shall orally
line 15 report a summary of a recommendation for a final action on the
line 16 salaries, salary schedules, or compensation paid in the form of
line 17 fringe benefits of a local agency executive, as defined in
line 18 subdivision (d) of Section 3511.1, during the open meeting in
line 19 which the final action is to be taken. This paragraph shall not affect
line 20 the public’s right under the California Public Records Act (Chapter
line 21 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 22 inspect or copy records created or received in the process of
line 23 developing the recommendation.
line 24 (d) (1) Notwithstanding the provisions relating to a quorum in
line 25 paragraph (3) of subdivision (b), if a health authority conducts a
line 26 teleconference meeting, members who are outside the jurisdiction
line 27 of the authority may be counted toward the establishment of a
line 28 quorum when participating in the teleconference if at least 50
line 29 percent of the number of members that would establish a quorum
line 30 are present within the boundaries of the territory over which the
line 31 authority exercises jurisdiction, and the health authority provides
line 32 a teleconference number, and associated access codes, if any, that
line 33 allows any person to call in to participate in the meeting and the
line 34 number and access codes are identified in the notice and agenda
line 35 of the meeting. (2) Nothing in this subdivision shall be construed
line 36 as discouraging health authority members of a legislative body
line 37 from regularly meeting at a common physical site within the
line 38 jurisdiction of the authority local agency or from using
line 39 teleconference locations within or near the jurisdiction of the
line 40 authority. A teleconference meeting for which a quorum is
99
— 4 — AB 703 73
line 1 established pursuant to this subdivision shall be subject to all other
line 2 requirements of this section. local agency.
line 3 (3) For purposes of this subdivision, a health authority means
line 4 any entity created pursuant to Sections 14018.7, 14087.31,
line 5 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 6 and Institutions Code, any joint powers authority created pursuant
line 7 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 8 Division 7 for the purpose of contracting pursuant to Section
line 9 14087.3 of the Welfare and Institutions Code, and any advisory
line 10 committee to a county sponsored health plan licensed pursuant to
line 11 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 12 Health and Safety Code if the advisory committee has 12 or more
line 13 members.
line 14 SEC. 2. It is the intent of the Legislature in enacting this
line 15 measure to improve and enhance public access to local agency
line 16 meetings into the future, and considering the digital age, by
line 17 allowing broader access through teleconferencing options
line 18 consistent with the Governor’s Executive Order 29-20 dated March
line 19 17, 2020, permitting expanded use of teleconferencing during the
line 20 COVID-19 pandemic.
line 21 SEC. 3. The Legislature finds and declares that Section 1 of
line 22 this act, which amends Section 54953 of the Government Code,
line 23 furthers, within the meaning of paragraph (7) of subdivision (b)
line 24 of Section 3 of Article I of the California Constitution, the purposes
line 25 of that constitutional section as it relates to the right of public
line 26 access to the meetings of local public bodies or the writings of
line 27 local public officials and local agencies. Pursuant to paragraph (7)
line 28 of subdivision (b) of Section 3 of Article I of the California
line 29 Constitution, the Legislature makes the following findings:
line 30 This act is necessary to ensure minimum standards for public
line 31 participation and notice requirements allowing for greater public
line 32 participation in teleconference meetings.
O
99
AB 703 — 5 — 74
AMENDED IN SENATE MARCH 8, 2021
SENATE BILL No. 6
Introduced by Senators Caballero, Eggman, and Rubio
(Principal coauthors: Senators Atkins, Durazo, Gonzalez, Hertzberg,
and Wiener)
(Coauthor: Senator Hueso) (Coauthors: Senators Cortese, Hueso,
and McGuire)
(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Gipson,
Quirk-Silva, and Robert Rivas)
December 7, 2020
An act to amend Section 65913.4 of, and to add and repeal Section
65852.23 to, of, the Government Code, relating to land use.
legislative counsel’s digest
SB 6, as amended, Caballero. Local planning: housing: commercial
zones.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes, among other mandatory elements, a housing element. Existing
law requires that the housing element include, among other things, an
inventory of land suitable and available for residential development. If
the inventory of sites does not identify adequate sites to accommodate
the need for groups of all households pursuant to specified law, existing
law requires the local government to rezone sites within specified time
periods and that this rezoning accommodate 100% of the need for
housing for very low and low-income households on sites that will be
zoned to permit owner-occupied and rental multifamily residential use
by right for specified developments.
98 75
This bill, the Neighborhood Homes Act, would deem a housing
development project, as defined, an allowable use on a neighborhood
lot, which is defined as a parcel within an office or retail commercial
zone that is not adjacent to an industrial use. The bill would require the
density for a housing development under these provisions to meet or
exceed the density deemed appropriate to accommodate housing for
lower income households according to the type of local jurisdiction,
including a density of at least 20 units per acre for a suburban
jurisdiction. The bill would require the housing development to meet
all other local requirements for a neighborhood lot, other than those
that prohibit residential use, or allow residential use at a lower density
than that required by the bill. The bill would provide that a housing
development under these provisions is subject to the local zoning,
parking, design, and other ordinances, local code requirements, and
procedures applicable to the processing and permitting of a housing
development in a zone that allows for the housing with the density
required by the act. If more than one zoning designation of the local
agency allows for housing with the density required by the act, the bill
would require that the zoning standards that apply to the closest parcel
that allows residential use at a density that meets the requirements of
the act would apply. If the existing zoning designation allows residential
use at a density greater than that required by the act, the bill would
require that the existing zoning designation for the parcel would apply.
The bill would also require that a housing development under these
provisions comply with public notice, comment, hearing, or other
procedures applicable to a housing development in a zone with the
applicable density. The bill would require that the housing development
is subject to a recorded deed restriction with an unspecified affordability
requirement, as provided. The bill would require that a developer either
certify that the development is a public work, as defined, or is not in
its entirety a public work, but that all construction workers will be paid
prevailing wages, as provided, or certify that a skilled and trained
workforce, as defined, will be used to perform all construction work
on the development, as provided. The bill would require a local agency
to require that a rental of any unit created pursuant to the bill’s
provisions be for a term longer than 30 days. The bill would authorize
a local agency to exempt a neighborhood lot from these provisions in
its land use element of the general plan if the local agency concurrently
reallocates the lost residential density to other lots so that there is no
net loss in residential density in the jurisdiction, as provided. The bill
98
— 2 — SB 6 76
would specify that it does not alter or affect the application of any
housing, environmental, or labor law applicable to a housing
development authorized by these provisions, including, but not limited
to, the California Coastal Act, the California Environmental Quality
Act, the Housing Accountability Act, obligations to affirmatively further
fair housing, and any state or local affordability laws or tenant protection
laws. The bill would require an applicant of a housing development
under these provisions to provide notice of a pending application to
each commercial tenant of the neighborhood lot. The bill would repeal
these provisions on January 1, 2029.
The bill would include findings that changes proposed by the
Neighborhood Homes Act address a matter of statewide concern rather
than a municipal affair and, therefore, apply to all cities, including
charter cities.
The Housing Accountability Act, which is part of the Planning and
Zoning Law, prohibits a local agency from disapproving, or conditioning
approval in a manner that renders infeasible, a housing development
project, as defined for purposes of the act, for very low, low-, or
moderate-income households or an emergency shelter unless the local
agency makes specified written findings based on a preponderance of
the evidence in the record. That act states that it shall not be construed
to prohibit a local agency from requiring a housing development project
to comply with objective, quantifiable, written development standards,
conditions, and policies appropriate to, and consistent with, meeting
the jurisdiction’s share of the regional housing need, except as provided.
That act further provides that a housing development project or
emergency shelter shall be deemed consistent, compliant, and in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial
evidence that would allow a reasonable person to conclude that the
housing development project or emergency shelter is consistent,
compliant, or in conformity.
The bill would provide that for purposes of the Housing
Accountability Act, a proposed housing development project is
consistent, compliant, and in conformity with an applicable plan,
program, policy, ordinance, standard, requirement, or other similar
provision if the housing development project is consistent with the
standards applied to the parcel pursuant to specified provisions of the
Neighborhood Homes Act and if none of the square footage in the
98
SB 6 — 3 — 77
project is designated for hotel, motel, bed and breakfast inn, or other
transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law, until January 1, 2026, also authorizes
a development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including a requirement that the site on which the
development is proposed is zoned for residential use or residential
mixed-use development, or has a general plan designation that allows
residential use or a mix of residential and nonresidential uses, with at
least 2⁄3 of the square footage of the development designated for
residential use. Under that law, the proposed development is also
required to be consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in effect
at the time the development is submitted to the local government.
This bill would permit the development to be proposed for a site
zoned for office or retail commercial use if the site has had no
commercial tenants on 50% or more of its total usable net interior square
footage for a period of at least 3 years prior to the submission of the
application. The bill would also provide that a project located on a
neighborhood lot, as defined, shall be deemed consistent with objective
zoning standards, objective design standards, and objective subdivision
standards if the project is consistent with the applicable provisions of
the Neighborhood Homes Act.
By expanding the crime of perjury and imposing new duties on local
agencies with regard to local planning and zoning, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.23 is added to the Government
line 2 Code, to read:
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line 1 65852.23. (a) (1) This section shall be known, and may be
line 2 cited, as the Neighborhood Homes Act.
line 3 (2) The Legislature finds and declares that creating more
line 4 affordable housing is critical to the achievement of regional
line 5 housing needs assessment goals, and that housing units developed
line 6 at higher densities may generate affordability by design for
line 7 California residents, without the necessity of public subsidies,
line 8 income eligibility, occupancy restrictions, lottery procedures, or
line 9 other legal requirements applicable to deed restricted affordable
line 10 housing to serve very low and low-income residents and special
line 11 needs residents.
line 12 (b) A housing development project shall be deemed an allowable
line 13 use on a neighborhood lot if it complies with all of the following:
line 14 (1) (A) The density for the housing development shall meet or
line 15 exceed the applicable density deemed appropriate to accommodate
line 16 housing for lower income households as follows:
line 17 (i) For an incorporated city within a nonmetropolitan county
line 18 and for a nonmetropolitan county that has a micropolitan area,
line 19 sites allowing at least 15 units per acre.
line 20 (ii) For an unincorporated area in a nonmetropolitan county not
line 21 included in subparagraph (A), sites allowing at least 10 units per
line 22 acre.
line 23 (iii) For a suburban jurisdiction, sites allowing at least 20 units
line 24 per acre.
line 25 (iv) For a jurisdiction in a metropolitan county, sites allowing
line 26 at least 30 units per acre.
line 27 (B) “Metropolitan county,” “nonmetropolitan county,”
line 28 “nonmetropolitan county with a micropolitan area,” and
line 29 “suburban,” shall have the same meanings as defined in
line 30 subdivisions (d), (e), and (f) of Section 65583.2.
line 31 (2) (A) The housing development shall be subject to local
line 32 zoning, parking, design, and other ordinances, local code
line 33 requirements, and procedures applicable to the processing and
line 34 permitting of a housing development in a zone that allows for the
line 35 housing with the density described in paragraph (1).
line 36 (B) If more than one zoning designation of the local agency
line 37 allows for housing with the density described in paragraph (1), the
line 38 zoning standards applicable to a parcel that allows residential use
line 39 pursuant to this section shall be the zoning standards that apply to
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SB 6 — 5 — 79
line 1 the closest parcel that allows residential use at a density that meets
line 2 the requirements of paragraph (1).
line 3 (C) If the existing zoning designation for the parcel, as adopted
line 4 by the local government, allows residential use at a density greater
line 5 than that required in paragraph (1), the existing zoning designation
line 6 shall apply.
line 7 (3) The housing development shall comply with any public
line 8 notice, comment, hearing, or other procedures imposed by the
line 9 local agency on a housing development in the applicable zoning
line 10 designation identified in paragraph (2).
line 11 (4) The housing development shall be subject to a recorded deed
line 12 restriction requiring that at least __ percent of the units have an
line 13 affordable housing cost or affordable rent for lower income
line 14 households.
line 15 (5) All other local requirements for a neighborhood lot, other
line 16 than those that prohibit residential use, or allow residential use at
line 17 a lower density than provided in paragraph (1).
line 18 (6) The developer has done both of the following:
line 19 (A) Certified to the local agency that either of the following is
line 20 true:
line 21 (i) The entirety of the development is a public work for purposes
line 22 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 23 2 of the Labor Code.
line 24 (ii) The development is not in its entirety a public work for
line 25 which prevailing wages must be paid under Article 2 (commencing
line 26 with Section 1720) of Chapter 1 of Part 2 of Division 2 of the
line 27 Labor Code, but all construction workers employed on construction
line 28 of the development will be paid at least the general prevailing rate
line 29 of per diem wages for the type of work and geographic area, as
line 30 determined by the Director of Industrial Relations pursuant to
line 31 Sections 1773 and 1773.9 of the Labor Code, except that
line 32 apprentices registered in programs approved by the Chief of the
line 33 Division of Apprenticeship Standards may be paid at least the
line 34 applicable apprentice prevailing rate. If the development is subject
line 35 to this subparagraph, then for those portions of the development
line 36 that are not a public work all of the following shall apply:
line 37 (I) The developer shall ensure that the prevailing wage
line 38 requirement is included in all contracts for the performance of all
line 39 construction work.
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line 1 (II) All contractors and subcontractors shall pay to all
line 2 construction workers employed in the execution of the work at
line 3 least the general prevailing rate of per diem wages, except that
line 4 apprentices registered in programs approved by the Chief of the
line 5 Division of Apprenticeship Standards may be paid at least the
line 6 applicable apprentice prevailing rate.
line 7 (III) Except as provided in subclause (V), all contractors and
line 8 subcontractors shall maintain and verify payroll records pursuant
line 9 to Section 1776 of the Labor Code and make those records
line 10 available for inspection and copying as provided therein.
line 11 (IV) Except as provided in subclause (V), the obligation of the
line 12 contractors and subcontractors to pay prevailing wages may be
line 13 enforced by the Labor Commissioner through the issuance of a
line 14 civil wage and penalty assessment pursuant to Section 1741 of the
line 15 Labor Code, which may be reviewed pursuant to Section 1742 of
line 16 the Labor Code, within 18 months after the completion of the
line 17 development, or by an underpaid worker through an administrative
line 18 complaint or civil action, or by a joint labor-management
line 19 committee though a civil action under Section 1771.2 of the Labor
line 20 Code. If a civil wage and penalty assessment is issued, the
line 21 contractor, subcontractor, and surety on a bond or bonds issued to
line 22 secure the payment of wages covered by the assessment shall be
line 23 liable for liquidated damages pursuant to Section 1742.1 of the
line 24 Labor Code.
line 25 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 26 and subcontractors performing work on the development are subject
line 27 to a project labor agreement that requires the payment of prevailing
line 28 wages to all construction workers employed in the execution of
line 29 the development and provides for enforcement of that obligation
line 30 through an arbitration procedure. For purposes of this clause,
line 31 “project labor agreement” has the same meaning as set forth in
line 32 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 33 Contract Code.
line 34 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 35 Labor Code, the requirement that employer payments not reduce
line 36 the obligation to pay the hourly straight time or overtime wages
line 37 found to be prevailing shall not apply if otherwise provided in a
line 38 bona fide collective bargaining agreement covering the worker.
line 39 The requirement to pay at least the general prevailing rate of per
line 40 diem wages does not preclude use of an alternative workweek
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SB 6 — 7 — 81
line 1 schedule adopted pursuant to Section 511 or 514 of the Labor
line 2 Code.
line 3 (B) Certified to the local agency that a skilled and trained
line 4 workforce will be used to perform all construction work on the
line 5 development.
line 6 (i) For purposes of this section, “skilled and trained workforce”
line 7 has the same meaning as provided in Chapter 2.9 (commencing
line 8 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 9 Code.
line 10 (ii) If the developer has certified that a skilled and trained
line 11 workforce will be used to construct all work on development and
line 12 the application is approved, the following shall apply:
line 13 (I) The developer shall require in all contracts for the
line 14 performance of work that every contractor and subcontractor at
line 15 every tier will individually use a skilled and trained workforce to
line 16 construct the development.
line 17 (II) Every contractor and subcontractor shall use a skilled and
line 18 trained workforce to construct the development.
line 19 (III) Except as provided in subclause (IV), the developer shall
line 20 provide to the local agency, on a monthly basis while the
line 21 development or contract is being performed, a report demonstrating
line 22 compliance with Chapter 2.9 (commencing with Section 2600) of
line 23 Part 1 of Division 2 of the Public Contract Code. A monthly report
line 24 provided to the local government pursuant to this subclause shall
line 25 be a public record under the California Public Records Act (Chapter
line 26 3.5 (commencing with Section 6250) of Division 7 of Title 1) and
line 27 shall be open to public inspection. A developer that fails to provide
line 28 a monthly report demonstrating compliance with Chapter 2.9
line 29 (commencing with Section 2600) of Part 1 of Division 2 of the
line 30 Public Contract Code shall be subject to a civil penalty of ten
line 31 thousand dollars ($10,000) per month for each month for which
line 32 the report has not been provided. Any contractor or subcontractor
line 33 that fails to use a skilled and trained workforce shall be subject to
line 34 a civil penalty of two hundred dollars ($200) per day for each
line 35 worker employed in contravention of the skilled and trained
line 36 workforce requirement. Penalties may be assessed by the Labor
line 37 Commissioner within 18 months of completion of the development
line 38 using the same procedures for issuance of civil wage and penalty
line 39 assessments pursuant to Section 1741 of the Labor Code, and may
line 40 be reviewed pursuant to the same procedures in Section 1742 of
98
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line 1 the Labor Code. Penalties shall be paid to the State Public Works
line 2 Enforcement Fund.
line 3 (IV) Subclause (III) shall not apply if all contractors and
line 4 subcontractors performing work on the development are subject
line 5 to a project labor agreement that requires compliance with the
line 6 skilled and trained workforce requirement and provides for
line 7 enforcement of that obligation through an arbitration procedure.
line 8 For purposes of this subparagraph, “project labor agreement” has
line 9 the same meaning as set forth in paragraph (1) of subdivision (b)
line 10 of Section 2500 of the Public Contract Code.
line 11 (c) A local agency shall require that a rental of any unit created
line 12 pursuant to this section be for a term longer than 30 days.
line 13 (d) (1) A local agency may exempt a neighborhood lot from
line 14 this section in its land use element of the general plan if the local
line 15 agency concurrently reallocates the lost residential density to other
line 16 lots so that there is no net loss in residential density in the
line 17 jurisdiction.
line 18 (2) A local agency may reallocate the residential density from
line 19 an exempt neighborhood lot pursuant to this subdivision only if
line 20 the site or sites chosen by the local agency to which the residential
line 21 density is reallocated meet both of the following requirements:
line 22 (A) The site or sites are suitable for residential development.
line 23 For purposes of this subparagraph, “site or sites suitable for
line 24 residential development” shall have the same meaning as “land
line 25 suitable for residential development,” as defined in Section
line 26 65583.2.
line 27 (B) The site or sites are subject to an ordinance that allows for
line 28 development by right.
line 29 (e) (1) This section does not alter or lessen the applicability of
line 30 any housing, environmental, or labor law applicable to a housing
line 31 development authorized by this section, including, but not limited
line 32 to, the following:
line 33 (A) The California Coastal Act of 1976 (Division 20
line 34 (commencing with Section 30000) of the Public Resources Code)
line 35 Code).
line 36 (B) The California Environmental Quality Act (Division 13
line 37 (commencing with Section 21000) of the Public Resources Code).
line 38 (C) The Housing Accountability Act (Section 65589.5).
line 39 (D) The Density Bonus Law (Section 65915).
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SB 6 — 9 — 83
line 1 (E) Obligations to affirmatively further fair housing, pursuant
line 2 to Section 8899.50.
line 3 (F) State or local affordable housing laws.
line 4 (G) State or local tenant protection laws.
line 5 (2) All local demolition ordinances shall apply to a project
line 6 developed on a neighborhood lot.
line 7 (3) For purposes of the Housing Accountability Act (Section
line 8 65589.5), a proposed housing development project that is consistent
line 9 with the provisions of paragraph (2) of subdivision (b) shall be
line 10 deemed consistent, compliant, and in conformity with an applicable
line 11 plan, program, policy, ordinance, standard, requirement, or other
line 12 similar provision.
line 13 (4) Notwithstanding any other provision of this section, for
line 14 purposes of the Density Bonus Law (Section 65915), an applicant
line 15 for a housing development under this section may apply for a
line 16 density bonus pursuant to Section 65915.
line 17 (f) An applicant for a housing development under this section
line 18 shall provide written notice of the pending application to each
line 19 commercial tenant on the neighborhood lot when the application
line 20 is submitted.
line 21 (g) (1) An applicant seeking to develop a housing project on a
line 22 neighborhood lot may request that a local agency establish a
line 23 Mello-Roos Community Facilities District, or may request that
line 24 the neighborhood lot be annexed to an existing community facilities
line 25 district, as authorized in Chapter 2.5 (commencing with Section
line 26 53311) of Part 1 of Division 2 of Title 5 to finance improvements
line 27 and services to the units proposed to be developed.
line 28 (2) An annexation to a community facilities district for a
line 29 neighborhood lot shall be subject to a protest proceeding as
line 30 provided in subdivision (b) of Section 53339.6.
line 31 (3) An applicant who voluntarily enrolls in the district shall not
line 32 be required to pay a development, impact, or mitigation fee, charge,
line 33 or exaction in connection with the approval of a development
line 34 project to the extent that those facilities and services are funded
line 35 by a community facilities district established pursuant to this
line 36 subdivision. This paragraph shall not prohibit a local agency from
line 37 imposing any application, development, mitigation, building, or
line 38 other fee to fund the construction cost of public infrastructure
line 39 facilities or services that are not funded by a community facilities
line 40 district to support a housing development project.
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line 1 (g) Notwithstanding Section 65913.4, a project on a
line 2 neighborhood lot shall not be eligible for streamlining pursuant
line 3 to Section 65913.4 if it meets either of the following conditions:
line 4 (1) The site has previously been developed pursuant to Section
line 5 65913.4 with a project of 10 units or fewer.
line 6 (2) The developer of the project or any person acting in concert
line 7 with the developer has previously proposed a project pursuant to
line 8 Section 65913.4 of 10 units or fewer on the same or an adjacent
line 9 site.
line 10 (h) For purposes of this section:
line 11 (1) “Housing development project” means a use project
line 12 consisting of any of the following:
line 13 (A) Residential units only.
line 14 (B) Mixed-use developments consisting of residential and
line 15 nonresidential retail commercial or office uses. uses, and at least
line 16 50 percent of the square footage of the new construction associated
line 17 with the project is designated for residential use. None of the
line 18 square footage of any such development shall be designated for
line 19 hotel, motel, bed and breakfast inn, or other transient lodging use,
line 20 except for a residential hotel.
line 21 (2) “Local agency” means a city, including a charter city, county,
line 22 or a city and county.
line 23 (3) “Neighborhood lot” means a parcel within an office or retail
line 24 commercial zone that is not adjacent to an industrial use.
line 25 (4) “Office or retail commercial zone” means any commercial
line 26 zone, except for zones where office uses and retail uses are not
line 27 permitted, or are permitted only as an accessory use.
line 28 (5) “Residential hotel” has the same meaning as defined in
line 29 Section 50519 of the Health and Safety Code.
line 30 (i)
line 31 (i) The Legislature finds and declares that ensuring access to
line 32 affordable housing is a matter of statewide concern and is not a
line 33 municipal affair as that term is used in Section 5 of Article XI of
line 34 the California Constitution. Therefore, this section applies to all
line 35 cities, including charter cities.
line 36 (j) This section shall remain in effect only until January 1, 2029,
line 37 and as of that date is repealed.
line 38 SEC. 2. Section 65913.4 of the Government Code is amended
line 39 to read:
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SB 6 — 11 — 85
line 1 65913.4. (a) A development proponent may submit an
line 2 application for a development that is subject to the streamlined,
line 3 ministerial approval process provided by subdivision (c) and is
line 4 not subject to a conditional use permit if the development complies
line 5 with subdivision (b) and satisfies all of the following objective
line 6 planning standards:
line 7 (1) The development is a multifamily housing development that
line 8 contains two or more residential units.
line 9 (2) The development and the site on which it is located satisfy
line 10 all of the following:
line 11 (A) It is a legal parcel or parcels located in a city if, and only
line 12 if, the city boundaries include some portion of either an urbanized
line 13 area or urban cluster, as designated by the United States Census
line 14 Bureau, or, for unincorporated areas, a legal parcel or parcels
line 15 wholly within the boundaries of an urbanized area or urban cluster,
line 16 as designated by the United States Census Bureau.
line 17 (B) At least 75 percent of the perimeter of the site adjoins parcels
line 18 that are developed with urban uses. For the purposes of this section,
line 19 parcels that are only separated by a street or highway shall be
line 20 considered to be adjoined.
line 21 (C) (i) A site that meets the requirements of clause (ii) and
line 22 satisfies any of the following:
line 23 (I) The site is zoned for residential use or residential mixed-use
line 24 development.
line 25 (II) The site has a general plan designation that allows residential
line 26 use or a mix of residential and nonresidential uses.
line 27 (III) The site is zoned for office or retail commercial use and
line 28 has had no commercial tenants on 50 percent or more of its total
line 29 usable net interior square footage for a period of at least three years
line 30 prior to the submission of the application.
line 31 (D) It is zoned for residential use or residential mixed-use
line 32 development, or has a general plan designation that allows
line 33 residential use or a mix of residential and nonresidential uses, and
line 34 at least
line 35 (ii) At least two-thirds of the square footage of the development
line 36 is designated for residential use. Additional density, floor area,
line 37 and units, and any other concession, incentive, or waiver of
line 38 development standards granted pursuant to the Density Bonus Law
line 39 in Section 65915 shall be included in the square footage
line 40 calculation. The square footage of the development shall not
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line 1 include underground space, such as basements or underground
line 2 parking garages.
line 3 (3) (A) The development proponent has committed to record,
line 4 prior to the issuance of the first building permit, a land use
line 5 restriction or covenant providing that any lower or moderate
line 6 income housing units required pursuant to subparagraph (B) of
line 7 paragraph (4) shall remain available at affordable housing costs
line 8 or rent to persons and families of lower or moderate income for
line 9 no less than the following periods of time:
line 10 (i) Fifty-five years for units that are rented.
line 11 (ii) Forty-five years for units that are owned.
line 12 (B) The city or county shall require the recording of covenants
line 13 or restrictions implementing this paragraph for each parcel or unit
line 14 of real property included in the development.
line 15 (4) The development satisfies subparagraphs (A) and (B) below:
line 16 (A) Is located in a locality that the department has determined
line 17 is subject to this subparagraph on the basis that the number of units
line 18 that have been issued building permits, as shown on the most recent
line 19 production report received by the department, is less than the
line 20 locality’s share of the regional housing needs, by income category,
line 21 for that reporting period. A locality shall remain eligible under
line 22 this subparagraph until the department’s determination for the next
line 23 reporting period.
line 24 (B) The development is subject to a requirement mandating a
line 25 minimum percentage of below market rate housing based on one
line 26 of the following:
line 27 (i) The locality did not submit its latest production report to the
line 28 department by the time period required by Section 65400, or that
line 29 production report reflects that there were fewer units of above
line 30 moderate-income housing issued building permits than were
line 31 required for the regional housing needs assessment cycle for that
line 32 reporting period. In addition, if the project contains more than 10
line 33 units of housing, the project does either of the following:
line 34 (I) The project dedicates a minimum of 10 percent of the total
line 35 number of units to housing affordable to households making at or
line 36 below 80 percent of the area median income. However, if the
line 37 locality has adopted a local ordinance that requires that greater
line 38 than 10 percent of the units be dedicated to housing affordable to
line 39 households making below 80 percent of the area median income,
line 40 that local ordinance applies.
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SB 6 — 13 — 87
line 1 (II) (ia) If the project is located within the San Francisco Bay
line 2 area, the project, in lieu of complying with subclause (I), dedicates
line 3 20 percent of the total number of units to housing affordable to
line 4 households making below 120 percent of the area median income
line 5 with the average income of the units at or below 100 percent of
line 6 the area median income. However, a local ordinance adopted by
line 7 the locality applies if it requires greater than 20 percent of the units
line 8 be dedicated to housing affordable to households making at or
line 9 below 120 percent of the area median income, or requires that any
line 10 of the units be dedicated at a level deeper than 120 percent. In
line 11 order to comply with this subclause, the rent or sale price charged
line 12 for units that are dedicated to housing affordable to households
line 13 between 80 percent and 120 percent of the area median income
line 14 shall not exceed 30 percent of the gross income of the household.
line 15 (ib) For purposes of this subclause, “San Francisco Bay area”
line 16 means the entire area within the territorial boundaries of the
line 17 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
line 18 Santa Clara, Solano, and Sonoma, and the City and County of San
line 19 Francisco.
line 20 (ii) The locality’s latest production report reflects that there
line 21 were fewer units of housing issued building permits affordable to
line 22 either very low income or low-income households by income
line 23 category than were required for the regional housing needs
line 24 assessment cycle for that reporting period, and the project seeking
line 25 approval dedicates 50 percent of the total number of units to
line 26 housing affordable to households making at or below 80 percent
line 27 of the area median income. However, if the locality has adopted
line 28 a local ordinance that requires that greater than 50 percent of the
line 29 units be dedicated to housing affordable to households making at
line 30 or below 80 percent of the area median income, that local ordinance
line 31 applies.
line 32 (iii) The locality did not submit its latest production report to
line 33 the department by the time period required by Section 65400, or
line 34 if the production report reflects that there were fewer units of
line 35 housing affordable to both income levels described in clauses (i)
line 36 and (ii) that were issued building permits than were required for
line 37 the regional housing needs assessment cycle for that reporting
line 38 period, the project seeking approval may choose between utilizing
line 39 clause (i) or (ii).
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line 1 (C) (i) A development proponent that uses a unit of affordable
line 2 housing to satisfy the requirements of subparagraph (B) may also
line 3 satisfy any other local or state requirement for affordable housing,
line 4 including local ordinances or the Density Bonus Law in Section
line 5 65915, provided that the development proponent complies with
line 6 the applicable requirements in the state or local law.
line 7 (ii) A development proponent that uses a unit of affordable
line 8 housing to satisfy any other state or local affordability requirement
line 9 may also satisfy the requirements of subparagraph (B), provided
line 10 that the development proponent complies with applicable
line 11 requirements of subparagraph (B).
line 12 (iii) A development proponent may satisfy the affordability
line 13 requirements of subparagraph (B) with a unit that is restricted to
line 14 households with incomes lower than the applicable income limits
line 15 required in subparagraph (B).
line 16 (5) The development, excluding any additional density or any
line 17 other concessions, incentives, or waivers of development standards
line 18 granted pursuant to the Density Bonus Law in Section 65915, is
line 19 consistent with objective zoning standards, objective subdivision
line 20 standards, and objective design review standards in effect at the
line 21 time that the development is submitted to the local government
line 22 pursuant to this section, or at the time a notice of intent is submitted
line 23 pursuant to subdivision (b), whichever occurs earlier. For purposes
line 24 of this paragraph, “objective zoning standards,” “objective
line 25 subdivision standards,” and “objective design review standards”
line 26 mean standards that involve no personal or subjective judgment
line 27 by a public official and are uniformly verifiable by reference to
line 28 an external and uniform benchmark or criterion available and
line 29 knowable by both the development applicant or proponent and the
line 30 public official before submittal. These standards may be embodied
line 31 in alternative objective land use specifications adopted by a city
line 32 or county, and may include, but are not limited to, housing overlay
line 33 zones, specific plans, inclusionary zoning ordinances, and density
line 34 bonus ordinances, subject to the following:
line 35 (A) A development shall be deemed consistent with the objective
line 36 zoning standards related to housing density, as applicable, if the
line 37 density proposed is compliant with the maximum density allowed
line 38 within that land use designation, notwithstanding any specified
line 39 maximum unit allocation that may result in fewer units of housing
line 40 being permitted.
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line 1 (B) In the event that objective zoning, general plan, subdivision,
line 2 or design review standards are mutually inconsistent, a
line 3 development shall be deemed consistent with the objective zoning
line 4 and subdivision standards pursuant to this subdivision if the
line 5 development is consistent with the standards set forth in the general
line 6 plan.
line 7 (C) It is the intent of the Legislature that the objective zoning
line 8 standards, objective subdivision standards, and objective design
line 9 review standards described in this paragraph be adopted or
line 10 amended in compliance with the requirements of Chapter 905 of
line 11 the Statutes of 2004.
line 12 (D) The amendments to this subdivision made by the act adding
line 13 this subparagraph do not constitute a change in, but are declaratory
line 14 of, existing law.
line 15 (E) A project located on a neighborhood lot, as defined in Section
line 16 65852.23, shall be deemed consistent with objective zoning
line 17 standards, objective design standards, and objective subdivision
line 18 standards if the project is consistent with the provisions of
line 19 subdivision (b) of Section 65852.23 and if none of the square
line 20 footage in the project is designated for hotel, motel, bed and
line 21 breakfast inn, or other transient lodging use, except for a residential
line 22 hotel. For purposes of this subdivision, “residential hotel” shall
line 23 have the same meaning as defined in Section 50519 of the Health
line 24 and Safety Code.
line 25 (6) The development is not located on a site that is any of the
line 26 following:
line 27 (A) A coastal zone, as defined in Division 20 (commencing
line 28 with Section 30000) of the Public Resources Code.
line 29 (B) Either prime farmland or farmland of statewide importance,
line 30 as defined pursuant to United States Department of Agriculture
line 31 land inventory and monitoring criteria, as modified for California,
line 32 and designated on the maps prepared by the Farmland Mapping
line 33 and Monitoring Program of the Department of Conservation, or
line 34 land zoned or designated for agricultural protection or preservation
line 35 by a local ballot measure that was approved by the voters of that
line 36 jurisdiction.
line 37 (C) Wetlands, as defined in the United States Fish and Wildlife
line 38 Service Manual, Part 660 FW 2 (June 21, 1993).
line 39 (D) Within a very high fire hazard severity zone, as determined
line 40 by the Department of Forestry and Fire Protection pursuant to
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line 1 Section 51178, or within a high or very high fire hazard severity
line 2 zone as indicated on maps adopted by the Department of Forestry
line 3 and Fire Protection pursuant to Section 4202 of the Public
line 4 Resources Code. This subparagraph does not apply to sites
line 5 excluded from the specified hazard zones by a local agency,
line 6 pursuant to subdivision (b) of Section 51179, or sites that have
line 7 adopted fire hazard mitigation measures pursuant to existing
line 8 building standards or state fire mitigation measures applicable to
line 9 the development.
line 10 (E) A hazardous waste site that is listed pursuant to Section
line 11 65962.5 or a hazardous waste site designated by the Department
line 12 of Toxic Substances Control pursuant to Section 25356 of the
line 13 Health and Safety Code, unless the State Department of Public
line 14 Health, State Water Resources Control Board, or Department of
line 15 Toxic Substances Control has cleared the site for residential use
line 16 or residential mixed uses.
line 17 (F) Within a delineated earthquake fault zone as determined by
line 18 the State Geologist in any official maps published by the State
line 19 Geologist, unless the development complies with applicable seismic
line 20 protection building code standards adopted by the California
line 21 Building Standards Commission under the California Building
line 22 Standards Law (Part 2.5 (commencing with Section 18901) of
line 23 Division 13 of the Health and Safety Code), and by any local
line 24 building department under Chapter 12.2 (commencing with Section
line 25 8875) of Division 1 of Title 2.
line 26 (G) Within a special flood hazard area subject to inundation by
line 27 the 1 percent annual chance flood (100-year flood) as determined
line 28 by the Federal Emergency Management Agency in any official
line 29 maps published by the Federal Emergency Management Agency.
line 30 If a development proponent is able to satisfy all applicable federal
line 31 qualifying criteria in order to provide that the site satisfies this
line 32 subparagraph and is otherwise eligible for streamlined approval
line 33 under this section, a local government shall not deny the application
line 34 on the basis that the development proponent did not comply with
line 35 any additional permit requirement, standard, or action adopted by
line 36 that local government that is applicable to that site. A development
line 37 may be located on a site described in this subparagraph if either
line 38 of the following are met:
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line 1 (i) The site has been subject to a Letter of Map Revision
line 2 prepared by the Federal Emergency Management Agency and
line 3 issued to the local jurisdiction.
line 4 (ii) The site meets Federal Emergency Management Agency
line 5 requirements necessary to meet minimum flood plain management
line 6 criteria of the National Flood Insurance Program pursuant to Part
line 7 59 (commencing with Section 59.1) and Part 60 (commencing
line 8 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
line 9 Code of Federal Regulations.
line 10 (H) Within a regulatory floodway as determined by the Federal
line 11 Emergency Management Agency in any official maps published
line 12 by the Federal Emergency Management Agency, unless the
line 13 development has received a no-rise certification in accordance
line 14 with Section 60.3(d)(3) of Title 44 of the Code of Federal
line 15 Regulations. If a development proponent is able to satisfy all
line 16 applicable federal qualifying criteria in order to provide that the
line 17 site satisfies this subparagraph and is otherwise eligible for
line 18 streamlined approval under this section, a local government shall
line 19 not deny the application on the basis that the development
line 20 proponent did not comply with any additional permit requirement,
line 21 standard, or action adopted by that local government that is
line 22 applicable to that site.
line 23 (I) Lands identified for conservation in an adopted natural
line 24 community conservation plan pursuant to the Natural Community
line 25 Conservation Planning Act (Chapter 10 (commencing with Section
line 26 2800) of Division 3 of the Fish and Game Code), habitat
line 27 conservation plan pursuant to the federal Endangered Species Act
line 28 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
line 29 resource protection plan.
line 30 (J) Habitat for protected species identified as candidate,
line 31 sensitive, or species of special status by state or federal agencies,
line 32 fully protected species, or species protected by the federal
line 33 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
line 34 the California Endangered Species Act (Chapter 1.5 (commencing
line 35 with Section 2050) of Division 3 of the Fish and Game Code), or
line 36 the Native Plant Protection Act (Chapter 10 (commencing with
line 37 Section 1900) of Division 2 of the Fish and Game Code).
line 38 (K) Lands under conservation easement.
line 39 (7) The development is not located on a site where any of the
line 40 following apply:
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line 1 (A) The development would require the demolition of the
line 2 following types of housing:
line 3 (i) Housing that is subject to a recorded covenant, ordinance,
line 4 or law that restricts rents to levels affordable to persons and
line 5 families of moderate, low, or very low income.
line 6 (ii) Housing that is subject to any form of rent or price control
line 7 through a public entity’s valid exercise of its police power.
line 8 (iii) Housing that has been occupied by tenants within the past
line 9 10 years.
line 10 (B) The site was previously used for housing that was occupied
line 11 by tenants that was demolished within 10 years before the
line 12 development proponent submits an application under this section.
line 13 (C) The development would require the demolition of a historic
line 14 structure that was placed on a national, state, or local historic
line 15 register.
line 16 (D) The property contains housing units that are occupied by
line 17 tenants, and units at the property are, or were, subsequently offered
line 18 for sale to the general public by the subdivider or subsequent owner
line 19 of the property.
line 20 (8) The development proponent has done both of the following,
line 21 as applicable:
line 22 (A) Certified to the locality that either of the following is true,
line 23 as applicable:
line 24 (i) The entirety of the development is a public work for purposes
line 25 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 26 2 of the Labor Code.
line 27 (ii) If the development is not in its entirety a public work, that
line 28 all construction workers employed in the execution of the
line 29 development will be paid at least the general prevailing rate of per
line 30 diem wages for the type of work and geographic area, as
line 31 determined by the Director of Industrial Relations pursuant to
line 32 Sections 1773 and 1773.9 of the Labor Code, except that
line 33 apprentices registered in programs approved by the Chief of the
line 34 Division of Apprenticeship Standards may be paid at least the
line 35 applicable apprentice prevailing rate. If the development is subject
line 36 to this subparagraph, then for those portions of the development
line 37 that are not a public work all of the following shall apply:
line 38 (I) The development proponent shall ensure that the prevailing
line 39 wage requirement is included in all contracts for the performance
line 40 of the work.
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line 1 (II) All contractors and subcontractors shall pay to all
line 2 construction workers employed in the execution of the work at
line 3 least the general prevailing rate of per diem wages, except that
line 4 apprentices registered in programs approved by the Chief of the
line 5 Division of Apprenticeship Standards may be paid at least the
line 6 applicable apprentice prevailing rate.
line 7 (III) Except as provided in subclause (V), all contractors and
line 8 subcontractors shall maintain and verify payroll records pursuant
line 9 to Section 1776 of the Labor Code and make those records
line 10 available for inspection and copying as provided therein.
line 11 (IV) Except as provided in subclause (V), the obligation of the
line 12 contractors and subcontractors to pay prevailing wages may be
line 13 enforced by the Labor Commissioner through the issuance of a
line 14 civil wage and penalty assessment pursuant to Section 1741 of the
line 15 Labor Code, which may be reviewed pursuant to Section 1742 of
line 16 the Labor Code, within 18 months after the completion of the
line 17 development, by an underpaid worker through an administrative
line 18 complaint or civil action, or by a joint labor-management
line 19 committee through a civil action under Section 1771.2 of the Labor
line 20 Code. If a civil wage and penalty assessment is issued, the
line 21 contractor, subcontractor, and surety on a bond or bonds issued to
line 22 secure the payment of wages covered by the assessment shall be
line 23 liable for liquidated damages pursuant to Section 1742.1 of the
line 24 Labor Code.
line 25 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 26 and subcontractors performing work on the development are subject
line 27 to a project labor agreement that requires the payment of prevailing
line 28 wages to all construction workers employed in the execution of
line 29 the development and provides for enforcement of that obligation
line 30 through an arbitration procedure. For purposes of this clause,
line 31 “project labor agreement” has the same meaning as set forth in
line 32 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 33 Contract Code.
line 34 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 35 Labor Code, the requirement that employer payments not reduce
line 36 the obligation to pay the hourly straight time or overtime wages
line 37 found to be prevailing shall not apply if otherwise provided in a
line 38 bona fide collective bargaining agreement covering the worker.
line 39 The requirement to pay at least the general prevailing rate of per
line 40 diem wages does not preclude use of an alternative workweek
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line 1 schedule adopted pursuant to Section 511 or 514 of the Labor
line 2 Code.
line 3 (B) (i) For developments for which any of the following
line 4 conditions apply, certified that a skilled and trained workforce
line 5 shall be used to complete the development if the application is
line 6 approved:
line 7 (I) On and after January 1, 2018, until December 31, 2021, the
line 8 development consists of 75 or more units with a residential
line 9 component that is not 100 percent subsidized affordable housing
line 10 and will be located within a jurisdiction located in a coastal or bay
line 11 county with a population of 225,000 or more.
line 12 (II) On and after January 1, 2022, until December 31, 2025, the
line 13 development consists of 50 or more units with a residential
line 14 component that is not 100 percent subsidized affordable housing
line 15 and will be located within a jurisdiction located in a coastal or bay
line 16 county with a population of 225,000 or more.
line 17 (III) On and after January 1, 2018, until December 31, 2019,
line 18 the development consists of 75 or more units with a residential
line 19 component that is not 100 percent subsidized affordable housing
line 20 and will be located within a jurisdiction with a population of fewer
line 21 than 550,000 and that is not located in a coastal or bay county.
line 22 (IV) On and after January 1, 2020, until December 31, 2021,
line 23 the development consists of more than 50 units with a residential
line 24 component that is not 100 percent subsidized affordable housing
line 25 and will be located within a jurisdiction with a population of fewer
line 26 than 550,000 and that is not located in a coastal or bay county.
line 27 (V) On and after January 1, 2022, until December 31, 2025, the
line 28 development consists of more than 25 units with a residential
line 29 component that is not 100 percent subsidized affordable housing
line 30 and will be located within a jurisdiction with a population of fewer
line 31 than 550,000 and that is not located in a coastal or bay county.
line 32 (ii) For purposes of this section, “skilled and trained workforce”
line 33 has the same meaning as provided in Chapter 2.9 (commencing
line 34 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 35 Code.
line 36 (iii) If the development proponent has certified that a skilled
line 37 and trained workforce will be used to complete the development
line 38 and the application is approved, the following shall apply:
line 39 (I) The applicant shall require in all contracts for the
line 40 performance of work that every contractor and subcontractor at
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line 1 every tier will individually use a skilled and trained workforce to
line 2 complete the development.
line 3 (II) Every contractor and subcontractor shall use a skilled and
line 4 trained workforce to complete the development.
line 5 (III) Except as provided in subclause (IV), the applicant shall
line 6 provide to the locality, on a monthly basis while the development
line 7 or contract is being performed, a report demonstrating compliance
line 8 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
line 9 Division 2 of the Public Contract Code. A monthly report provided
line 10 to the locality pursuant to this subclause shall be a public record
line 11 under the California Public Records Act (Chapter 3.5 (commencing
line 12 with Section 6250) of Division 7 of Title 1) and shall be open to
line 13 public inspection. An applicant that fails to provide a monthly
line 14 report demonstrating compliance with Chapter 2.9 (commencing
line 15 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 16 Code shall be subject to a civil penalty of ten thousand dollars
line 17 ($10,000) per month for each month for which the report has not
line 18 been provided. Any contractor or subcontractor that fails to use a
line 19 skilled and trained workforce shall be subject to a civil penalty of
line 20 two hundred dollars ($200) per day for each worker employed in
line 21 contravention of the skilled and trained workforce requirement.
line 22 Penalties may be assessed by the Labor Commissioner within 18
line 23 months of completion of the development using the same
line 24 procedures for issuance of civil wage and penalty assessments
line 25 pursuant to Section 1741 of the Labor Code, and may be reviewed
line 26 pursuant to the same procedures in Section 1742 of the Labor
line 27 Code. Penalties shall be paid to the State Public Works
line 28 Enforcement Fund.
line 29 (IV) Subclause (III) shall not apply if all contractors and
line 30 subcontractors performing work on the development are subject
line 31 to a project labor agreement that requires compliance with the
line 32 skilled and trained workforce requirement and provides for
line 33 enforcement of that obligation through an arbitration procedure.
line 34 For purposes of this subparagraph, “project labor agreement” has
line 35 the same meaning as set forth in paragraph (1) of subdivision (b)
line 36 of Section 2500 of the Public Contract Code.
line 37 (C) Notwithstanding subparagraphs (A) and (B), a development
line 38 that is subject to approval pursuant to this section is exempt from
line 39 any requirement to pay prevailing wages or use a skilled and
line 40 trained workforce if it meets both of the following:
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line 1 (i) The project includes 10 or fewer units.
line 2 (ii) The project is not a public work for purposes of Chapter 1
line 3 (commencing with Section 1720) of Part 7 of Division 2 of the
line 4 Labor Code.
line 5 (9) The development did not or does not involve a subdivision
line 6 of a parcel that is, or, notwithstanding this section, would otherwise
line 7 be, subject to the Subdivision Map Act (Division 2 (commencing
line 8 with Section 66410)) or any other applicable law authorizing the
line 9 subdivision of land, unless the development is consistent with all
line 10 objective subdivision standards in the local subdivision ordinance,
line 11 and either of the following apply:
line 12 (A) The development has received or will receive financing or
line 13 funding by means of a low-income housing tax credit and is subject
line 14 to the requirement that prevailing wages be paid pursuant to
line 15 subparagraph (A) of paragraph (8).
line 16 (B) The development is subject to the requirement that
line 17 prevailing wages be paid, and a skilled and trained workforce used,
line 18 pursuant to paragraph (8).
line 19 (10) The development shall not be upon an existing parcel of
line 20 land or site that is governed under the Mobilehome Residency Law
line 21 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
line 22 of Division 2 of the Civil Code), the Recreational Vehicle Park
line 23 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
line 24 of Title 2 of Part 2 of Division 2 of the Civil Code), the
line 25 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
line 26 of Division 13 of the Health and Safety Code), or the Special
line 27 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
line 28 of Division 13 of the Health and Safety Code).
line 29 (b) (1) (A) (i) Before submitting an application for a
line 30 development subject to the streamlined, ministerial approval
line 31 process described in subdivision (c), the development proponent
line 32 shall submit to the local government a notice of its intent to submit
line 33 an application. The notice of intent shall be in the form of a
line 34 preliminary application that includes all of the information
line 35 described in Section 65941.1, as that section read on January 1,
line 36 2020.
line 37 (ii) Upon receipt of a notice of intent to submit an application
line 38 described in clause (i), the local government shall engage in a
line 39 scoping consultation regarding the proposed development with
line 40 any California Native American tribe that is traditionally and
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line 1 culturally affiliated with the geographic area, as described in
line 2 Section 21080.3.1 of the Public Resources Code, of the proposed
line 3 development. In order to expedite compliance with this subdivision,
line 4 the local government shall contact the Native American Heritage
line 5 Commission for assistance in identifying any California Native
line 6 American tribe that is traditionally and culturally affiliated with
line 7 the geographic area of the proposed development.
line 8 (iii) The timeline for noticing and commencing a scoping
line 9 consultation in accordance with this subdivision shall be as follows:
line 10 (I) The local government shall provide a formal notice of a
line 11 development proponent’s notice of intent to submit an application
line 12 described in clause (i) to each California Native American tribe
line 13 that is traditionally and culturally affiliated with the geographic
line 14 area of the proposed development within 30 days of receiving that
line 15 notice of intent. The formal notice provided pursuant to this
line 16 subclause shall include all of the following:
line 17 (ia) A description of the proposed development.
line 18 (ib) The location of the proposed development.
line 19 (ic) An invitation to engage in a scoping consultation in
line 20 accordance with this subdivision.
line 21 (II) Each California Native American tribe that receives a formal
line 22 notice pursuant to this clause shall have 30 days from the receipt
line 23 of that notice to accept the invitation to engage in a scoping
line 24 consultation.
line 25 (III) If the local government receives a response accepting an
line 26 invitation to engage in a scoping consultation pursuant to this
line 27 subdivision, the local government shall commence the scoping
line 28 consultation within 30 days of receiving that response.
line 29 (B) The scoping consultation shall recognize that California
line 30 Native American tribes traditionally and culturally affiliated with
line 31 a geographic area have knowledge and expertise concerning the
line 32 resources at issue and shall take into account the cultural
line 33 significance of the resource to the culturally affiliated California
line 34 Native American tribe.
line 35 (C) The parties to a scoping consultation conducted pursuant
line 36 to this subdivision shall be the local government and any California
line 37 Native American tribe traditionally and culturally affiliated with
line 38 the geographic area of the proposed development. More than one
line 39 California Native American tribe traditionally and culturally
line 40 affiliated with the geographic area of the proposed development
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line 1 may participate in the scoping consultation. However, the local
line 2 government, upon the request of any California Native American
line 3 tribe traditionally and culturally affiliated with the geographic area
line 4 of the proposed development, shall engage in a separate scoping
line 5 consultation with that California Native American tribe. The
line 6 development proponent and its consultants may participate in a
line 7 scoping consultation process conducted pursuant to this subdivision
line 8 if all of the following conditions are met:
line 9 (i) The development proponent and its consultants agree to
line 10 respect the principles set forth in this subdivision.
line 11 (ii) The development proponent and its consultants engage in
line 12 the scoping consultation in good faith.
line 13 (iii) The California Native American tribe participating in the
line 14 scoping consultation approves the participation of the development
line 15 proponent and its consultants. The California Native American
line 16 tribe may rescind its approval at any time during the scoping
line 17 consultation, either for the duration of the scoping consultation or
line 18 with respect to any particular meeting or discussion held as part
line 19 of the scoping consultation.
line 20 (D) The participants to a scoping consultation pursuant to this
line 21 subdivision shall comply with all of the following confidentiality
line 22 requirements:
line 23 (i) Subdivision (r) of Section 6254.
line 24 (ii) Section 6254.10.
line 25 (iii) Subdivision (c) of Section 21082.3 of the Public Resources
line 26 Code.
line 27 (iv) Subdivision (d) of Section 15120 of Title 14 of the
line 28 California Code of Regulations.
line 29 (v) Any additional confidentiality standards adopted by the
line 30 California Native American tribe participating in the scoping
line 31 consultation.
line 32 (E) The California Environmental Quality Act (Division 13
line 33 (commencing with Section 21000) of the Public Resources Code)
line 34 shall not apply to a scoping consultation conducted pursuant to
line 35 this subdivision.
line 36 (2) (A) If, after concluding the scoping consultation, the parties
line 37 find that no potential tribal cultural resource would be affected by
line 38 the proposed development, the development proponent may submit
line 39 an application for the proposed development that is subject to the
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line 1 streamlined, ministerial approval process described in subdivision
line 2 (c).
line 3 (B) If, after concluding the scoping consultation, the parties
line 4 find that a potential tribal cultural resource could be affected by
line 5 the proposed development and an enforceable agreement is
line 6 documented between the California Native American tribe and the
line 7 local government on methods, measures, and conditions for tribal
line 8 cultural resource treatment, the development proponent may submit
line 9 the application for a development subject to the streamlined,
line 10 ministerial approval process described in subdivision (c). The local
line 11 government shall ensure that the enforceable agreement is included
line 12 in the requirements and conditions for the proposed development.
line 13 (C) If, after concluding the scoping consultation, the parties
line 14 find that a potential tribal cultural resource could be affected by
line 15 the proposed development and an enforceable agreement is not
line 16 documented between the California Native American tribe and the
line 17 local government regarding methods, measures, and conditions
line 18 for tribal cultural resource treatment, the development shall not
line 19 be eligible for the streamlined, ministerial approval process
line 20 described in subdivision (c).
line 21 (D) For purposes of this paragraph, a scoping consultation shall
line 22 be deemed to be concluded if either of the following occur:
line 23 (i) The parties to the scoping consultation document an
line 24 enforceable agreement concerning methods, measures, and
line 25 conditions to avoid or address potential impacts to tribal cultural
line 26 resources that are or may be present.
line 27 (ii) One or more parties to the scoping consultation, acting in
line 28 good faith and after reasonable effort, conclude that a mutual
line 29 agreement on methods, measures, and conditions to avoid or
line 30 address impacts to tribal cultural resources that are or may be
line 31 present cannot be reached.
line 32 (E) If the development or environmental setting substantially
line 33 changes after the completion of the scoping consultation, the local
line 34 government shall notify the California Native American tribe of
line 35 the changes and engage in a subsequent scoping consultation if
line 36 requested by the California Native American tribe.
line 37 (3) A local government may only accept an application for
line 38 streamlined, ministerial approval pursuant to this section if one of
line 39 the following applies:
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line 1 (A) A California Native American tribe that received a formal
line 2 notice of the development proponent’s notice of intent to submit
line 3 an application pursuant to subclause (I) of clause (iii) of
line 4 subparagraph (A) of paragraph (1) did not accept the invitation to
line 5 engage in a scoping consultation.
line 6 (B) The California Native American tribe accepted an invitation
line 7 to engage in a scoping consultation pursuant to subclause (II) of
line 8 clause (iii) of subparagraph (A) of paragraph (1) but substantially
line 9 failed to engage in the scoping consultation after repeated
line 10 documented attempts by the local government to engage the
line 11 California Native American tribe.
line 12 (C) The parties to a scoping consultation pursuant to this
line 13 subdivision find that no potential tribal cultural resource will be
line 14 affected by the proposed development pursuant to subparagraph
line 15 (A) of paragraph (2).
line 16 (D) A scoping consultation between a California Native
line 17 American tribe and the local government has occurred in
line 18 accordance with this subdivision and resulted in agreement
line 19 pursuant to subparagraph (B) of paragraph (2).
line 20 (4) A project shall not be eligible for the streamlined, ministerial
line 21 process described in subdivision (c) if any of the following apply:
line 22 (A) There is a tribal cultural resource that is on a national, state,
line 23 tribal, or local historic register list located on the site of the project.
line 24 (B) There is a potential tribal cultural resource that could be
line 25 affected by the proposed development and the parties to a scoping
line 26 consultation conducted pursuant to this subdivision do not
line 27 document an enforceable agreement on methods, measures, and
line 28 conditions for tribal cultural resource treatment, as described in
line 29 subparagraph (C) of paragraph (2).
line 30 (C) The parties to a scoping consultation conducted pursuant
line 31 to this subdivision do not agree as to whether a potential tribal
line 32 cultural resource will be affected by the proposed development.
line 33 (5) (A) If, after a scoping consultation conducted pursuant to
line 34 this subdivision, a project is not eligible for the streamlined,
line 35 ministerial process described in subdivision (c) for any or all of
line 36 the following reasons, the local government shall provide written
line 37 documentation of that fact, and an explanation of the reason for
line 38 which the project is not eligible, to the development proponent
line 39 and to any California Native American tribe that is a party to that
line 40 scoping consultation:
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line 1 (i) There is a tribal cultural resource that is on a national, state,
line 2 tribal, or local historic register list located on the site of the project,
line 3 as described in subparagraph (A) of paragraph (4).
line 4 (ii) The parties to the scoping consultation have not documented
line 5 an enforceable agreement on methods, measures, and conditions
line 6 for tribal cultural resource treatment, as described in subparagraph
line 7 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
line 8 (iii) The parties to the scoping consultation do not agree as to
line 9 whether a potential tribal cultural resource will be affected by the
line 10 proposed development, as described in subparagraph (C) of
line 11 paragraph (4).
line 12 (B) The written documentation provided to a development
line 13 proponent pursuant to this paragraph shall include information on
line 14 how the development proponent may seek a conditional use permit
line 15 or other discretionary approval of the development from the local
line 16 government.
line 17 (6) This section is not intended, and shall not be construed, to
line 18 limit consultation and discussion between a local government and
line 19 a California Native American tribe pursuant to other applicable
line 20 law, confidentiality provisions under other applicable law, the
line 21 protection of religious exercise to the fullest extent permitted under
line 22 state and federal law, or the ability of a California Native American
line 23 tribe to submit information to the local government or participate
line 24 in any process of the local government.
line 25 (7) For purposes of this subdivision:
line 26 (A) “Consultation” means the meaningful and timely process
line 27 of seeking, discussing, and considering carefully the views of
line 28 others, in a manner that is cognizant of all parties’ cultural values
line 29 and, where feasible, seeking agreement. Consultation between
line 30 local governments and California Native American tribes shall be
line 31 conducted in a way that is mutually respectful of each party’s
line 32 sovereignty. Consultation shall also recognize the tribes’ potential
line 33 needs for confidentiality with respect to places that have traditional
line 34 tribal cultural importance. A lead agency shall consult the tribal
line 35 consultation best practices described in the “State of California
line 36 Tribal Consultation Guidelines: Supplement to the General Plan
line 37 Guidelines” prepared by the Office of Planning and Research.
line 38 (B) “Scoping” means the act of participating in early discussions
line 39 or investigations between the local government and California
line 40 Native American tribe, and the development proponent if
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line 1 authorized by the California Native American tribe, regarding the
line 2 potential effects a proposed development could have on a potential
line 3 tribal cultural resource, as defined in Section 21074 of the Public
line 4 Resources Code, or California Native American tribe, as defined
line 5 in Section 21073 of the Public Resources Code.
line 6 (8) This subdivision shall not apply to any project that has been
line 7 approved under the streamlined, ministerial approval process
line 8 provided under this section before the effective date of the act
line 9 adding this subdivision.
line 10 (c) (1) If a local government determines that a development
line 11 submitted pursuant to this section is in conflict with any of the
line 12 objective planning standards specified in subdivision (a), it shall
line 13 provide the development proponent written documentation of
line 14 which standard or standards the development conflicts with, and
line 15 an explanation for the reason or reasons the development conflicts
line 16 with that standard or standards, as follows:
line 17 (A) Within 60 days of submittal of the development to the local
line 18 government pursuant to this section if the development contains
line 19 150 or fewer housing units.
line 20 (B) Within 90 days of submittal of the development to the local
line 21 government pursuant to this section if the development contains
line 22 more than 150 housing units.
line 23 (2) If the local government fails to provide the required
line 24 documentation pursuant to paragraph (1), the development shall
line 25 be deemed to satisfy the objective planning standards specified in
line 26 subdivision (a).
line 27 (3) For purposes of this section, a development is consistent
line 28 with the objective planning standards specified in subdivision (a)
line 29 if there is substantial evidence that would allow a reasonable person
line 30 to conclude that the development is consistent with the objective
line 31 planning standards.
line 32 (d) (1) Any design review or public oversight of the
line 33 development may be conducted by the local government’s planning
line 34 commission or any equivalent board or commission responsible
line 35 for review and approval of development projects, or the city council
line 36 or board of supervisors, as appropriate. That design review or
line 37 public oversight shall be objective and be strictly focused on
line 38 assessing compliance with criteria required for streamlined projects,
line 39 as well as any reasonable objective design standards published
line 40 and adopted by ordinance or resolution by a local jurisdiction
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line 1 before submission of a development application, and shall be
line 2 broadly applicable to development within the jurisdiction. That
line 3 design review or public oversight shall be completed as follows
line 4 and shall not in any way inhibit, chill, or preclude the ministerial
line 5 approval provided by this section or its effect, as applicable:
line 6 (A) Within 90 days of submittal of the development to the local
line 7 government pursuant to this section if the development contains
line 8 150 or fewer housing units.
line 9 (B) Within 180 days of submittal of the development to the
line 10 local government pursuant to this section if the development
line 11 contains more than 150 housing units.
line 12 (2) If the development is consistent with the requirements of
line 13 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
line 14 is consistent with all objective subdivision standards in the local
line 15 subdivision ordinance, an application for a subdivision pursuant
line 16 to the Subdivision Map Act (Division 2 (commencing with Section
line 17 66410)) shall be exempt from the requirements of the California
line 18 Environmental Quality Act (Division 13 (commencing with Section
line 19 21000) of the Public Resources Code) and shall be subject to the
line 20 public oversight timelines set forth in paragraph (1).
line 21 (e) (1) Notwithstanding any other law, a local government,
line 22 whether or not it has adopted an ordinance governing automobile
line 23 parking requirements in multifamily developments, shall not
line 24 impose automobile parking standards for a streamlined
line 25 development that was approved pursuant to this section in any of
line 26 the following instances:
line 27 (A) The development is located within one-half mile of public
line 28 transit.
line 29 (B) The development is located within an architecturally and
line 30 historically significant historic district.
line 31 (C) When on-street parking permits are required but not offered
line 32 to the occupants of the development.
line 33 (D) When there is a car share vehicle located within one block
line 34 of the development.
line 35 (2) If the development does not fall within any of the categories
line 36 described in paragraph (1), the local government shall not impose
line 37 automobile parking requirements for streamlined developments
line 38 approved pursuant to this section that exceed one parking space
line 39 per unit.
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line 1 (f) (1) If a local government approves a development pursuant
line 2 to this section, then, notwithstanding any other law, that approval
line 3 shall not expire if the project includes public investment in housing
line 4 affordability, beyond tax credits, where 50 percent of the units are
line 5 affordable to households making at or below 80 percent of the area
line 6 median income.
line 7 (2) (A) If a local government approves a development pursuant
line 8 to this section and the project does not include 50 percent of the
line 9 units affordable to households making at or below 80 percent of
line 10 the area median income, that approval shall remain valid for three
line 11 years from the date of the final action establishing that approval,
line 12 or if litigation is filed challenging that approval, from the date of
line 13 the final judgment upholding that approval. Approval shall remain
line 14 valid for a project provided that vertical construction of the
line 15 development has begun and is in progress. For purposes of this
line 16 subdivision, “in progress” means one of the following:
line 17 (i) The construction has begun and has not ceased for more than
line 18 180 days.
line 19 (ii) If the development requires multiple building permits, an
line 20 initial phase has been completed, and the project proponent has
line 21 applied for and is diligently pursuing a building permit for a
line 22 subsequent phase, provided that once it has been issued, the
line 23 building permit for the subsequent phase does not lapse.
line 24 (B) Notwithstanding subparagraph (A), a local government may
line 25 grant a project a one-time, one-year extension if the project
line 26 proponent can provide documentation that there has been
line 27 significant progress toward getting the development construction
line 28 ready, such as filing a building permit application.
line 29 (3) If a local government approves a development pursuant to
line 30 this section, that approval shall remain valid for three years from
line 31 the date of the final action establishing that approval and shall
line 32 remain valid thereafter for a project so long as vertical construction
line 33 of the development has begun and is in progress. Additionally, the
line 34 development proponent may request, and the local government
line 35 shall have discretion to grant, an additional one-year extension to
line 36 the original three-year period. The local government’s action and
line 37 discretion in determining whether to grant the foregoing extension
line 38 shall be limited to considerations and processes set forth in this
line 39 section.
98
SB 6 — 31 — 105
line 1 (g) (1) (A) A development proponent may request a
line 2 modification to a development that has been approved under the
line 3 streamlined, ministerial approval process provided in subdivision
line 4 (b) if that request is submitted to the local government before the
line 5 issuance of the final building permit required for construction of
line 6 the development.
line 7 (B) Except as provided in paragraph (3), the local government
line 8 shall approve a modification if it determines that the modification
line 9 is consistent with the objective planning standards specified in
line 10 subdivision (a) that were in effect when the original development
line 11 application was first submitted.
line 12 (C) The local government shall evaluate any modifications
line 13 requested pursuant to this subdivision for consistency with the
line 14 objective planning standards using the same assumptions and
line 15 analytical methodology that the local government originally used
line 16 to assess consistency for the development that was approved for
line 17 streamlined, ministerial approval pursuant to subdivision (b).
line 18 (D) A guideline that was adopted or amended by the department
line 19 pursuant to subdivision (j) after a development was approved
line 20 through the streamlined ministerial approval process described in
line 21 subdivision (b) shall not be used as a basis to deny proposed
line 22 modifications.
line 23 (2) Upon receipt of the developmental proponent’s application
line 24 requesting a modification, the local government shall determine
line 25 if the requested modification is consistent with the objective
line 26 planning standard and either approve or deny the modification
line 27 request within 60 days after submission of the modification, or
line 28 within 90 days if design review is required.
line 29 (3) Notwithstanding paragraph (1), the local government may
line 30 apply objective planning standards adopted after the development
line 31 application was first submitted to the requested modification in
line 32 any of the following instances:
line 33 (A) The development is revised such that the total number of
line 34 residential units or total square footage of construction changes
line 35 by 15 percent or more.
line 36 (B) The development is revised such that the total number of
line 37 residential units or total square footage of construction changes
line 38 by 5 percent or more and it is necessary to subject the development
line 39 to an objective standard beyond those in effect when the
line 40 development application was submitted in order to mitigate or
98
— 32 — SB 6 106
line 1 avoid a specific, adverse impact, as that term is defined in
line 2 subparagraph (A) of paragraph (1) of subdivision (j) of Section
line 3 65589.5, upon the public health or safety and there is no feasible
line 4 alternative method to satisfactorily mitigate or avoid the adverse
line 5 impact.
line 6 (C) Objective building standards contained in the California
line 7 Building Standards Code (Title 24 of the California Code of
line 8 Regulations), including, but not limited to, building building,
line 9 plumbing, electrical, fire, and grading codes, may be applied to
line 10 all modifications.
line 11 (4) The local government’s review of a modification request
line 12 pursuant to this subdivision shall be strictly limited to determining
line 13 whether the modification, including any modification to previously
line 14 approved density bonus concessions or waivers, modify the
line 15 development’s consistency with the objective planning standards
line 16 and shall not reconsider prior determinations that are not affected
line 17 by the modification.
line 18 (h) (1) A local government shall not adopt or impose any
line 19 requirement, including, but not limited to, increased fees or
line 20 inclusionary housing requirements, that applies to a project solely
line 21 or partially on the basis that the project is eligible to receive
line 22 ministerial or streamlined approval pursuant to this section.
line 23 (2) A local government shall issue a subsequent permit required
line 24 for a development approved under this section if the application
line 25 substantially complies with the development as it was approved
line 26 pursuant to subdivision (c). Upon receipt of an application for a
line 27 subsequent permit, the local government shall process the permit
line 28 without unreasonable delay and shall not impose any procedure
line 29 or requirement that is not imposed on projects that are not approved
line 30 pursuant to this section. Issuance of subsequent permits shall
line 31 implement the approved development, and review of the permit
line 32 application shall not inhibit, chill, or preclude the development.
line 33 For purposes of this paragraph, a “subsequent permit” means a
line 34 permit required subsequent to receiving approval under subdivision
line 35 (c), and includes, but is not limited to, demolition, grading,
line 36 encroachment, and building permits and final maps, if necessary.
line 37 (3) (A) If a public improvement is necessary to implement a
line 38 development that is subject to the streamlined, ministerial approval
line 39 pursuant to this section, including, but not limited to, a bicycle
line 40 lane, sidewalk or walkway, public transit stop, driveway, street
98
SB 6 — 33 — 107
line 1 paving or overlay, a curb or gutter, a modified intersection, a street
line 2 sign or street light, landscape or hardscape, an above-ground or
line 3 underground utility connection, a water line, fire hydrant, storm
line 4 or sanitary sewer connection, retaining wall, and any related work,
line 5 and that public improvement is located on land owned by the local
line 6 government, to the extent that the public improvement requires
line 7 approval from the local government, the local government shall
line 8 not exercise its discretion over any approval relating to the public
line 9 improvement in a manner that would inhibit, chill, or preclude the
line 10 development.
line 11 (B) If an application for a public improvement described in
line 12 subparagraph (A) is submitted to a local government, the local
line 13 government shall do all of the following:
line 14 (i) Consider the application based upon any objective standards
line 15 specified in any state or local laws that were in effect when the
line 16 original development application was submitted.
line 17 (ii) Conduct its review and approval in the same manner as it
line 18 would evaluate the public improvement if required by a project
line 19 that is not eligible to receive ministerial or streamlined approval
line 20 pursuant to this section.
line 21 (C) If an application for a public improvement described in
line 22 subparagraph (A) is submitted to a local government, the local
line 23 government shall not do either of the following:
line 24 (i) Adopt or impose any requirement that applies to a project
line 25 solely or partially on the basis that the project is eligible to receive
line 26 ministerial or streamlined approval pursuant to this section.
line 27 (ii) Unreasonably delay in its consideration, review, or approval
line 28 of the application.
line 29 (i) (1) This section shall not affect a development proponent’s
line 30 ability to use any alternative streamlined by right permit processing
line 31 adopted by a local government, including the provisions of
line 32 subdivision (i) of Section 65583.2.
line 33 (2) This section shall not prevent a development from also
line 34 qualifying as a housing development project entitled to the
line 35 protections of Section 65589.5. This paragraph does not constitute
line 36 a change in, but is declaratory of, existing law.
line 37 (j) The California Environmental Quality Act (Division 13
line 38 (commencing with Section 21000) of the Public Resources Code)
line 39 does not apply to actions taken by a state agency, local government,
line 40 or the San Francisco Bay Area Rapid Transit District to:
98
— 34 — SB 6 108
line 1 (1) Lease, convey, or encumber land owned by the local
line 2 government or the San Francisco Bay Area Rapid Transit District
line 3 or to facilitate the lease, conveyance, or encumbrance of land
line 4 owned by the local government, or for the lease of land owned by
line 5 the San Francisco Bay Area Rapid Transit District in association
line 6 with an eligible TOD project, as defined pursuant to Section
line 7 29010.1 of the Public Utilities Code, nor to any decisions
line 8 associated with that lease, or to provide financial assistance to a
line 9 development that receives streamlined approval pursuant to this
line 10 section that is to be used for housing for persons and families of
line 11 very low, low, or moderate income, as defined in Section 50093
line 12 of the Health and Safety Code.
line 13 (2) Approve improvements located on land owned by the local
line 14 government or the San Francisco Bay Area Rapid Transit District
line 15 that are necessary to implement a development that receives
line 16 streamlined approval pursuant to this section that is to be used for
line 17 housing for persons and families of very low, low, or moderate
line 18 income, as defined in Section 50093 of the Health and Safety Code.
line 19 (k) For purposes of this section, the following terms have the
line 20 following meanings:
line 21 (1) “Affordable housing cost” has the same meaning as set forth
line 22 in Section 50052.5 of the Health and Safety Code.
line 23 (2) “Affordable rent” has the same meaning as set forth in
line 24 Section 50053 of the Health and Safety Code.
line 25 (3) “Department” means the Department of Housing and
line 26 Community Development.
line 27 (4) “Development proponent” means the developer who submits
line 28 an application for streamlined approval pursuant to this section.
line 29 (5) “Completed entitlements” means a housing development
line 30 that has received all the required land use approvals or entitlements
line 31 necessary for the issuance of a building permit.
line 32 (6) “Locality” or “local government” means a city, including a
line 33 charter city, a county, including a charter county, or a city and
line 34 county, including a charter city and county.
line 35 (7) “Moderate income housing units” means housing units with
line 36 an affordable housing cost or affordable rent for persons and
line 37 families of moderate income, as that term is defined in Section
line 38 50093 of the Health and Safety Code.
98
SB 6 — 35 — 109
line 1 (8) “Production report” means the information reported pursuant
line 2 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 3 65400.
line 4 (9) “State agency” includes every state office, officer,
line 5 department, division, bureau, board, and commission, but does not
line 6 include the California State University or the University of
line 7 California.
line 8 (10) “Subsidized” means units that are price or rent restricted
line 9 such that the units are affordable to households meeting the
line 10 definitions of very low and lower income, as defined in Sections
line 11 50079.5 and 50105 of the Health and Safety Code.
line 12 (11) “Reporting period” means either of the following:
line 13 (A) The first half of the regional housing needs assessment
line 14 cycle.
line 15 (B) The last half of the regional housing needs assessment cycle.
line 16 (12) “Urban uses” means any current or former residential,
line 17 commercial, public institutional, transit or transportation passenger
line 18 facility, or retail use, or any combination of those uses.
line 19 (l) The department may review, adopt, amend, and repeal
line 20 guidelines to implement uniform standards or criteria that
line 21 supplement or clarify the terms, references, or standards set forth
line 22 in this section. Any guidelines or terms adopted pursuant to this
line 23 subdivision shall not be subject to Chapter 3.5 (commencing with
line 24 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 25 Code.
line 26 (m) The determination of whether an application for a
line 27 development is subject to the streamlined ministerial approval
line 28 process provided by subdivision (c) is not a “project” as defined
line 29 in Section 21065 of the Public Resources Code.
line 30 (n) It is the policy of the state that this section be interpreted
line 31 and implemented in a manner to afford the fullest possible weight
line 32 to the interest of, and the approval and provision of, increased
line 33 housing supply.
line 34 (o) This section shall remain in effect only until January 1, 2026,
line 35 and as of that date is repealed.
line 36 SEC. 3. No reimbursement is required by this act pursuant to
line 37 Section 6 of Article XIIIB of the California Constitution because
line 38 a local agency or school district has the authority to levy service
line 39 charges, fees, or assessments sufficient to pay for the program or
line 40 level of service mandated by this act or because costs that may be
98
— 36 — SB 6 110
line 1 incurred by a local agency or school district will be incurred
line 2 because this act creates a new crime or infraction, eliminates a
line 3 crime or infraction, or changes the penalty for a crime or infraction,
line 4 within the meaning of Section 17556 of the Government Code, or
line 5 changes the definition of a crime within the meaning of Section 6
line 6 of Article XIIIB of the California Constitution.
O
98
SB 6 — 37 — 111
City of Huntington Beach
File #:21-254 MEETING DATE:4/5/2021
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 the 2020 Housing Element Annual Progress Report (APR) and forward to the
California Department of Housing and Community Development (HCD) and Governor’s Office
of Planning and Research (OPR)
Statement of Issue:
State law requires that all cities and counties create an annual progress report that describes that
community’s progress toward implementing their Housing Element. Staff has prepared the Housing
Element Annual Progress Report (APR) for the 2020 calendar year for City Council approval. Filing
an APR is an eligibility requirement to receive state SB 2 funding for homelessness response
programs as well as other regional and state funding sources.
Financial Impact:
There is no financial impact to filing this report. By meeting this and other eligibility requirements, the
City may continue to apply for state and regional grant funds.
Recommended Action:
Approve the 2020 Housing Element Progress Report and forward to the California Department of
Housing and Community Development and Governor’s Office of Planning and Research.
Alternative Action(s):
Do not approve the 2020 Housing Element Progress Report and direct staff accordingly.
Analysis:
The Housing Element Annual Progress Report represents a state-mandated report on the progress of
the Housing Element. Section 65400 of the California Government Code establishes a requirement
for each jurisdiction to prepare an annual report on the status of the Housing Element and the
progress in its implementation, which is then submitted to the Department of Housing and
Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
Until January 1, 2018, charter cities were exempt from preparing and submitting an annual progress
report; however, the City still submitted the report in order to be eligible for state funding programs,
City of Huntington Beach Printed on 3/31/2021Page 1 of 2
powered by Legistar™112
File #:21-254 MEETING DATE:4/5/2021
report; however, the City still submitted the report in order to be eligible for state funding programs,
such as housing-related park funds.
Staff has prepared the report utilizing the forms adopted by HCD in accordance with the California
Code of Regulations. A copy of the report is provided as Attachment No. 1.
Environmental Status:
The Housing Element Progress Report is exempt under Section 15061(b)(3) of the CEQA guidelines,
which exempts activities where it can be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. 2020 Housing Element Annual Progress Report
City of Huntington Beach Printed on 3/31/2021Page 2 of 2
powered by Legistar™113
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Notes
2 3 4 6 7 8 9 10
Prior APN+Current APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Notes+
Summary Row: Start Data Entry Below 33 0 9 0 0 0 5 47 48 0 0
0
178-041-20 3817 Mistral SFD Hunt. Harbour SFD O 1/31/2020 1 1 1 No SFD
178-654-11 16931 Coral Cay
Lane SFD Hunt. Harbour SFD O 4/28/2020 1 1 1 No SFD
024-124-18 714 PCH PCH Mixed Use 2 to 4 R 5/13/2020 3 3 3 No Mixed Use
023-167-04 1620 PCH Kelter Development 2 to 4 O 12/20/2019 4 4 4 No
159-031-18 18431 Beach Blvd Jamboree Senior Housing 5+R 5/13/2020 33 9 42 43 No 33 Extremely Low Income
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Housing Development Applications Submitted
Table A
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
51
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes
114
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21
Prior APN+Current APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate- Income Non Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed Restricted
Moderate- Income Non Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued Certificates of
Occupancy or other forms of readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(see instructions)
Deed Restriction
Type
(see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction
(years) (if affordable in
perpetuity enter 1000)+
Number of
Demolished/De
stroyed Units+
Demolished or
Destroyed
Units+
Demolished/D
estroyed Units
Owner or
Renter+
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 7 0 13 0 9 53 82 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0
142-353-03 7032 Stonewood ADU ADU R
0
1 6/2/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
025-181-16 719 Owen Dr ADU ADU R
0
1 3/17/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
107-653-19 16721 Landau Ln ADU ADU R
0
1 6/25/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
195-063-51 14895 Sunnycrest
Ln ADU ADU R
0
1 7/19/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
145-121-20 15535 Sunburst Ln ADU ADU R
0
1 7/27/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
178-122-13 4662 Operetta Dr ADU ADU R
0
1 3/9/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
155-151-09 10129 Lightbreeze
Cir SFD SFD O 0 1 8/6/2020 1 0 N
155-151-07 10149 Lightbreeze
Cir SFD SFD O 0 1 6/30/2020 1 0 N
155-151-08 10139 Lightbreeze
Cir SFD SFD O 0 1 6/30/2020 1 0 N
155-151-14 10138 Lightbreeze
Cir SFD SFD O
0
1 6/30/2020 1 0 N
155-151-18 10178 Lightbreeze
Cir SFD SFD O 0 1 6/22/2020 1 0 N
155-151-05 10169 Lightbreeze
Cir SFD SFD O
0
1 6/22/2020 1 0 N
155-151-11 10109 Lightbreeze
Cir SFD SFD O
0
1 10/19/2020 1 0 N
155-151-04 10179 Lightbreeze
Cir SFD SFD O 0 1 6/22/2020 1 0 N
155-151-10 10119 Lightbreeze
Cir SFD SFD O 0 1 6/30/2020 1 0 N
155-151-15 10148 Lightbreeze
Cir SFD SFD O 0 1 6/30/2020 1 0 N
155-151-17 10168 Lightbreeze
Cir SFD SFD O 0 1 6/22/2020 1 0 N
155-151-06 10159 Lightbreeze
Cir SFD SFD O 0 1 6/22/2020 1 0 N
025-053-05 1001 Huntington St SFD SFD O 0 1 8/18/2020 1 0 N
025-053-05 1003 Huntington St SFD SFD O 0 1 8/18/2020 1 0 N
163-123-02 17112 Bolsa Chica
St SFD SFD O 0 1 6/25/2020 1 0 N
024-164-34 302 3rd St SFD SFD O 0 1 7/8/2020 1 0 N
024-151-34 120 7th St SFD SFD O 0 1 1/13/2020 1 0 N
195-215-23 5802 Windbourne
Dr SFD SFD O 0 1 3/10/2020 1 0 N
195-215-22 5812 Windbourne
Dr SFD SFD O 0 1 3/10/2020 1 0 N
195-215-21 14472 Windfall Ln SFD SFD O 0 1 3/10/2020 1 0 N
195-215-20 14462 Windfall Ln SFD SFD O 0 1 3/10/2020 1 0 N
195-215-19 14452 Windfall Ln SFD SFD O 0 1 3/10/2020 1 0 N
195-215-27 5762 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-26 5772 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-25 5782 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-24 5792 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-44 5791 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-45 5781 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-46 5771 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-47 5761 Windbourne
Dr SFD SFD O 0 1 5/5/2020 1 0 N
195-215-28 5752 Windbourne
Dr
SFD SFD O 0 1 5/5/2020 1 0 N
195-215-48 5751 Windbourne
Dr SFD SFD O 0 1 6/4/2020 1 0 N
195-215-49 5741 Windbourne
Dr SFD SFD O 0 1 6/4/2020 1 0 N
195-215-50 5731 Windbourne
Dr SFD SFD O 0 1 6/4/2020 1 0 N
195-215-51 5721 Windbourne
Dr SFD SFD O 0 1 6/4/2020 1 0 N
178-523-11 16637 S Pacific
Ave SFD SFD O 0 1 7/13/2020 1 0 N
024-231-56 632 Indianapolis
Ave SFD SFD O 0 1 6/15/2020 1 0 N
024-231-56 634 Indianapolis
Ave ADU ADU R
0
1 10/5/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-162-16 222 2nd St SFD SFD O 0 1 4/7/2020 1 0 N
024-162-16 224 2nd St SFD SFD O 0 1 4/7/2020 1 0 N
024-162-37 226 2nd St SFD SFD O 0 1 4/7/2020 1 0 N
023-263-17 6691 Country Cir SFD SFD O 0 1 6/23/2020 1 0 N
146-054-26 16282 Santa Anita
Ln SFD SFD O 0 1 2/18/2020 1 0 N
142-083-13 7851 Holt Dr 2 to 4 R 0 4 7/15/2020 4 0 N inclusionary satisfied
through in-lieu fees
024-162-20 204 2nd St SFD SFD O 0 1 12/9/2020 1 0 N
024-222-10 412 California St SFD SFD O 0 1 6/11/2020 1 0 N
195-202-14 14371 Hammon Ln SFD SFD O 0 1 10/14/2020 1 0 N
178-523-12 16641 S Pacific
Ave SFD SFD O
0
1 11/5/2020 1 0 N
024-071-05 819 Main St ADU ADU R
0
1 7/8/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
110-342-06 17426 Lido Ln ADU ADU R
0
1 8/4/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-164-34 302 3rd St SFD SFD O 0 1 7/8/2020 1 0 N
142-092-02 7866 MacDonald
Dr ADU ADU R
0
1 7/2/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
148-042-12 21254 Banff Ln ADU ADU R
0
1 5/5/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
153-191-30 9875 Frederick Cir ADU ADU R
0
1 8/14/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-204-14 108 Alabama St ADU ADU R
0
1 7/8/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-093-38 603 8th St #101 ADU ADU R
0
1 9/1/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
023-094-15 728 14th St ADU ADU R
0
1 6/12/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
023-074-05 1827 Lake St ADU ADU R
0
1 2/21/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
023-321-11 6875 Presidio Dr ADU ADU R
0
1 5/5/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-162-20 204 2nd St #201 ADU ADU R
0
1 12/9/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
107-612-11 8336 Bryant Dr ADU ADU R
0
1 3/3/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
151-041-34 9196 Paddock Cir ADU ADU R
0
1 7/1/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-117-30 222 9th St #201 ADU ADU R
0
1 6/11/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
107-395-06 8284 Brush Dr ADU ADU R
0
1 11/13/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
151-322-01 20624 Goshawk
Ln ADU ADU R
0
1 6/3/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
1
Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy
4 7 10
(CCR Title 25 §6202)
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier
115
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Note: "+" indicates an optional field
024-061-36 931 10th St #101 ADU ADU R
0
1 8/28/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
151-342-15 8073 Ebbtide Cir ADU ADU R
0
1 9/30/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
153-383-26 9603 Pollack Dr ADU ADU R
0
1 9/16/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
023-064-04 1731 Pine St ADU ADU R
0
1 12/2/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
151-361-20 20886 Catamaran
Ln ADU ADU R
0
1 12/4/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
023-071-04 1735 Lake St ADU ADU R
0
1 7/21/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
157-382-15 8326 Magic Cir ADU ADU R
0
1 9/14/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
024-221-23 514 California St
#101 ADU ADU R
0
1 9/3/2020 1 0 N Based on SCAG HCD certified
ADU analysis for Orange County
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116
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation
(CCR Title 25 §6202)
1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted 10 40
Non-Deed Restricted 7
Deed Restricted 1 37 8
Non-Deed Restricted 1 13
Deed Restricted 79 49 14 78 18 1
Non-Deed Restricted 3 2 7 12 22 9
Above Moderate 572 761 469 264 768 249 55 135 53 2754
1353
852 595 281 856 274 67 158 82 3165 416
Note: units serving extremely low-income households are included in the very low-income permitted units totals
Cells in grey contain auto-calculation formulas
57
This table is auto-populated once you enter your jurisdiction name and current year data. Past
year information comes from previous APRs.
294Moderate
313
220
248
Please contact HCD if your data is different than the material supplied here
60
2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
256
160
Total RHNA
Total Units
Income Level
Very Low
Low
117
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation
Date of Rezone Type of Shortfall
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate-
Income
Type of Shortfall Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
462 463
167-472-09 17642 Beach 2/3/2020 40 Shortfall of Sites 0.79 M-sp SP14 N/A N/A 40 Non-Vacant Navigation Center
159-031-18 18431 Beach 2/3/2020 43 Shortfall of Sites 0.78 M-sp SP14 N/A N/A 43 Vacant
159-121-26; 159-121-
25
18700 Delaware 2/3/2020 135 Shortfall of Sites 2 M-sp SP14 N/A N/A 135 Vacant
159-121-38; 159-121-
37
18811 Florida 2/3/2020 135 Shortfall of Sites 2 M-sp SP14 N/A N/A 136 Non-Vacant parking lot
153-051-11 19432 Beach 2/3/2020 40 Shortfall of Sites 1 M-sp SP14 N/A N/A 40 Vacant
025-180-21 19471 Beach 2/3/2020 34 Shortfall of Sites 0.46 M-sp SP14 N/A N/A 34 Non-Vacant retail
025-180-23 19431 Beach 2/3/2020 35 Shortfall of Sites 0.93 M-sp SP14 N/A N/A 35 Non-Vacant unoccupied office building
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Summary Row: Start Data Entry Below
83
Project Identifier RHNA Shortfall by Household Income Category Sites Description
1
Sites Identified or Rezoned to Accommodate Shortfall Housing Need
Table C
118
Jurisdiction Huntington Beach
Reporting Year 2020 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
Housing Rehab Loan
Program
Assist 20 lower income households
annually, or 160 over planning period 2013-2021
Between, FY 205-16 and 2019-20, the City has assisted 41 lower income
households through the housing rehab loan and owner-occupied SF, Condo,
and Mobile Home Grant Program.
MFR Acquisition/Rehab
through Non-Profit
Developers
Acquire, rehabilitate, and establish
affordability covenants on 20 to 40
rental units
2013-2021 The City has assisted in the acquisition/rehab and establishment of affordability
covenants of 13 units within two projects.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
119
Neighborhood
Preservation
Conduct improvement activities in
CDBG target areas. Conduct public
forums for residents to discuss specific
neighborhood issues and provide
information on resources including
rehabilitation assistance
Conduct neighborhood
forums on a monthly
basis. Analyze CE
complaint data on a
monthly basis
The City has maintained two full time code enforcement officers in the CDBG
target areas throughout the planning period. During the 2018 calendar year, 3,591
inspections were conducted and 3,279 cases were successfully abated. The City
has also funded improvements to the Oak View Family
Resource Center. The Oak View Task Force continues to have quarterly meetings.
Preservation of Assisted
Housing
Continue to monitor Section 8 contract
renewals in
Huntington Villa Yorba and Huntington
Gardens. As
necessary, explore outside funding and
preservation
options; offer preservation incentives to
owners;
provide technical assistance and
education to affected
tenants.
Contact property owners
at least six months prior to
Section 8 contract
renewals
In December 2013, the Huntington Beach City Council
conducted a public hearing under the Tax and Equity
Fiscal Responsibility Act (TEFRA) in support of a taxexempt
bond issuance by the California Statewide
Communities Development Authority (CSCDA) for the
acquisition of Huntington Villa Yorba by Preservation
Partners Management Group. A second TEFRA
hearing was held by the City in August 2015 to
approve the issuance of $13 million in bonds to allow
the new property owner to refinance the property at a
lower interest rate and maintain its affordability.
Preservation Partners has agreed to the preservation
of all 192 units - 10% at 50% area median income
(AMI), and 90% at 60% AMI.
120
Rental Assistance -
Section 8
Continue current levels of Section 8;
coordinate with
OCHA; encourage landlords to register
units
2013-2021
Since February 2015, a total of 1,008 Huntington Beach households each year
receive tenant-based Housing Choice Vouchers: 58 of these were for Veterans
Affairs Supportive Housing Vouchers, 33 were Family Unification Vouchers, and
45 were Shelter Plus Care Vouchers for formerly homeless
disabled households. Based on HUD regulations, 75 percent of households
admitted to the program must have incomes less than 30 percent of the area
median, making Section 8 a key way in which the City addresses the needs of
extremely low income households.
Rental Assistance - TBRA
Initiate local TBRA program, with goal to
assist 168
households, with preference given to
veterans, seniors
and victims of domestic violence.
Initiate local TBRA
program in FY 2015-16
Since the inception of the TBRA program, the City has partnered with three TBRA
contractors including Interval House, Mercy House and Families Forward. The
program will continue to target homeless, persons at risk of homelessness,
veterans, seniors, and victims of domestic violence in Huntington Beach. To date,
the program has assisted 246 households.
Mobile Home Park
Preservation
Implement MHP Conversion Ordinance.
Utilize
Advisory Board to assist in resolving
issues. Provide
tenants info on MPROP funding. Assist
tenants with
subdivision map waiver process
2013-2021
The Mobile Home Advisory Board continues to meet quarterly and is made up of
MHP owners, residents and at-large citizens; in 2014, the City adopted a Senior
Residential mobile Home Park Overlay and designated 8 mobile home parks in the
City with the objective to retain existing affordable housing options for seniors
121
Residential and Mixed Use
Inventory
Maintain current inventory of vacant and
underutilized
development sites, and provide to
developers along
with information on incentives. Monitor
sites to ensure
an adequate inventory is maintained to
accommodate
the RHNA, including rezoning as
necessary.
2013-2021; Review sites
annually throughout the
planning period
In 2020, the City adopted an amendment to the Housing Element, which included a
review of the residential sites inventory. Sites were updated as
necessary. The Housing Element including the sites inventory continues to be
made available on the City's website and at the zoning counter. The City also
tracks vacant sites citywide through GIS. The vacant sites inventory is updated
periodically.
Adequate Sites Program
1) Draft zoning text amendment to define
Affordable
Housing Overlay in BECSP; 2) Conduct
public
hearings on BECSP Amendment 3)
Commence
comprehensive review and revision of
the BECSP
Amend BECSP
concurrently with the
Housing Element
Amendment by March
2020
In Feb. 2020, the City adopted an amendment to the
BECSP to implement this program.
Development Fee
Assistance
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% ELI units.
2013-2021. Modify the
Code in 2020 for ELI units
The City's inclusionary ordinance has provisions that
allow for projects that exceed inclusionary
requirements on-site to be eligible for reduced City
fees. In 2013, the City provided over one million
dollars in Development Impact Fee exemptions for a
78- unit affordable rental project (8 ELI, 32 VL, 37
Low).
122
Residential Processing
Procedures
Provide non-discretionary development
review for sites
in the Affordable Housing Overlay within
the Beach
and Edinger Corridors Specific Plan.
Adopt
streamlined review procedures for multi-
family
development on a Citywide basis
Initiate study of
streamlined procedures in
2015 and
adopt by 2021
The City adopted an Affordable Housing Overlay in the
BECSP which provides for non-discretionary project
approval for residential projects with a minimum of
20% lower income units on-site. In 2018, the City
commenced a multi-phased comprehensive zoning
code update. The City has completed two phases to
date and will evaluate streamlined review procedures
for multi-family development for inclusion in future
phases.
Zoning for Transitional
and
Supportive Housing
Provide for transitional and supportive
housing within
the CV zone. Prepare a Policy Memo to
clarify such
uses are to be accommodated within
zone districts
similar to other residential uses within
the Beach and
Edinger Corridors, Downtown and Bella
Terra specific
plans
Prepare Policy Memo in
2014 and modify the Code
by
2020. Incorporate
language into specific
plans in
conjunction with future
plan amendments
Residential is not a permitted use within the CV
General Plan land use designation. As such, the code
has not been amended. While the City has not
amended the specific plans to expressly add
supportive and transitional housing uses, the City
treats these uses as residential uses for zoning
purposes and would permit them in the same way
residential uses are permitted. As an example, the
City recently approved funding toward the acquisition
of a property in the BECSP to be developed with
affordable housing with supportive services.
Fair Housing
Contract with Fair Housing provider;
invite to speak at
public events; assist in distributing
brochures in
community locations. Provide walk-in
fair housing
counseling at City Hall on a monthly
basis.
At least annually, invite
fair housing contractor to
City
events and distribute
brochures in community
locations. Offer monthly
walk-in clinic.
The Fair Housing Foundation (FHF) assists
approximately 500 Huntington Beach residents
annually with issues regarding tenant/landlord matters,
and handles over a dozen fair housing cases each
year on behalf of residents. In addition to the
availability of counselors by toll-free telephone number
and walk-in assistance at one of their two offices
Monday-Friday, FHF also provides on-site walk-in
counseling at Huntington Beach City Hall one time per
month. FHF also regularly schedules certification and
training programs locally for apartment owners and
managers.
123
Housing Opportunities for
Persons
Living with Developmental
Disabilities
Work with OCRC to publicize
information on
resources. Pursue State and Federal
funding; meet
with current affordable housing
providers regarding
options to serve disabled population in
existing
housing; contact supportive housing
providers re:
expanding the supply of housing for the
developmentally disabled
Pursue funds for
supportive housing and
services at
least twice during
planning period. Continue
to meet
with current housing
providers and contact
supportive
housing providers as part
of Huntington Beach
Homeless Collaborative
monthly meetings
The City regularly meets with a variety of housing
providers and supports a various programs that
address shelter and transitional housing needs of
homeless individuals and families. The City has not
obtained funding specific to this program, but will
continue to monitor funding opportunities/availability
and pursue funding if feasible.
Homeless Assistance
Continue participation in Regional
Committee for the
Continuum of Care. Annually allocate
funds to
agencies serving the homeless and at-
risk population.
Maintain a City Homeless Coordinator to
serve as the
City's point person on homelessness
Attend periodic meetings
of County Regional
Committee. Annually
allocate CDBG funds.
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 and
Collette's Children's Home transitional housing for
battered/homeless mothers with children; American
Family Housing transitional housing and supportive
housing rental assistance; Project Self-Sufficiency
transitional housing for single parent families; and
tenant-based rental assistance (TBRA) for homeless
and persons at imminent risk of homelessness.
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).
124
Project Self Sufficiency Assist 90 households annually 2013-2021
Effective March 1, 2018, the Project Self Sufficiency
program began operating independently as a nonprofit
program, separate from the City of Huntington
Beach. Although the City still provides some funding
to the program, it now assist families in communities
throughout the County including Huntington Beach.
Green Building and
Sustainability
Provide education/outreach to residents
and
development community on new Green
Building
Program. Implement comprehensive
“HB Goes Green
Program” to promote sustainable energy
and water
conservation, recycling, open space and
transportation
practices
2013-2021
Many green/sustainable programs have been
implemented and marketed to the public citywide
including: a Sustainable Business Certification
Program, Recycling Market Development Zone,
streamlined permitting for EV chargers, and expedited
solar plan review. The City also provides information
on programs and incentives of other agencies and
companies on its website. In addition, in 2017, the
City adopted a qualified Greenhouse Gas Reduction
Program that would allow for streamlined CEQA
review for development projects.
125
Annual Progress Report January 2020
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2020 (Jan. 1 - Dec. 31)Housing Element Implementation
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7
Table E
Note: "+" indicates an optional field
Project Identifier
1 2
(CCR Title 25 §6202)
Cells in grey contain auto-calculation
formulas
126
Annual Progress Report January 2020
Jurisdiction Huntington Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2020 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Extremely Low-
Income+Very Low-Income+Low-Income+TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+Low-Income+TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with
the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are
considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be
counted, please contact HCD to receive the password that will enable you
to populate these fields.The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)
127
Jurisdiction Huntington Beach
Reporting Period 2020 (Jan 1 - Dec 31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
2 3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Realistic Capacity Identified in the
Housing Element
Entity to whom the site transferred Intended Use for Site
1
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of
Project Identifier
NOTE: This table must only be filled out if the housing element sites
inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during
the reporting year.
128
Jurisdiction Huntington Beach
Note: "+" indicates
an optional field
Reporting Period 2020
(Jan. 1 - Dec.
31)
Cells in grey
contain auto-
calculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres)Notes
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
129
Jurisdiction Huntington Beach
Reporting Year 2020 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2)
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0
0
Current Year
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 13
Deed Restricted 0
Non-Deed Restricted 9
53
82
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0
0
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section
50515.02 or 50515.03, as applicable.
-$
Task Status
Total Units
Certificate of Occupancy Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
130
City of Huntington Beach
File #:21-235 MEETING DATE:4/5/2021
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:
Adopt Resolution No. 2021-21 designating the Chief Financial Officer, the City Treasurer, the
Assistant Chief Financial Officer, and the Finance Manager-Treasury as persons authorized to
execute Financial Transactions in the name of the City of Huntington Beach
Statement of Issue:
Public law requires that the City Council designate the persons authorized to execute financial
transactions in the name of the City of Huntington Beach. City Council authorization is requested to
update the list and titles of persons designated to transact on the City’s behalf.
Financial Impact:
There is no fiscal impact associated with these changes.
Recommended Action:
Adopt Resolution No. 2021-21, “A Resolution of the City Council of the City of Huntington Beach
Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, City Treasurer,
Assistant Chief Financial Officer, and Finance Manager-Treasury as Persons Authorized to Execute
Financial Transactions in the Name of the City of Huntington Beach.”
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Public law requires that the City Council designate the persons authorized to execute financial
transactions in the name of the City of Huntington Beach. City Council authorization is requested to
update the list and titles of persons designated to transact on the City’s behalf.
Currently, the Assistant City Manager, City Treasurer, Finance Manager-Budget, Finance Manager-
Accounting Services, and Finance-Manager-Treasury are authorized to execute financial transactions
on the City’s behalf. Due to recent vacancies and title changes for staff, it is recommended the
resolution be updated to amend signers to reflect and record these changes with the Office of the
City of Huntington Beach Printed on 3/31/2021Page 1 of 2
powered by Legistar™131
File #:21-235 MEETING DATE:4/5/2021
City Clerk.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-21, “A Resolution of the City Council of the City of Huntington Beach
Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, City
Treasurer, Assistant Chief Financial Officer, and Finance Manager-Treasury as Persons
Authorized to Execute Financial Transactions in the Name of the City of Huntington Beach.”
City of Huntington Beach Printed on 3/31/2021Page 2 of 2
powered by Legistar™132
133
134
City of Huntington Beach
File #:21-261 MEETING DATE:4/5/2021
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 No. 2021-22 declaring Weeds and Rubbish a nuisance on specific
properties and fixing May 3, 2021, at 6:00pm for hearing protests and objections to the
abatement thereof
Statement of Issue:
In preparation for one-time abatement, where necessary, the City annually identifies undeveloped,
privately-owned land parcels in the city that have or will potentially accumulate weeds and/or rubbish.
As the first step in the abatement process, and following California code to allow for cost recovery,
the identified properties are declared by resolution to be a public nuisance.
Financial Impact:
No funding is required for this action.
Recommended Action:
Adopt Resolution No. 2021-22, “A Resolution of the City Council of the City of Huntington Beach
Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited
on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests
and Objections to the Abatement Thereof.”
Alternative Action(s):
Do not adopt the resolution and direct staff to take a different course of action.
Analysis:
The California Government Code includes a provision allowing local governments to declare weeds
and rubbish a public nuisance as a precursor to abatement. Pursuant to this provision, the City of
Huntington Beach has adopted Chapter 8.16 Weed Abatement into the Municipal Code. The chapter
requires that, “all persons owning any real property within the City keep said property free from
weeds . . . or other flammable materials that endanger public safety by creating a fire hazard.”
In accordance with HBMC Section 8.16.020 Nuisance Declared, the City Attorney’s Office has
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prepared a resolution declaring that certain weeds, rubbish, and refuse deposited on specific
properties are a public nuisance, with provisions for posting of notice and abatement of said
nuisance. The resolution fixes May 3, 2021, at 6:00 p.m., as the date and time for the hearing of
objections to the abatement of said nuisance. Exhibit A of the resolution identifies the privately
owned, undeveloped properties that are currently or potentially in violation of the Municipal Code.
Environmental Status:
The removal of weeds, refuse, and rubbish from undeveloped private properties is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15301(h), which exempts the maintenance of existing landscaping and native growth.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-22, “A Resolution of the City Council of the City of Huntington Beach
Finding and Declaring that Certain Weeds Growing in the City, and Rubbish and Refuse
Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for
Hearing Protests and Objections to the Abatement Thereof,” including Exhibit A: 2021 Weed
Abatement - Vacant Parcels Private Ownership
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2021 Vacant Parcels Private Ownership Reso. No. 2021-22 Exhibit A
APN LOCATION SIZE SQ. FT.
023-093-28 CORNER 14TH & MAIN 59 x 105 6,664
023-114-14 S/E CORNER 20TH & ACACIA 117.5 X 50 5,875
024-123-08 N/E CORNER PCH & 8TH 150.7 X 74.5 11,788
024-124-16 PCH BTW 7TH & 8TH 25 X 110 2,750
023-124-04 S/SIDE 20TH BTW PECAN & ORANGE 50 X 117.5 5,875
023-124-28 S/SIDE 20TH @ PECAN 100 X 117.5 11,750
023-124-29 S/SIDE 20TH @ PECAN 100 X 117.5 11,750
023-124-30 S/SIDE 20TH @ PECAN 100 X 117.5 11,750
023-124-31 S/SIDE 20TH @ PECAN 100 X 117.5 11,750
023-127-27 S/SIDE 21ST BTW OLIVE & ORANGE 117.5 X 25 2,938
023-134-12 N/SIDE 19TH BTW OLIVE & WALNUT 25 X 95 2,375
023-137-02 S/SIDE 21ST BTW PCH & WALNUT 117.5 X 37.5 4,406
023-141-17 S/E CORNER 19TH & ACACIA 117.5 X 50 5,875
023-147-24 N/W CORNER ACACIA & 16TH 117.5 X 25 2,938
023-147-25 N/W CORNER ACACIA & 16TH 117.5 X 25 2,938
023-156-14 N/SIDE 17TH BTW OLIVE & ORANGE 117.5 X 25 2,938
023-167-04 CORNER OF 17TH AND PCH 163 X 50 8,150
023-167-16 CORNER OF 16TH AND PCH 163 X 25 4,075
024-011-25 14th @ ACACIA 25 X 117.5 2,938
024-107-09 N/W CORNER 8TH & PECAN 50 X 117.5 5,875
024-123-07 N/SIDE OF 8TH ST; BTW PCH & WALNUT 62.5 X 117.5 7,343
024-134-04 S SIDE OF MAIN STREET, N OF ORANGE 75 X 117.5 8,813
024-134-05 S SIDE OF MAIN STREET, N OF ORANGE ODD 10,693
024-134-15 TRIANGLE E/S LAKE BTW ALLEY & ORANGE ODD 5,640
024-142-22 N/SIDE 5TH BTW OLIVE & ORANGE 25 X 107.5 2,688
024-144-10 3RD ST, BTW OLIVE AND ORANGE 117.5x 75 8,812
024-151-29 PCH SO. CORNER OF 7TH 100 X 108 10,800
024-162-04 1ST ST S OF OLIVE 25 X 117.5 2,937
025-107-12 S/W CORNER CALIFORNIA & KNOXVILLE 27 X 127.5 3,443
025-180-13 E/SIDE BEACH SO. OF WILLIAMS 125 X 75 9,375
025-180-15 S/SIDE WILLIAMS WEST OF BEACH 300 X 120 36,000
107-665-13 SARU @ MINORU ODD 2,551
107-691-20 SE CORNER BEACH & TERRY 150X150 22,500
110-021-23 WARNER @ SANDRALEE ODD 6,500
110-151-10 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-151-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-152-07 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-152-09 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-152-23 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-153-05 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-162-19 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-163-17 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-164-06 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-164-08 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-164-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-164-12 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-164-15 ENCYCLOPEDIA - N/OF ELLIS 112 X 50 5,600
110-164-18 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-165-05 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
Page 1 of 3139
2021 Vacant Parcels Private Ownership Reso. No. 2021-22 Exhibit A
APN LOCATION SIZE SQ. FT.
110-181-05 ENCYCLOPEDIA - N/OF ELLIS 112 x 25 2,800
110-182-03 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-182-11 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-184-04 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-184-10 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-186-04 ENCYCLOPEDIA - N/OF ELLIS 112 X 50 5,600
110-186-07 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-186-09 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-186-14 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-186-16 ENCYCLOPEDIA - N/OF ELLIS 112 X 25 2,800
110-211-01 W/SIDE GOLDENWEST S/OF ELLIS 25 X 87 2,175
110-211-04 W/SIDE GOLDENWEST S/OF ELLIS 25 X 87 2,175
110-211-05 W/SIDE GOLDENWEST S/OF ELLIS 175 X 87 15,225
111-022-07 S/SIDE OF WARNER, E/OF GOTHARD 97.5 X 80 7,800
111-074-02 NE Corner Garfield & Gothard ODD 362,870
111-120-11 N/E CORNER GARFIELD & GOLDENWEST 20 X 100 2,000
111-120-12 N/E CORNER GARFIELD & GOLDENWEST 115 X 50 5,750
111-130-09 S/E CORNER GARFIELD & GOLDENWEST 100 x 117 11,700
111-130-10 S/E CORNER GARFIELD & GOLDENWEST 50 X 117 5,850
111-130-39 S/E CORNER GARFIELD & GOLDENWEST 51 X 117 5,851
111-140-28 E/SIDE STEWART S/OF GARFIELD ---------10,875
111-140-29 E/SIDE STEWART S/OF GARFIELD ---------10,875
111-140-30 E/SIDE STEWART S/OF GARFIELD ---------10,875
111-140-31 E/SIDE STEWART S/OF GARFIELD ---------10,875
111-140-32 E/SIDE STEWART S/OF GARFIELD ODD ~
111-140-33 E/SIDE STEWART S/OF GARFIELD ODD ~
111-150-47 GARFIELD E/OF GOTHARD 127 X 175 22,225
142-172-01 S/SIDE HEIL @ BEACH ODD 7,600
145-092-27 ROYALIST W OF PLYMOUTH 36 X 100 3,700
146‐221‐17 SW CORNER BOLSA CHICA/ HAIL 121 X 132 16,988
146-311-17 NW CORNER WARNER AND LARK 120 x 177 21,240
146-463-14 S/E CORNER GOLDENWEST & EDINGER 150 X 120 18,000
153-051-11 E/S BEACH N/OF YORKTOWN 100 X 442 44,200
153-051-12 YORKTOWN EAST OF BEACH 100x190 19,001
153-201-27 S/SIDE GARFIELD W/O BROOKHURST 75 X 400 30,000
159-031-18 W/SIDE BEACH N/OF MAIN ---------34,284
159-151-15 GARFIELD E/OF DELAWARE 75 X 100 7,499
159-151-16 GARFIELD E/OF DELAWARE 77 x 150 11,550
159-282-14 N/SIDE CLAY BTW HOLLY AND HUNTINGTON --------- 49,800
159-393-14 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-17 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-18 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-24 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-29 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-44 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-45 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-46 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-49 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-56 ENCYCLOPEDIA - S/SIDE ELLIS ODD 14,000
Page 2 of 3140
2021 Vacant Parcels Private Ownership Reso. No. 2021-22 Exhibit A
APN LOCATION SIZE SQ. FT.
159-393-57 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-58 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-59 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-60 ENCYCLOPEDIA - S/SIDE ELLIS 112 X 25 2,800
159-393-61 ENCYCLOPEDIA - S/SIDE ELLIS 50 X 112 5,600
159-393-62 ENCYCLOPEDIA - S/SIDE ELLIS 50 X 112 5,600
159-393-63 ENCYCLOPEDIA - S/SIDE ELLIS ODD ~
163-302-33 LYNN @ LOS PATOS 79 X 95.5 7,545
163-302-34 LYNN @ LOS PATOS 109 X 95.5 10,409
167-311-02 E/SIDE BEACH N/OF HOLLAND 264 X 174 45,936
167-321-10 W/SIDE "B" N/OF BLAYLOCK 45 X 116 5,220
167-325-19 E/SIDE BEACH S/OF BLAYLOCK 95 X 100 9,500
167-325-20 E/SIDE BEACH S/OF BLAYLOCK 100 X 103 10,300
167-325-21 E/SIDE BEACH S/OF BLAYLOCK 30 X 198 5,940
178-071-21 S/W CORNER EDINGER & BOLSA CHICA 145 X 147 21,344
178-161-35 N/S HEIL E/OF LE GRANDE 131 X 120 15,720
178-201-28 GREEN BTW PIERCE & NEELY 25 X 49 1,225
178-201-29 GREEN BTW PIERCE & NEELY 25 X 49 1,225
178-201-30 GREEN BTW PIERCE & NEELY 50 X 49 2,450
178-201-31 GREEN BTW PIERCE & NEELY 25 X 49 1,225
178-201-32 GREEN BTW PIERCE & NEELY 25 X 49 1,225
178-201-33 GREEN BTW PIERCE & NEELY 51 X 49 2,499
178-411-17 END OF MALDEN CIRCLE ODD 9,000
178-411-19 END OF MALDEN CIRCLE ODD 9,000
178-432-03 CHANNEL S/OF ADMIRALTY 125 X 61 7,625
178-532-78 PARK AVE & PCH - SUNSET BEACH 30 x 90 2,700
178-543-19 PCH/6TH ST -SUNSET BEACH 30 x 90 2,700
178-551-13 S/SIDE PCH W OF WARNER -SUNSET BEACH 30 x 74 2,250
178-523-09 PCH/18TH ST -SUNSET BEACH 80 X 71 5,647
178-651-36 PARK AVE & PCH - SUNSET BEACH ODD ~
Total Number of Parcels = 128
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City of Huntington Beach
File #:21-258 MEETING DATE:4/5/2021
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 No. 2021-23 authorizing the submission of grant applications and ongoing
grant management for certain recycling, reuse, and recycled content product grants funded
by California Department of Resources, Recycling, and Recovery (CalRecycle)
Statement of Issue:
The California Department of Resources, Recycling, and Recovery (CalRecycle) periodically offers
funding to promote certain statewide waste reduction goals by providing grant opportunities to local
jurisdictions. CalRecycle requires the local jurisdiction to provide an authorizing resolution every five
years for new grant applications as well as for the management, reporting, and reimbursement
payments for existing grants. The City’s previous resolution expired in October 2020. A new
resolution is required for existing grant management and for new applications.
Financial Impact:
Collection of existing grant funds will not be processed by CalRecycle until a new resolution is
approved. Currently, $22,939 of a $46,540 grant awarded for Household Hazardous Waste
Discretionary Grant #HD31-18-0050 has been expended for grant activities from account
125185001.69505 and is awaiting reimbursement.
Recommended Action:
Adopt Resolution No. 2021-23, “A Resolution of the City Council of the City of Huntington Beach
Authorizing Submittal of Application(s) for All CalRecycle Grants for Which the City of Huntington
Beach Is Eligible.”
Alternative Action(s):
Do not adopt Resolution No. 2021-23 and fund Household Hazardous Waste from current refuse
funds. This action would prevent staff from applying for additional CalRecycle grant funding.
Analysis:
On October 5, 2015, City Council adopted Resolution No. 2015-34, which authorized the City
Manager and designee(s) to apply for and manage grants from CalRecycle. Per the terms and
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conditions set by CalRecycle, the City’s resolution must be renewed every 5 years. CalRecycle grant
opportunities include competitive grants for the use of Tire Derived Products, Recycling, and
Household Hazardous Waste programs. Resolution No. 2015-34 expired on October 5, 2020.
In October 2018, CalRecycle awarded the City $46,540 for Household Hazardous Waste Grant
#HD31-18-0050 to provide special collection and exchange events for propane cylinders and marine
flares, and to promote the proper disposal of these items. To date , staff has spent $22,939 of this
grant. Resolution No. 2015-34 was the authorizing resolution for management and reimbursement of
this grant until it expired. To continue managing HD31-18-0050 and to reimburse $22,939 expended
to date, CalRecycle requires a current authorizing resolution.
The proposed Resolution No. 2021-23 identifies the City Manager or his designee as the officer
authorized to sign agreements, contracts, and requests for payment for new and existing grants for
the next five years. Most CalRecycle grants have a nexus to current Public Works programs, and
Public Works staff manages the Household Hazardous Waste grant. If this resolution is adopted,
staff anticipates that the Director of Public Works will be identified as a designee for these grants.
To continue the management and reimbursement of our existing Household Hazardous Waste grant,
and to authorize the City Manager or designee to apply for new CalRecycle grants when offered, staff
recommends the adoption of Resolution No. 2021-23.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-23, “A Resolution of the City Council of the City of Huntington Beach
Authorizing Submittal of Application(s) for All CalRecycle Grants for Which the City of Huntington
Beach Is Eligible”
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City of Huntington Beach
File #:21-203 MEETING DATE:4/5/2021
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:
Approve and authorize execution of Professional Services Contracts for On-Call Water,
Wastewater, and Stormwater Engineering Consulting Services with GHD, Inc., Hunsaker &
Associates, Inc., Michael Baker International, Inc., and Tetra Tech, Inc.
Statement of Issue:
The Public Works Department requires professional civil engineering services on an on-call or as-
needed basis to support staff for the design and construction of the capital improvement projects
related to water, wastewater, and stormwater infrastructures.
Financial Impact:
The City’s Fiscal Year 2020/21 Capital Improvement Program (CIP) Budget was adopted on June 29,
2020, and totals $24.5 million (All Funds) for approved projects citywide. Each approved CIP project
has a budget containing sufficient funding for design, environmental, engineering, construction,
project management,and other required costs. The four recommended civil engineering contracts,
each for a not-to-exceed amount of $1.0 million, are for a three-year term,and will be funded within
each project’s individual CIP budget as needed. As such, no additional funding is required by this
action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services
Contract between the City of Huntington Beach and GHD, Inc., for On-Call Water Engineering,
Wastewater Engineering, and Stormwater Engineering Consulting Services; and,
B) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services
Contract between the City of Huntington Beach and Hunsaker & Associates Inc., for On-Call Water
Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services; and,
C) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services
Contract between the City of Huntington Beach and Michael Baker International Inc., for On-Call
Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting Services; and,
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File #:21-203 MEETING DATE:4/5/2021
D) Approve and authorize the Mayor and City Clerk to execute $1,000,000 Professional Services
Contract between the City of Huntington Beach and Tetra Tech, Inc. for On-Call Water Engineering,
Wastewater Engineering, and Stormwater Engineering Consulting Services.
Alternative Action(s):
Do not authorize these on-call consulting contracts and direct staff accordingly. Budgeted Capital
Improvement Projects could be delayed until new contracts are approved.
Analysis:
On November 6, 2020, the City advertised a Request for Qualifications (RFQ) for On-Call
Engineering & Professional Consulting Services. Proposals were requested and submitted in
compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eighteen (18) proposals
were received for On-Call Water, Wastewater, and Stormwater Civil Engineering Design Services. In
accordance with qualifications-based selected procurement per the Federal “Brooks Act,” State SB
419, and the City of Huntington Beach Municipal Code Section 3.03 “Professional Services,” the
Public Works Department established a review board. Each firm stated their engineering category of
expertise with their proposal. Proposals were then evaluated and ranked by a review board
established by the Public Works Department. The ranking criteria included:
·Clarity of Proposal
·Firm Qualifications
·Staff Qualifications & Experience
·Understanding & Methodology
·Local Vendor Preference
·References
The top four (4) firms were selected. Having four firms is beneficial for on-time delivery of the capital
improvement program by:
·Streamlining procurement of professional services,
·Addresses fluctuations in consultant availability,
·Allows for varied specialized experience to support an array of CIP projects.
The four (4) contracts recommended for City Council approval are for support staff for the design and
construction of water, wastewater, and stormwater improvement projects. Historically, these services
have been utilized to deliver projects of a specialized nature, and to enable delivery of a high level of
CIPs, while leveraging a lower baseline staffing level. Each project is evaluated on a case-by-case
basis to determine if these as-needed contract services are necessary.
The City’s CIP is approximately $24.5 million in Fiscal Year 2020/21. Typical design and construction
support costs for a consultant on a CIP project can vary between ten to twenty percent (10-20%) of
the total costs of the project. Therefore, it is practical to conservatively assume minimum annual
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the total costs of the project. Therefore, it is practical to conservatively assume minimum annual
consultant costs would be around $2 million across CIP projects,or approximately $6 million over the
next three years.
Some of the typical projects for water, wastewater, and stormwater on-call design services include:
·Water main replacement
·Sewer lift station reconstruction
·Storm water pump station rehabilitation
·Water reservoir rehabilitation
·Water well rehabilitation
Professional engineering services are typically required for water, wastewater, and stormwater
related CIP projects. Therefore, these consultants were selected to meet projected workload over
the next three years with a total contract limit of $4 million.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and GHD Inc., for On-
Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting
Services
2. Professional Services Contract between the City of Huntington Beach and Hunsaker &
Associates Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater
Engineering Consulting Services
3. Professional Services Contract between the City of Huntington Beach and Michael Baker
International Inc., for On-Call Water Engineering, Wastewater Engineering, and Stormwater
Engineering Consulting Services
4. Professional Services Contract between the City of Huntington Beach and Tetra Tech Inc., for
On-Call Water Engineering, Wastewater Engineering, and Stormwater Engineering Consulting
Services
5. Request for Qualifications
6. Proposal Rating Summary
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CITY OF HUNTINGTON BEACH
Public Works Department
Sean Crumby, PE
Director of Public Works
2000 Main Street, California 92648 Phone 714-536-5431 www.huntingtonbeachca.gov
Summary of Award for Professional Services Contracts for On-Call Water Engineering,
Wastewater Engineering and Stormwater Engineering and Consulting Services.
The request for proposal was advertised on Planet Bids on 11/06/2020. Approximately one
thousand bidders were notified (refer to the attached bid summary from Planet Bids).
The following eighteen firms submitted statements of qualification in response to request for
proposal.
Atkins North America, INc.
Cannon Corporation
Civiltec Engineering, Inc.
Dahl, Taylor and Associates, Inc.
DRP Engineering, Inc.
Geosyntec Consultants
GHD Inc.
Huitt-Zollars, Inc.
Hunsaker & Associates Irvine, Inc.
kleinfelder inc.
LEE & RO, Inc.
Michael Baker International, Inc.
NV5, Inc.
Pacific Advanced Civil Engineering, Inc.
Project Partners, Inc.
Richard Brady & Associates
SA Associates
Tetra Tech
The selection of the Professional Services Contracts for On-Call Water Engineering, Wastewater
Engineering and Stormwater Engineering and Consulting Services was in compliance with the
Huntington Beach Municipal Code Section 3.03.04 Selection Guidelines.
169
City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
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RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
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RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
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CITY OF HUNTINGTON BEACH
Public Works Department
Sean Crumby, PE
Director of Public Works
2000 Main Street, California 92648 Phone 714-536-5431 www.huntingtonbeachca.gov
Summary of Award for Professional Services Contracts for On-Call Water Engineering,
Wastewater Engineering and Stormwater Engineering and Consulting Services.
The request for proposal was advertised on Planet Bids on 11/06/2020. Approximately one
thousand bidders were notified (refer to the attached bid summary from Planet Bids).
The following eighteen firms submitted statements of qualification in response to request for
proposal.
Atkins North America, INc.
Cannon Corporation
Civiltec Engineering, Inc.
Dahl, Taylor and Associates, Inc.
DRP Engineering, Inc.
Geosyntec Consultants
GHD Inc.
Huitt-Zollars, Inc.
Hunsaker & Associates Irvine, Inc.
kleinfelder inc.
LEE & RO, Inc.
Michael Baker International, Inc.
NV5, Inc.
Pacific Advanced Civil Engineering, Inc.
Project Partners, Inc.
Richard Brady & Associates
SA Associates
Tetra Tech
The selection of the Professional Services Contracts for On-Call Water Engineering, Wastewater
Engineering and Stormwater Engineering and Consulting Services was in compliance with the
Huntington Beach Municipal Code Section 3.03.04 Selection Guidelines.
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City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
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RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
Page 2 of 18
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RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
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CITY OF HUNTINGTON BEACH
Public Works Department
Sean Crumby, PE
Director of Public Works
2000 Main Street, California 92648 Phone 714-536-5431 www.huntingtonbeachca.gov
Summary of Award for Professional Services Contracts for On-Call Water Engineering,
Wastewater Engineering and Stormwater Engineering and Consulting Services.
The request for proposal was advertised on Planet Bids on 11/06/2020. Approximately one
thousand bidders were notified (refer to the attached bid summary from Planet Bids).
The following eighteen firms submitted statements of qualification in response to request for
proposal.
Atkins North America, INc.
Cannon Corporation
Civiltec Engineering, Inc.
Dahl, Taylor and Associates, Inc.
DRP Engineering, Inc.
Geosyntec Consultants
GHD Inc.
Huitt-Zollars, Inc.
Hunsaker & Associates Irvine, Inc.
kleinfelder inc.
LEE & RO, Inc.
Michael Baker International, Inc.
NV5, Inc.
Pacific Advanced Civil Engineering, Inc.
Project Partners, Inc.
Richard Brady & Associates
SA Associates
Tetra Tech
The selection of the Professional Services Contracts for On-Call Water Engineering, Wastewater
Engineering and Stormwater Engineering and Consulting Services was in compliance with the
Huntington Beach Municipal Code Section 3.03.04 Selection Guidelines.
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City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
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Printed 03/29/2021
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City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
Page 2 of 18
Printed 03/29/2021
PlanetBids, Inc.
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City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
Page 3 of 18
Printed 03/29/2021
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CITY OF HUNTINGTON BEACH
Public Works Department
Sean Crumby, PE
Director of Public Works
2000 Main Street, California 92648 Phone 714-536-5431 www.huntingtonbeachca.gov
Summary of Award for Professional Services Contracts for On-Call Water Engineering,
Wastewater Engineering and Stormwater Engineering and Consulting Services.
The request for proposal was advertised on Planet Bids on 11/06/2020. Approximately one
thousand bidders were notified (refer to the attached bid summary from Planet Bids).
The following eighteen firms submitted statements of qualification in response to request for
proposal.
Atkins North America, INc.
Cannon Corporation
Civiltec Engineering, Inc.
Dahl, Taylor and Associates, Inc.
DRP Engineering, Inc.
Geosyntec Consultants
GHD Inc.
Huitt-Zollars, Inc.
Hunsaker & Associates Irvine, Inc.
kleinfelder inc.
LEE & RO, Inc.
Michael Baker International, Inc.
NV5, Inc.
Pacific Advanced Civil Engineering, Inc.
Project Partners, Inc.
Richard Brady & Associates
SA Associates
Tetra Tech
The selection of the Professional Services Contracts for On-Call Water Engineering, Wastewater
Engineering and Stormwater Engineering and Consulting Services was in compliance with the
Huntington Beach Municipal Code Section 3.03.04 Selection Guidelines.
264
City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
Page 1 of 18
Printed 03/29/2021
PlanetBids, Inc.
265
City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
Page 2 of 18
Printed 03/29/2021
PlanetBids, Inc.
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City of Huntington Beach
RFQ On-Call Water, Wastewater and Stormwater Engineering Consulting Services (2020-1215), bidding on 12/15/2020 4:00 PM (PDT)
Page 3 of 18
Printed 03/29/2021
PlanetBids, Inc.
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REQUEST FOR QUALIFICATIONS
FOR
ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING, STORMWATER
ENGINEERING & PROFESSIONAL CONSULTING SERVICES
Public Works Department
CITY OF HUNTINGTON BEACH
Released on November 6, 2020
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ON-CALL WATER ENGINEERING, WASTEWATER ENGINEERING, STORMWATER
ENGINEERING & PROFESSIONAL CONSULTING SERVICES
REQUEST FOR QUALIFICATIONS (RFQ)
1. BACKGROUND
The City of Huntington Beach (“City”) Public Works Department is seeking experienced
Consultant firms to assist the City’s staff in the following service category:
Water, Wastwater and Stormwater Engineering
Exhibit A: Pre-Qualification Form which must be completed and included in the proposal. Teaming
is allowed.
Qualified firms shall provide consulting services on an “on-call” basis for projects to be determined
during the term of the contract. The contract will be for a minimum 3-year term. The City will issue
task orders for each project based upon the scope of services; qualifications, work schedule, and
reasonableness of the fee. For task orders greater than $50,000 City will typically solicit proposals
from 2 or more qualified consultants.
2. SCHEDULE OF EVENTS
This request for qualifications will be governed by the following estimated schedule:
Release of RFQ November 6, 2020
Deadline for Written Questions November 20, 2020
Responses to Questions Posted on Web November 24, 2020
Qualifications are Due December 15, 2020 by 4:00pm
Interviews, if Necessary January 18, 2020
Proposal Evaluation Completed and Notification January 25, 2020
Approval of Contract April, 2020
3. SCOPE OF WORK BY SERVICE CATEGORY
In general, the Consultant shall perform consulting services on an “on-call” basis for projects assigned
by the City. If the Consultant does not have the ability to self-perform all aspects of the scope of
services, then the Consultant shall subcontract for those services. The scope of work for any one
project may involve all phases of project development and may include but is not limited to the
following:
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A. Water
Potable Water Pipeline Engineering
Consultant shall provide experienced personnel, equipment, and facilities to perform the
following tasks.
• Preparation of plans, specifications and estimates (PS&E) packages for water pipeline design
or other related water improvements.
• Establish pipeline size requirements and limits with City staff. Submit hydraulic calculations
signed and stamped by the engineer.
• Soil corrosion potential analysis and cathodic protection system requirements.
• Develop typical cross-sections detailing horizontal and vertical locations of the proposed
pipeline alignment; include limits of ROW (existing and future), State Water Resources
Control Board (SWRCB) division of drinking water and other separation requirements,
pavement limits, surface improvements, traffic striping, travel lane limits, existing and other
proposed utilities, existing and proposed easements, etc.
• Develop and execute potholing plan specific to the project.
• Select pipe material, class or thickness, linings and coatings, joint design, thrust restraint,
bedding and compaction requirements, etc.
• Determine location, type and sizing of blow offs, air valves, isolations valves and other
appurtenances.
• Provide construction support services.
• Provide Development Review Water Plan Check Services.
• Provide record drawings.
Potable Water (Production), Wells, Reservoirs, and Pressure Regulating Facilities
Consultant shall provide experienced personnel, equipment, and facilities to perform the
following tasks.
• Preparation of PS&E packages for water production infrastructure including but not limited to
wells, reservoirs, pressure control stations, turnouts and metering.
• Establish facility sizing requirements and limits with City staff. Submit hydraulic calculations
including system curve development, pump selection, pipe and appurtenance sizing, reservoir
floor and high water elevations (etc.), and transient evaluation signed and stamped by the
engineer.
• Preliminary Design Report. Prepare a preliminary design report (PDR) which includes all
of the design assumptions, materials and evaluation of alternatives for the project in a cost
effective manner. During the PDR development, the Consultant shall keep City informed
of the basic design decisions as they are made and shall seek the City's input. The Consultant
shall document all decisions in the report.
• Provide survey, structural, mechanical and architectural design services.
• Provide electrical, control and SCADA design services.
• Perform preliminary siting, grading and alignment evaluations and recommend preferred
sites and alignment(s).
• Provide environmental and other regulatory permitting requirements.
• Develop site plans, yard piping plans and sections, building layouts, mechanical plans and
sections, tank plans and orientation drawings.
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• Provide construction support services.
• Provide record drawings
Potable Water Master Plan Update and Water Financial Plan Update
Consultant shall provide experienced personnel, equipment, and facilities to perform the
following tasks.
• Preparation of water master plan
• Preparation of water master plan financial plan update
B. Wastewater (Sanitary Sewer):
Consultant shall provide experienced personnel, equipment, and facilities to perform the
following tasks.
• Preparation of PS&E packages for wastewater system infrastructure including but
not limited to pipelines, lift stations, force mains, hydraulic calculations,
mechanical, electrical and control, structural, etc. for review and comment to the
City or other related improvements.
• The City plans on replacing one wastewater lift station per year, so an emphasis
on this type of project experience is recommended.
• Establish pipeline size requirements and limits with City staff.
• Conduct preliminary alignment evaluations and recommend preferred
alignment(s).
• Conduct site and field investigations to verify locations of existing and proposed
facilities.
• Provide utility and agency coordination.
• Develop and execute potholing plan specific to the project.
• Select pipe material, class or thickness, linings and coatings, joint design, bedding
and compaction requirements, etc.
• Determine location, type and sizing of manholes.
• Develop project specific details and specifications for all points of connection
including materials, transitions, phasing, and/or bypass requirements.
• Provide construction support services.
• Provide record drawings.
Wastewater Master Plan Update
Consultant shall provide experienced personnel, equipment, and facilities to perform the
following tasks.
• Preparation of wastewater master plan update
C. Stormwater:
Consultant shall provide experienced personnel, equipment, and facilities to perform the
following tasks.
• Preparation of PS&E packages for stormwater system infrastructure including but
not limited to pipelines, pump stations, force mains, hydraulic calculations,
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mechanical, electrical and control, structural, etc. for review and comment to the
City or other related improvements.
4. CITY’ RESPONSIBILITIES
• Furnish a task order or scope of work request and provide general direction as needed for each
project assigned.
• Furnish available record drawings of existing facilities within the City’s jurisdiction.
• Furnish templates of construction plans and specifications acceptable to the City.
5. PROPOSAL FORMAT GUIDELINES
Interested Consultants are to provide the City with a thorough proposal using the following guidelines:
• Proposal shall be typed, concise, highly recommended to be no more than 15 pages of
information, and no more pages than indicated in the following sections, excluding the
Index/Table of Contents, tables, charts, forms, and graphic exhibits. Resumes of key personnel
are not counted toward the page limitation if inserted at the end of the proposal.
• 12-point font size and 1.5 point line spacing is required for typed portions of the letters and
proposal sections except smaller fonts are allowed for tables, charts, and exhibits. The
inclusion of 11” by 17” sheets are allowed if folded to fit the proposal.
• Consultants are required to complete Exhibit A: Pre-Qualification Form and included in the
proposal. Teaming is allowed.
Each proposal will adhere to the following order and content of sections (A-D). Proposals must be
straightforward, concise, and provide “layman” explanations of technical terms that are used.
Emphasis must be concentrated on conforming to the RFQ instructions, responding to the RFQ
requirements. Proposals which appear unrealistic in the terms of technical commitments, lack of
technical competence or are indicative of failure to comprehend the complexity and risk of this
contract may be rejected. The following proposal sections are to be included in the Consultant’s
response:
A. Cover Letter (2 pages max.)
A cover letter must summarize key elements of the proposal. An individual authorized to bind
the Consultant must sign the letter. The cover letter must include the address and telephone
number of the Consultants’ Project Managers’ office located nearest to Huntington Beach that
will provide the project deliverables directly to the City.
B. Vendor Application Form
Complete Appendix A, “Request for Qualifications-Vendor Application Form” and include this
behind the cover letter. (Vendor Application Form will not be counted toward the page count.)
C. Pre-Qualification Form (Exhibit A)
The following Pre-Qualification Form must be included in the Consultants proposal, behind
the Vendor Application Form (See Appendix A). On Exhibit A: Pre-Qualification Form,
Consultant must indicate if they are willing, or unwilling, or unable to execute the Agreement
as drafted (See Appendix B) as well as providing the insurance requirements (See Appendix
C). (Pre-Qualification Form will not be counted toward the page count.)
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EXHIBIT A: PRE-QUALIFICATION FORM
ON-CALL WATER ENGINEERING & PROFESSIONAL CONSULTING SERVICES
SERVICE CATEGORY PROPOSING? Y/N
(circle)
A. Water, Wastewater, and Stormwater
Engineering Yes / No
___ (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B).
___ (Initial) Consultant is able to provide the insurance as required (See Appendix C).
Firm Name: _____________________________________________________________
Firm Address: _____________________________________________________________
Signature: ________________________________ Date: ________________________________
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D. Service Category
Firm Qualifications
This section should be organized by service category. The information requested in this section
must describe the qualifications of the firm and key staff performing projects preferably within
the past seven (7) years in Orange County/Los Angeles County to demonstrate competence to
perform these services. Information shall include:
1) Summarize the firm’s demonstrated capabilities, including length of time that your firm
has provided the services being requested in this Request for Qualifications.
2) The key personnel that have participated on named projects and their specific
responsibilities and years of experience with respect to this scope of work.
3) Provide at least three separate preferably Orange County/Los Angeles County public
agency references that have received similar services from your firm. The City reserves
the right to contact any of the organizations or individuals listed. Information provided
shall include:
• Name of Project, preferably Orange County/Los Angeles County Public Agency,
Agency Primary Contact, email and telephone number
• Brief Project description (i.e. miles of street rehabilitation, construction cost, etc.)
• Project Manger on the project who also is the PM on the Proposal and Key Personnel
• Start/Finish (Months & years)
4) Provide a brief synopsis of the proposal summarizing the firm’s unique qualities and the
overall benefit of the proposal for the City and your understanding of the scope of
services.
5) Resumes (do not count towards page limit but recommend be limited to 15 pages)
Staffing
Provide an organization chart which lists all key individual(s) who will be working on projects
and indicate the functions that each will perform. The organization chart shall include the
proposed Project Manager which will be the single point of contact for the Consultant for this
service category. Include resumes for all key individuals as indicated in section 5) above,
along with copies of any pertinent certifications.
Upon award and during the contract period, if the Consultant chooses to assign different
personnel to the project, the Consultant must submit their names and qualifications including
information listed above to the City for approval before they begin work.
Understanding & Methodology Section
This section must describe your understanding of the City, the objectives to be accomplished,
innovative approaches, and solutions to similar projects that would be undertaken by the City,
and detailed descriptions of efforts your firm will undertake to achieve client satisfaction. Refer
to Scope of Work of this RFQ.
For similar projects the City’s 2020/21 CIP can be viewed at;
http://www.huntingtonbeachca.gov/government/departments/public_works/capitalprojects/
E. Cost Proposal/Rate Sheet (Separate Sealed Envelope)
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In an effort to save time, interested proposers shall concurrently submit a detailed cost proposal
for all services and materials anticipated to complete the work, and/or professional service rate
sheet in a separate envelope. Cost proposals are to be uploaded under the Cost File in
PlanetBids
6. PROCESS FOR SUBMITTING QUALIFICATIONS
Interested firms are to provide the City with a thorough qualifications package using the following
instructions:
a. Download RFQ
Via the PlanetBids.com web site for the City as shown below, you will register and
download the RFQ.
https://www.planetbids.com/portal/portal.cfm?CompanyID=15340
b. Submission of Qualifications Package
Complete written proposals must be submitted electronically in PDF file format via the
Planetbids.com website no later than 4:00 p.m. (P.S.T) on December 15, 2020. Proposals
will not be accepted after this deadline. Standard mail, faxed or e-mailed proposals will
not be accepted.
Proposals shall be prepared with sufficient details to allow for thorough evaluation and
comparative analysis. Qualifications will not be accepted after this deadline. Faxed or e-
mailed submissions will not be accepted.
c. Inquires
Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no
later than 5:00 p.m. (PST) November 20, 2020 for response.
7. EVALUATION CRITERIA
The City’s evaluation and selection process is based upon Qualifications Based Selection (QBS) for
professional services. The City may use some or all of the following criteria in its evaluation and
comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The
order in which they appear is not intended to indicate their relative importance. The ranking will
consist of the basic proposal for clarity and following all directions. Additionally, points will be
awarded for Qualifications, Understanding and Methodology, and Staffing in each category. The
Consultants in the top ranking will have References Checked, Local Preference Check, and an
Interview, if necessary.
A. Proposal Clarity - Use of terms and explanation throughout are understandable. (10 points)
B. Firm Qualifications - Experience of the firm, experience with projects of similar scope,
complexity, and magnitude for preferably other Orange County/Los Angeles County public
agencies. (25 points)
C. Staffing - Experience of the project manager and other key individuals assigned to the project.
Educational background, work experience, and directly related consulting experiences. (25 points).
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D. Understanding & Methodology - Firm has an understanding of the work to be done, successful
implementation and shows effort in completing projects efficiently and accurately. (15 points)
A ranking will be performed with the subtotal score for each category (75 points max) and only the
top contenders will be considered further.
E. Reference Check (10 points) The City may also contact and evaluate the Consultant’s and sub-
consultant’s references; contact any Consultant to clarify any response; contact any current users
of a Consultant’s services; solicit information from any available source concerning any aspect of
a proposal; and seek and review any other information deemed pertinent to the evaluation process.
F. Interview (15 points). After written proposals have been reviewed, discussions with prospective
firms may or may not be required. If scheduled, the oral interview or video/voice conference
interview, at the City’s discretion, will be a question/answer format for clarifying the intent of any
portions of the proposal. The individual from your firm that will be directly responsible for
carrying out the contract, if awarded, must be present at the oral interview or video/voice
conference interview.
G. Local Preference Check (5 bonus points). The Consultant will earn 5 bonus points for having an
office located in the city and a valid City Business License issued a minimum of 6 months prior to
the RFQ release date..
http://www.huntingtonbeachca.gov/files/users/finance/business-license-application.pdf
H. A Notification of Intent to Award may be sent to the Consultant selected. Award is contingent
upon the successful negotiation of final contract terms. Negotiations shall be confidential and not
subject to disclosure to competing Consultants unless an agreement is reached. If contract
negotiations cannot be concluded successfully, the City may negotiate a contract with the next
highest scoring Consultant or withdraw the RFQ.
8. GENERAL REQUIREMENTS
Insurance Requirements
City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate
of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or
contract. Within ten (10) consecutive calendar days of award of contract, successful consultant
must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix
C.
The consultant is encouraged to contact its insurance carriers during the qualifications
submittal stage to ensure that the insurance requirements can be met if selected for
negotiation of a contract agreement.
Standard Form of Agreement
The consultant will enter into an agreement with the City based upon the contents of the RFQ and
the consultant’s response. The City’s standard form of agreement is included as Appendix B. The
consultant shall carefully review the agreement, especially the indemnity and insurance provisions,
as the standard form of agreement will not be changed, and must be accepted as is. Assuming the
consultant is agreeable with no exceptions, a statement to that effect shall be included in the
qualifications submittal.
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Disclaimer
This RFQ does not commit the City to either issue a RFP, award a contract, or to pay any costs
incurred in the preparation of the RFQ response. The City reserves the right to extend the due date
for the RFQ, accept or reject any or all qualifications submittals received as a result of this request,
negotiate with any qualified consultant or cancel this RFQ in part or in its entirety without penalty.
Assigned Representatives
The City will assign a responsible representative to administer the contract and to assist the
consultant in obtaining information. The consultant shall also assign a responsible representative
(project manager) and an alternate, who shall be identified in the RFQ response. The consultant’s
representative will remain in responsible charge of the consultant’s duties from the notice-to-
proceed through project completion. If the consultant’s primary representative should be unable to
continue with the project, then the alternate representative identified in the RFQ response shall
become the project manager. Any substitution of representatives or sub-consultants identified in
the RFQ response shall first be approved in writing by the City’s representative. The City reserves
the right to review and approve/disapprove all key staff and sub-consultant substitution or removal,
and may consider such changes not approved to be a breach of contract.
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ATTACHMENT A
Request for Qualifications-Vendor Application Form
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REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________
Contact Person for Agreement: ____________________________________________________
Corporate Mailing Address: ________________________________________________
City, State and Zip Code: __________________________________________________
E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________
Contact Person for Proposals: ______________________________________________________
Title:______________________________ E-Mail Address: ______________________
Business Telephone: _________________________ Business Fax: ________________
Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION
Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
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2 of 2
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
___________________________________ ________________ ___________________
Federal Tax Identification Number: __________________________________________
City of Huntington Beach Business License Number: _____________________________
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date: __________________________
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ATTACHMENT B
Sample City Agreement
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY,” and , a hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on ____________________, 20____ (the "Commencement Date"). This Agreement
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shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than from the Commencement Date. The time for performance of the tasks identified in
Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Dollars ($ ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
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termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from
and against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,
if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
B. To the extent that CONSULTANT performs “Design Professional Services” within
the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in
place of subsection A above:
“CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged
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to CONSULTANT exceed CONSULTANT’s proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney’s fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT’s professional liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
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CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days’
prior written notice; however, ten (10) days’ prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
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The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
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approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
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17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
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the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
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29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT,
COMPANY NAME
By:
print name ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
________________________________
Mayor
_________________________________
City Clerk
INITIATED AND APPROVED:
____________________________________
REVIEWED AND APPROVED:
_________________________________
City Manager
APPROVED AS TO FORM:
_________________________________
City Attorney
292
EXHIBIT A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
293
Exhibit B
1
EXHIBIT “B”
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month’s bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non-approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
294
Exhibit B
2
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
.
295
Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the
work has been performed in accordance with the provisions of this Agreement;
and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule
of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree
that past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such time.
Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or
additional services requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the
parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing
performance of the remainder of this Agreement.
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
1 Scope of Services .....................................................................................................1
2 City Staff Assistance ................................................................................................2
3 Term; Time of Performance .....................................................................................2
4 Compensation ..........................................................................................................2
5 Extra Work ...............................................................................................................2
6 Method of Payment ..................................................................................................3
7 Disposition of Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance......................................................................…….4
10 Certificate of Insurance ............................................................................................5
11 Independent Contractor ............................................................................................6
12 Termination of Agreement .......................................................................................6
13 Assignment and Delegation ......................................................................................6
14 Copyrights/Patents ...................................................................................................7
15 City Employees and Officials ..................................................................................7
16 Notices……………………………………………………………………………..7
17 Consent ....................................................................................................................8
18 Modification .............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement ..............................................................................8
21 Duplicate Original ....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited ................................................................9
24 Attorney's Fees ..........................................................................................................10
25 Survival .....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 Entirety ......................................................................................................................10
29 Effective Date………………………………………………………………………11
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ATTACHMENT C
City’s Insurance Requirements
298
HB Insurance Matrix_revised 4-7-16 (2).xlsx 1 of 4
Automobile
Liability General Liability
Professional
Liability
Property
Insurance Workers' Comp
Additional
Insured
Endorsements
Contractors: Any persons or entities who
contract with the City and/or provide services to
the City which are readily available and
efficiently procured by competitive bidding.
Permittees: Any persons or entities who make
application to the City for any use of or
encroachment upon any public street, waterway,
pier, or City property.
Vendors: Any persons or entities who transfers
property or goods to the City which may or may
not involve delivery and/or installation.
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required.
Note 1 - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as
certificate holder and as additional insured by separate attached endorsement. Permittees who do not use vehicles or equipment in connection with the permit
shall not be required to provide auto insurance. To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1 attached.
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.
Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212.
Vendor Type
Minimum Insurance Requirements
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary
circumstances.
As required by
the State of
California, with
Statutory Limits
and Employer’s
Liability
Insurance with
a limit of no
less than
$1,000,000 per
accident for
bodily injury or
disease. (See
Note 2 below.)
Include the
policy number
and Additional
Insured
Endorsement
Requirement
statement
below. (See Note
3 below.)
Minimum of
$1,000,000 per
occurrence for
bodily injury,
personal injury
and property
damages. Allows
up to $1,000
deductible.(See
Note 1 below.)
Combined single limit
bodily injury and
property damage.
Minimum of
$1,000,000 per
occurrence. Allows
up to $5,000
deductible.
(Additional Insured
Endorsement is always
required with General
Liability Ins.)
Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.
299
HB Insurance Matrix_revised 4-7-16 (2).xlsx 2 of 4
Automobile
Liability General Liability
Professional
Liability
Property
Insurance Workers' Comp
Additional
Insured
Endorsements
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.
Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212.
Vendor Type
Minimum Insurance Requirements
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary
circumstances.
Design Professionals: Professional service
contractors who contract with the City and/or
provide architectural and/or engineering services
to the City.
Professional Services: Services that involve
the exercise of professional discretion and
independent judgment based on an advanced or
specialized knowledge, expertise or training
gained by formal studies or experience or
services which are not readily or efficiently
procured by competitive bidding pursuant to HB
Muni Code 3.02. Services includes but are not
limited to those services provided by appraisers,
architects, attorneys, engineers, instructors,
insurance advisors, physicians and other
specialized consultants.
4) The reporting of circumstances or incidents that might give rise to future claims.
1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as
renewals or replacements).
2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to
report claims arising from work performed in connection with this agreement or permit.
Claims made policies are acceptable if the policy further provides that:
Minimum of
$1,000,000 per
occurrence and
in the
aggregate.
Allows up to
$10,000
deductible.
300
HB Insurance Matrix_revised 4-7-16 (2).xlsx 3 of 4
Automobile
Liability General Liability
Professional
Liability
Property
Insurance Workers' Comp
Additional
Insured
Endorsements
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California
admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms.
Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212.
Vendor Type
Minimum Insurance Requirements
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk
Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary
circumstances.
Licensees/Lessees: Any persons or entities
who contract with the City for the use of public
property.
Combined single limit
bodily injury and
property damage.
Minimum of
$1,000,000 per
occurrence. Allows
up to $5,000
deductible.
(Additional Insurance
Endorsement is always
required with General
Liability Ins.)
Full
replacement
cost with no
coinsurance
penalty
provision.
As required by
the State of
California, with
Statutory Limits
and Employer’s
Liability
Insurance with
a limit of no
less than
$1,000,000 per
accident for
bodily injury or
disease. (See
Note 1 below.)
Include the
policy number
and Additional
Insured
Endorsement
Requirement
statement
below.(See Note
2.)
Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required.
Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be
covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor,
products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.
301
HB Insurance Matrix_revised 4-7-16 (2).xlsx 4 of 4
Minimum Insurance Requirements
Professional Liability
Design Professionals: Professional service contractors who
contract with the City and/or provide architectural and/or
engineering services to the City.
Professional Services: Services that involve the exercise of
professional discretion and independent judgment based on an
advanced or specialized knowledge, expertise or training gained by
formal studies or experience or services which are not readily or
efficiently procured by competitive bidding pursuant to HB Muni
Code 3.02. Services includes but is not limited to those services
provided by appraisers, architects, attorneys, engineers, instructors,
insurance advisors, physicians and other specialized consultants.
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the
following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII.
Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or
modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers
and / or modifications are discouraged and will be considered only under extraordinary circumstances.
4) The reporting of circumstances or incidents that might give rise to future claims.
Vendor Type
Claims made policies are acceptable if the policy further provides that:
Minimum of $1,000,000 per occurrence and in
the aggregate. Allows up to $10,000 deductible.
1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work
(including subsequent policies purchased as renewals or replacements).
2) The professional services contractor will make every effort to maintain similar insurance during the required
extended period of coverage following project completion, including the requirement of adding all additional
insureds.
3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in connection with this agreement or
permit.
302
Public Works Engineering
On-call Water, Wastewater & Stormwater Engineering & Professional Consulting Svcs.
Points AF TB LH Ave
Total
Scores Rank
10
Firm #1 8 9 8 8 25 6
Firm #2 8 9 7 8 24 7
Firm #3 4 9 5 6 18 10
Firm #4 7 8 7 7 22 9
Firm #5 10 10 10 10 30 1
Firm #6 10 9 10 10 29 2
Firm #7 7 9 7 8 23 8
Firm #8 9 9 7 8 25 6
Firm #9 8 10 9 9 27 4
Firm #10 5 9 8 7 22 9
Firm #11 10 7 9 9 26 5
Firm #12 7 10 8 8 25 6
Firm #13 8 9 9 9 26 5
Firm #14 8 10 8 9 26 5
Firm #15 8 10 6 8 24 7
Firm #16 9 9 9 9 27 4
Firm #17 9 9 9 9 27 4
Firm #18 9 9 10 9 28 3
25
Firm #1 14 16 20 17 50 11
Firm #2 20 20 19 20 59 4
Firm #3 10 15 10 12 35 14
Firm #4 20 17 19 19 56 7
Firm #5 10 17 13 13 40 13
Firm #6 24 24 25 24 73 1
Firm #7 13 24 20 19 57 6
Firm #8 22 23 24 23 69 3
Firm #9 17 18 15 17 50 11
Firm #10 15 20 21 19 56 7
Firm #11 23 23 23 23 69 3
Firm #12 16 19 20 18 55 8
Firm #13 15 18 19 17 52 10
Firm #14 15 18 20 18 53 9
Firm #15 2 12 13 9 27 15
Firm #16 8 17 20 15 45 12
Firm #17 21 15 22 19 58 5
Firm #18 24 24 24 24 72 2
Proposal Clarity
Qualifications and experience of Firm, key individuals and sub-
consultants
303
25
Firm #1 15 17 20 17 52 9
Firm #2 17 18 18 18 53 8
Firm #3 10 15 10 12 35 15
Firm #4 18 16 15 16 49 12
Firm #5 10 16 12 13 38 14
Firm #6 24 24 25 24 73 1
Firm #7 13 22 18 18 53 8
Firm #8 20 22 25 22 67 4
Firm #9 20 17 17 18 54 7
Firm #10 15 18 18 17 51 10
Firm #11 23 22 24 23 69 3
Firm #12 15 17 18 17 50 11
Firm #13 15 17 20 17 52 9
Firm #14 10 17 19 15 46 13
Firm #15 23 12 15 17 50 11
Firm #16 22 17 20 20 59 6
Firm #17 22 16 23 20 61 5
Firm #18 23 24 24 24 71 2
15
Firm #1 12 14 12 13 38 6
Firm #2 13 14 13 13 40 4
Firm #3 10 10 5 8 25 10
Firm #4 10 14 13 12 37 7
Firm #5 12 15 7 11 34 9
Firm #6 14 15 14 14 43 1
Firm #7 14 14 13 14 41 3
Firm #8 13 15 14 14 42 2
Firm #9 12 14 12 13 38 6
Firm #10 12 14 12 13 38 6
Firm #11 13 14 14 14 41 3
Firm #12 12 15 12 13 39 5
Firm #13 15 15 11 14 41 3
Firm #14 12 14 11 12 37 7
Firm #15 1 10 9 7 20 11
Firm #16 13 14 13 13 40 4
Firm #17 12 10 13 12 35 8
Firm #18 14 15 14 14 43 1
Technical Proposal Scoring AF TB LH Ave
Total
Scores Rank
Firm #1 49 56 60 55 165 11
Firm #2 58 61 57 59 176 6
Firm #3 34 49 30 38 113 16
Firm #4 55 55 54 55 164 12
Firm #5 42 58 42 47 142 14
Firm #6 72 72 74 73 218 1
Firm #7 47 69 58 58 174 7
Firm #8 64 69 70 68 203 4
Firm #9 57 59 53 56 169 9
Staffing
Understanding and Methodology
304
Firm #10 47 61 59 56 167 10
Firm #11 69 66 70 68 205 3
Firm #12 50 61 58 56 169 9
Firm #13 53 59 59 57 171 8
Firm #14 45 59 58 54 162 13
Firm #15 34 44 43 40 121 15
Firm #16 52 57 62 57 171 8
Firm #17 64 50 67 60 181 5
Firm #18 70 72 72 71 214 2
Total Scoring AF TB LH Ave
Total
Scores Rank
Firm #1 49 56 60 55 165 12
Firm #2 58 61 57 59 176 6
Firm #3 34 49 30 38 113 16
Firm #4 55 55 54 55 164 13
Firm #5 42 58 42 47 142 14
Firm #6 72 72 74 73 218 1
Firm #7 47 69 58 58 174 7
Firm #8 64 69 70 68 203 4
Firm #9 57 59 53 56 169 9
Firm #10 47 61 59 56 167 10
Firm #11 69 66 70 68 205 3
Firm #12 50 61 58 56 169 11
Firm #13 53 59 59 57 171 8
Firm #14 45 59 58 54 162 14
Firm #15 34 44 43 40 121 15
Firm #16 52 57 62 57 171 8
Firm #17 64 50 67 60 181 5
Firm #18 70 72 72 71 214 2
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City of Huntington Beach
File #:21-222 MEETING DATE:4/5/2021
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 an amendment to the contract between the City of
Huntington Beach and West Coast Code Consultants, Inc.,for professional As-Needed
Building Plan Review Services in the amount of $164,000
Statement of Issue:
Staff is requesting approval to amend an existing contract between the City of Huntington Beach and
West Coast Code Consultants, Inc.,for professional building plan review services. The contract
would be increased by $164,000, from a total of $200,000 to $364,000. The proposed amendment is
needed to continue to provide professional building plan review services.
Financial Impact:
The West Code Consultants, Inc.,amendment will not require additional appropriation as it will be
funded from the approved Community Development Department Fiscal Year 20/21 Professional
Services budget (account 10060501.69365).
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to Professional
Services Contract Between the City of Huntington Beach and West Coast Code Consultants, Inc. for
Building Plan Review Services;” from $200,000 to $364,000, as approved by the City Attorney
(Attachment No. 1).
Alternative Action(s):
1. Deny the Amendment between the City and West Coast Code Consultants, Inc.
2. Continue the item and direct staff accordingly.
Analysis:
The current contract with West Coast Code Consultants, Inc.,was approved by the City Council in
October 2018 with a budget of $200,000 and a three-year term.Applicants who desire to construct
projects within the City must submit plans for review to ensure compliance with the California State
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projects within the City must submit plans for review to ensure compliance with the California State
Building Code. Applicants who submit projects to the City pay fees for these services and expect
reasonable turnaround times. The City currently only has one in-house,full-time plan checker,and
this employee is not qualified to review structural plans.This staffing level is not qualified to review
certain submittals, nor is it sufficient to respond to the volume of applications in a timely manner.
These services have historically been supplemented with professional services provided by building
plan review consultants. This approach is a cost-effective method of closing the gap between the
demands for building plan review services and the ability of City staff to meet this demand. As such,
it is necessary to increase the contract budget to ensure that the City can continue to meet the
demand for plan review services.
Environmental Status:
The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Amendment No.1 to Agreement between City of Huntington Beach and West Coast Code
Consultants, Inc. for As-Needed Building Plan Review Services
2. Original Professional Services Contract between the City of Huntington Beach and West
Coast Code Consultants, Inc. for dated October 1, 2018 for As-Needed Building Plan Review
Services
3. Insurance Certificate
4. West Coast Code Consultants, Inc., Huntington Beach Business License
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City of Huntington Beach
File #:21-224 MEETING DATE:4/5/2021
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 an amendment to the contract between the City of
Huntington Beach and CSG Consultants, Inc., for professional inspection services in the
amount of $85,000
Statement of Issue:
Staff is requesting approval to amend an existing contract between the City of Huntington Beach and
CSG Consultants, Inc., for professional building inspection services. The contract would be
increased by $85,000, from a total of $562,500 to $647,500. The proposed amendment is to cover
additional inspection costs incurred due to reduced staffing levels.
Financial Impact:
The CSG Consultants, Inc.,amendment will not require additional appropriation,as it will be funded
from the approved Community Development Department Fiscal Year 20/21 Professional Services
budget ($10,000 from account 10060401.69365 and $75,000 from account 10060501.69365).
These services are supported through revenue received from building permit and inspection fees.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, “Amendment No. 1 to Professional
Services Contract Between the City of Huntington Beach and CSG Consultants, Inc., for Building
Staffing Services;” an increase from $562,500 to $647,500, as approved by the City Attorney
(Attachment No. 1).
Alternative Action(s):
1. Deny the Contract Amendment between the City and CSG Consultants, Inc.
2. Continue the item and direct staff accordingly.
Analysis:
The current contract for inspection services was approved by the City Council on June 18, 2018,for a
three-year term with a budget of $562,500. This contract will expire on June 17, 2021,and it is
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three-year term with a budget of $562,500. This contract will expire on June 17, 2021,and it is
necessary to increase the contract budget in order to meet the anticipated demand for building
inspection services for the remainder of the contract term. The demand for inspection service and
associated permit fees generated from development generate revenue to pay for these services.
Applicants pay building inspection fees at permit issuance. Inspection services for a project can last
many months,or even years,after building permit fees have been paid, depending on the length of
construction.
Since 2008, the Building Division has had a base of nine permanent Building Inspectors. Prior to
2008, there were 12 permanent Building Inspectors. Based on the economy and the volume of work
since 2010, the Building Division made an organizational decision to use contract Building Inspectors
instead of hiring permanent Building Inspectors. This approach is a cost-effective method of closing
the gap between the demands for building inspection services and the ability of City staff to meet this
demand.
With the current vacancies of full-time inspection staff, in part due to the City’s Separation Incentive
Program in October 2020, fewer inspectors are available to complete inspections. Furthermore, with
the implementation of the City’s new online permitting system, Accela, there is a learning curve for all
staff, which is resulting in fewer inspections per day. In addition, Huntington Beach inspectors are
carrying an average daily inspection load of 18 inspections per stop, whereas 12 stops per day is
considered an industry best standard. As such, there is a continued need for consultant services in
order for the City to maintain consistent and quality inspection service levels.
There is no impact to the General Fund by approving this contract amendment.
Environmental Status:
The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Amendment No.1 to Agreement between City of Huntington Beach and CSG Consultants, Inc.,
for Inspection Services
2. Original Professional Services Contract between the City of Huntington Beach and CSG
Consultants, Inc., for Inspection Services dated June 18, 2018
3. Insurance Certificate
4. CSGs’ Huntington Beach Business License
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City of Huntington Beach
File #:21-255 MEETING DATE:4/5/2021
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:
Adopt Resolution No. 2021-15 to approve Zoning Text Amendment (ZTA) No. 21-001 regarding
Alcohol Sales and Service in the Beach and Edinger Corridors Specific Plan (BECSP)
Statement of Issue:
The proposed Zoning Text Amendment would amend the Beach and Edinger Corridors Specific Plan
(BECSP) to change the reviewing body from Planning Commission to Zoning Administrator for
conditional use permits (CUP) for alcohol sales and service, and to clarify exemptions from CUP
requirements. The Planning Commission and staff recommend approval.
Financial Impact:
Not applicable.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION :
A) Find that Zoning Text Amendment (ZTA) No. 21-001 is within the scope of the BECSP Program
Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8,
2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent or
supplement to the EIR need be prepared for this ZTA and no further environmental review or
documentation is required (Attachment No. 1).
B) Approve Zoning Text Amendment No. 21-001 with findings (Attachment No. 1) and adopt
Resolution No. 2021-15, “A Resolution of the City Council of the City of Huntington Beach Approving
an Amendment to the Beach and Edinger Corridors Specific Plan (SP 14) (Zoning Text Amendment
No. 21-001)” (Attachment No. 2).
Alternative Action(s):
The City Council may make the following alternative motions:
1. Do not approve Zoning Text Amendment No. 21-001.
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File #:21-255 MEETING DATE:4/5/2021
2. Continue Zoning Text Amendment No. 21-001 and direct staff accordingly.
Analysis:
A.PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Zoning Text Amendment (ZTA) No. 21-001 is a request to amend the Beach and Edinger
Corridors Specific Plan (BECSP) to change the reviewing body from Planning Commission to
Zoning Administrator for conditional use permits (CUP) for alcohol sales and service, and to
clarify exemptions from CUP requirements.
B.BACKGROUND:
Currently, all restaurants, other entertainment type uses, and retail markets that propose to serve
and/or sell alcoholic beverages that are located in the BECSP must obtain approval of a CUP
from the Planning Commission. In most other commercial districts within the City, the same
business types require a CUP from the Zoning Administrator. The CUP process, whether acted
on by the Planning Commission or Zoning Administrator, requires review and analysis by staff,
notification to surrounding property owners and tenants, and a public hearing with the opportunity
to comment before a decision is rendered by the hearing body. All decisions may be appealed to
the next higher hearing body.
On December 21, 2020, the City Council unanimously directed staff to draft the necessary
amendments to the BECSP to lower the level of review from the Planning Commission to the
Zoning Administrator for all CUPs for restaurants and other uses with alcohol service, and that
staff concurrently clarify the entitlement process for retail markets as it relates to alcohol sales
CUPs.
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On March 9, 2021, the Planning Commission held a public hearing on the ZTA. There were no
speakers at the public hearing and no written comments were received. It was noted that prior
alcohol CUPs in BECSP reviewed by the Planning Commission have been non-controversial and
that the ZTA is business friendly. The Planning Commission recommended approval of the
request to the City Council.
Planning Commission Action on March 9, 2021:
A motion was made by Mandic, seconded by Perkins, to recommend to the City Council approval
of ZTA No. 21-001 carried by the following vote:
AYES: Ray, Perkins, Mandic, Scandura, Acosta-Galvan, Rodriguez, Van Der Mark
NOES: None
ABSTAIN: None
ABSENT: None
MOTION PASSED
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D.STAFF ANALYSIS:
The March 9, 2021, Planning Commission staff report provides a more detailed description and
analysis of the proposed ZTA (Attachment No. 4). In summary, staff and the Planning
Commission recommend approval of ZTA No. 21-001 based on the following reasons:
1.It is consistent with City Council direction.
2.It is consistent with general land uses, programs, goals, and policies of the General
Plan, as described in the attached findings and Planning Commission staff report.
3.It addresses a community need by reducing the processing time of CUPs for alcohol
sales and service, which could facilitate the establishment of new businesses, job creation,
and increase sales tax revenues. Clarifying exemptions from CUP requirements will facilitate
land use review and the application of the zoning code.
Environmental Status:
ZTA No. 21-001 is within the scope of the BECSP Program Environmental Impact Report No. 08-008
certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines
Sections 15162 and 15163, no subsequent or supplement to the EIR need be prepared for this ZTA,
and no further environmental review or documentation is required.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval of ZTA No. 21-001
2. Resolution No. 2021-15 for ZTA No. 21-001
3. ZTA No. 21-001 Legislative Draft and Revised BECSP Section 2.2
4. March 9, 2021, Planning Commission Staff Report
5. PowerPoint Presentation
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Attachment No. 1.1
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 21-001
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment (ZTA) No. 21-001 is within the scope of the BECSP Program
Environmental Impact Report No. 08-008 certified by the Planning Commission on December 8,
2009. In accordance with CEQA Guidelines Section 15162 and 15163, no subsequent EIR or
supplement to the EIR need be prepared for this ZTA and no further environmental review or
documentation is required.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 21-001:
1. Zoning Text Amendment No. 21-001 to amend the Beach and Edinger Corridors Specific
Plan (BECSP) to change the reviewing body from Planning Commission to Zoning
Administrator for conditional use permits (CUP) for alcohol sales and service and clarify
exemptions from CUP requirements is consistent with general land uses, programs, goals,
and policies of the General Plan as follows:
Land Use Element:
Goal LU-11 – Commercial land uses provide goods and services to meet regional and local
needs.
Policy LU-11(A) – Encourage a variety of commercial uses that cater to local and regional
demand to create an environment that meets resident needs and increases the capture of
sales tax revenues.
Goal LU-13 – The city provides opportunities for new businesses and employees to ensure a
high quality of life and thriving industry.
The proposed ZTA will reduce the processing time of CUPs for alcohol sales and service,
which could encourage the establishment of new businesses, job creation, and increase
sales tax revenues. Its scope will not affect General Plan land uses or programs
2. Zoning Text Amendment No. 21-001 is compatible with the uses authorized in, and the
standards prescribed for, the zoning district for which it is proposed because it does not
propose any new land uses or revise development standards.
3. A community need is demonstrated for the change proposed because the ZTA will reduce
the processing time of CUPs for alcohol sales and service, which could encourage the
establishment of new businesses, job creation, and increase sales tax revenues.
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Attachment No. 1.2
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because the ZTA will reduce the processing time of CUPs for alcohol sales and
service while still maintaining a requirement for a public hearing to provide for public
participation. Clarifying exemptions from CUP requirements will facilitate land use review
and the application of the zoning code.
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ZONING TEXT AMENDMENT NO. 21-001
LEGISLATIVE DRAFT
(Feb. 18, 2021)
Inserted text shown as bold and underlined font
Deleted text shown as strikeout
Section 2.2 Building Use Regulations
Legend:
-- Not Permitted
Included Use: these uses are allowed by right, subject to Site Plan Review.
ZA Requires Conditional Use Permit approval by Zoning Administrator
Section 2.2.1 Use Types
1) Retail
i) General Retail Requirements
(1) Minimum interior height for ground level retail of all types is fourteen (14) feet
from floor to ceiling. Use conversions in an existing building may not be
required to meet this requirement.
(2) Any uses featuring outdoor sales or outdoor storage not clearly ancillary to
use shall require a Conditional Use Permit.
(3) All building uses with alcohol sales and/or service require Conditional
Use Permit approval by the Zoning Administrator. However, the
following businesses proposing to sell alcoholic beverages for on-site
or off-site consumption are exempt from the conditional use permit
process:
(a) Retail uses with no more than 10% of the floor area devoted to sales,
display, and storage of alcoholic beverages provided the sale of
alcoholic beverages is not in conjunction with the sale of gasoline or
other motor vehicle fuel.
(b) Restaurants, bars, and liquor stores located 300 feet or more from
any R or PS district, public or private school, church, or public use.
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(c) Florist shops offering the sale of a bottle of an alcoholic beverage
together with a floral arrangement.
Section 2.2.1 Use Types
1) Retail
d) Eating & Drinking Establishments
Full service
w/ Outdoor dining
w/ Live entertainment c
w/ Dancing c
w/ Alcohol c ZA
Vendor carts, spaces, or stands
Adult entertainment facilities --
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BOOK II: Development CoDe28 2.2 Building use Regulations2.2 BuilDing uSe regulatiOnS
For the purposes of this Plan, all permitted and conditionally permitted building uses
have been classified into Use Types. Each Use Type is defined in text below and
includes uses such as those listed in the accompanying Use Charts. The Use Charts
include specific permitted, conditional and prohibited uses for each Use Type.
Uses listed as “permitted” in the Development Standards Charts are further regulated
herein and are defined as uses permitted by right subject to approval of a Site Plan
Review. Uses listed as conditional in this section are defined as those which require
special consideration either of their impacts on the neighborhood and land uses in the
vicinity and/or of their physical organization and design. A conditional use shall be
considered for approval if the proposed use conforms with all requirements specified
in the conditional use policy, and if it conforms with the goals and vision of the Plan.
All permitted uses for a single Center or Segment are allowed either alone or in
combination with any other permitted uses within a parcel. Proposed uses that are not
explicitly listed in the Use Charts may be permitted if it is determined by the Planning
Director that the proposed uses meet the purpose and intent of the Plan.
2.2.1 Use Types
1)Retail
Special Conditions for Eating & Drinking Establishments
(1) Vendor Carts, spaces, or stands within the public right-of-way shall require a
conditional use permit.
(2) Chairs and tables for outdoor dining shall be permitted on sidewalks within
the setbacks zone and within the public right-of-way provided that:
(a) The use maintains a minimum five-foot wide unobstructed portion of
sidewalk corridor which is clear and unimpeded for pedestrian traffic.
(b) The use keeps the full width of the building entrance clear and unimpeded
for building access.
i)General Retail Requirements
Special Conditions for Business Services
(1) Financial services shall be permitted in this category providing that they
are offer services that cater to and generate pedestrian traffic. Other
financial services uses are to be considered under “3) Office,” in this
section.
(1) Minimum interior height for ground level retail of all types is fourteen (14)
feet from floor to ceiling. Use conversions in an existing building may not be
required to meet this requirement.
(2) Any uses featuring outdoor sales or outdoor storage not clearly ancillary to use
shall require a Conditional Use Permit.
(3) All building uses with alcohol sales and/or service require Conditional
Use Permit approval by the Zoning Administrator. However, the following
businesses proposing to sell alcoholic beverages for on-site or off-site
consumption are exempt from the conditional use permit process:
(a) Retail uses with no more than 10% of the floor area devoted to sales,
display, and storage of alcoholic beverages provided the sale of alcoholic
beverages is not in conjunction with the sale of gasoline or other motor
vehicle fuel.
(b) Restaurants, bars, and liquor stores located 300 feet or more from any R or
PS district, public or private school, church, or public use.
(c) Florist shops offering the sale of a bottle of an alcoholic beverage
together with a floral arrangement.
a) Specialty Goods Anchors
Definition: A “regional destination”
non-food retail store that is at least
30,000 square feet in size and is a prov-
en generator of significant pedestrian
traffic and sales such as those listed.
Department stores •
General merchandise stores •
Book superstores •
Electronics superstores •
Quality home department
superstores •
b) Community Oriented Anchors
Definition: A “local destination” con-
venience store that is at least 15,000
square feet in size and is a proven
generator of pedestrian traffic and sales
such as those listed
Supermarkets •
Specialty food markets •
Pharmacies & convenience
superstores •
Community oriented anchors
over 65,000 s.f.c
d) Eating & Drinking Establishments
Definition: Restaurants, bars, clubs, or
other drinking/entertainment establish-
ments such as those listed.
Full service •
w/ Outdoor dining •
w/ Live entertainment c
w/ Dancing c
w/ Alcohol ZA
Vendor carts, spaces, or stands •
Adult entertainment facilities --
e) Specialty Goods & Foods
Definition: General retail establishments
selling quality/specialty goods such as
those listed.
Large Scale Goods: goods that, due
to their size, may require close access
by cars and trucks such as appliances,
electronics, sporting goods, furniture,
and home furnishings
Apparel & accessory stores •
Book stores •
Art galleries •
Open air markets •
Second hand / antique stores •
Appliance & electronics stores •
Sporting goods stores •
Furniture & home furnishings
stores •
f) Commercial Recreation & Entertainment
Definition: Establishments providing
resources or activities for exercise,
relaxation, or enjoyment such as those
listed.
Small scale movie theaters c
Bowling centers & billiard parlors c
Health & exercise clubs c
Amusement arcades c
g) Convenience Uses
Definition: Small buisnesses selling
food and goods, or providing conve-
nience services, to serve nearby residen-
tial neighborhoods such as those listed.
Small scale pharmacies •
Small scale grocery or food sales •
Convenience stores •
Delicatessens, cafes, bakeries •
Florists •
Hardware stores / lock & key
shops •
Video rentals •
Eating & drinking establishments
w/ less thatn 12 seats •
h) Business Services
Definition: Small to medium sized busi-
nesses providing services to local busi-
nesses and residents such as those listed.
Banks •
Mail / shipping services •
Office supply •
Photo copying & printing •
Financial services c
i) Personal Services
Definition: Small to medium sized
businesses providing services to local
households such as those listed.
Barber shops / hair & nail salons •
Tanning salons & spas •
Yoga & karate studios •
Dry cleaning establishments •
Self service laundromats •
k) Service Commercial & Repair
Definition: Businesses providing
services to industry, services that are
industrial in nature, or services that are
best suited to an auto-oriented environ-
ment such as those listed
Plumbing services •
Vacum cleaner, sewing, and appli-
ance repair •
Gas stations c
l) Large Scale Commercial Goods
Definition: Businesses whose primary
activity is the sale or repair of large
scale / commercial goods that are not
particularly well suited to pedestrian
districts and that require close access by
cars and trucks such as those listed
Warehouse retail •
Equipment retail •
Construction supply •
Restaurant supply •
Auto supply stores •
Legend:
--Not Permitted•Included Use: these uses are allowed by right, subject to Site Plan Review.
ZA Requires Conditional Use Permit approval by Zoning Administrator
c) Entertainment AnchorsDefinition: An Establishment provid-
ing resources or activities for exercise,
relaxation, or enjoyment that is at least
15,000 square feet in size and is a proven
generator of significant pedestrian traffic
and sales such as those listed.
Movie theaters c
j) Personal Enrichment Services
Definition: Provision of instructional
services or facilities
Driver education •
Yoga, dance, martial arts, or other
fitness studios •
Fine arts & crafts •
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City of Huntington Beach
File #:21-165 MEETING DATE:3/9/2021
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Director of Community Development
BY:Ricky Ramos, Senior Planner
SUBJECT:
ZONING TEXT AMENDMENT NO. 21-001 (BEACH AND EDINGER CORRIDORS
SPECIFIC PLAN ALCOHOL)
REQUEST:
To amend the Beach and Edinger Corridors Specific Plan (BECSP) to change
the reviewing body from Planning Commission to Zoning Administrator for
conditional use permits (CUP) for alcohol sales and service and clarify
exemptions from CUP requirements.
LOCATION:
BECSP Planning Area
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Various
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Are the proposed amendments consistent with the City Council direction?
2. Does the project satisfy all the findings required for approval of a Zoning Text Amendment?
3. Has the appropriate level of environmental analysis been determined?
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File #:21-165 MEETING DATE:3/9/2021
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Find that Zoning Text Amendment (ZTA) No. 21-001 is within the scope of the BECSP
Program Environmental Impact Report No. 08-008 certified by the Planning Commission on
December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163, no subsequent
EIR or supplement to the EIR need be prepared for this ZTA and no further environmental review or
documentation is required (Attachment No. 1).
B) Recommend approval of Zoning Text Amendment No. 21-001 with findings (Attachment No. 1)
by approving draft City Council Resolution No. 2021-15 and forward to the City Council for
consideration.
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 21-001 to the City Council.
B) Continue Zoning Text Amendment No. 21-001 and direct staff accordingly.
PROJECT PROPOSAL:
Currently, all restaurants, other entertainment type uses, and retail markets that propose to serve
and/or sell alcoholic beverages and are located in the BECSP must obtain approval of a CUP from
the Planning Commission (PC). In most other commercial districts within the city, the same business
types require a CUP from the Zoning Administrator (ZA). The CUP process, whether acted on by the
PC or ZA, requires review and analysis by staff, notification to surrounding property owners and
tenants, and a public hearing with an opportunity to comment before a decision is rendered by the
hearing body. All decisions are appealable to the next higher hearing body.
On December 21, 2020 the City Council unanimously directed staff to draft the necessary
amendments to the BECSP to lower the level of review from the PC to ZA for all CUPs for
restaurants and other uses with alcohol service and that staff concurrently clarify the entitlement
process for retail markets as it relates to alcohol sales CUPs (Attachment Nos. 4 and 5).
ISSUES AND ANALYSIS:
General Plan Conformance:
The ZTA is consistent with the goals and policies of the General Plan as follows:
Land Use Element:
Goal LU-11 - Commercial land uses provide goods and services to meet regional and local needs.
Policy LU-11(A)- Encourage a variety of commercial uses that cater to local and regional demand to
create an environment that meets resident needs and increases the capture of sales tax revenues.
Goal LU-13 - The city provides opportunities for new businesses and employees to ensure a high
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File #:21-165 MEETING DATE:3/9/2021
Goal LU-13 - The city provides opportunities for new businesses and employees to ensure a high
quality of life and thriving industry.
While still subject to a public hearing process, the proposed ZTA will reduce the processing time of
CUPs for alcohol sales and service and could spur the establishment of new businesses, facilitate job
creation, and increase sales tax revenues.
Zoning Compliance:
Zoning Text Amendment
ZTA No. 21-001 includes the following amendments to Book II - Development Code, Section 2.2
(Building Use Regulations) to implement the City Council’s direction (Attachment No. 3):
a. Section 2.2 - add a third line to the legend to identify a requirement for CUP approval by the
ZA.
b. Section 2.2.1 (Use Types), Subsection 1) (d) (Eating and Drinking Establishments with
alcohol) - indicate a requirement for a CUP approval by the ZA instead of the PC.
Presently, Section 2.0.5.(1) of BECSP states that the PC has authority to approve or deny a CUP
unless otherwise specified for a particular use. As a result, the text changes identified above are
necessary to specify CUP review by the ZA for Eating and Drinking Establishments with alcohol as
directed by the City Council.
The following changes will also specify ZA review for markets with a large percentage of alcohol
sales. Similar to other commercial districts within the City, businesses with a very small amount of
alcohol sales can be exempted from the CUP process altogether.
c. Section 2.2.1.(1) (Retail) - add the following provisions taken from the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) under #3:
All building uses with alcohol sales and/or service require Conditional Use Permit approval by
the Zoning Administrator. However, the following businesses proposing to sell alcoholic
beverages for on-site or off-site consumption are exempt from the conditional use permit
process:
Retail uses with no more than 10% of the floor area devoted to sales, display, and storage of
alcoholic beverages provided the sale of alcoholic beverages is not in conjunction with the
sale of gasoline or other motor vehicle fuel.
Restaurants, bars, and liquor stores located 300 feet or more from any R or PS district, public
or private school, church, or public use.
Florist shops offering the sale of a bottle of an alcoholic beverage together with a floral
arrangement.
The addition of the HBZSO provisions outlined above is in response to City Council direction that
staff concurrently clarify the entitlement process for retail markets as it relates to alcohol sales CUPs.City of Huntington Beach Printed on 3/4/2021Page 3 of 5
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File #:21-165 MEETING DATE:3/9/2021
staff concurrently clarify the entitlement process for retail markets as it relates to alcohol sales CUPs.
The CUP exemptions are codified in HBZSO Chapter 210 (Commercial Districts) which pertains to
the city’s base commercial districts. Adding these exemptions in the BECSP will facilitate land use
review and the application of the zoning code.
Overall, this amendment will reduce the entitlement processing time for alcohol CUPs based on the
typical processing time to PC (4 to 6 months) and ZA (3 to 4 months). The current ZA CUP fee is
$7,303 at 100 percent cost recovery. The current PC CUP fee for alcohol/dancing/live entertainment
is $5,823 and represents 50 percent cost recovery. Staff is recommending charging the lower PC
alcohol CUP fee for all future ZA alcohol CUP applications after this ZTA is adopted.
Lastly, the ZTA does not propose any new land uses or revise development standards. It addresses
a community need to reduce the processing time of CUPs for alcohol sales and service, which could
facilitate the establishment of new businesses, result in new job creation, and increase sales tax
revenues.
Urban Design Guidelines Conformance:
Not applicable.
Environmental Status:
ZTA No. 21-001 is within the scope of the BECSP Program Environmental Impact Report No. 08-008
certified by the Planning Commission on December 8, 2009. In accordance with CEQA Guidelines
Sections 15162 and 15163, no subsequent EIR or supplement to the EIR need be prepared for this
ZTA and no further environmental review or documentation is required.
Coastal Status:
Not applicable.
Design Review Board:
Not applicable.
Subdivision Committee:
Not applicable.
Other Departments Concerns and Requirements:
Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on February 25, 2021 and notices were
sent to individuals and organizations requesting notification (Planning Division’s Notification Matrix).
In lieu of sending notices to all property owners for all properties within the BECSP and within a 500
foot radius, a minimum 1/8 page advertisement was published instead. As of March 2, 2021 no
communications regarding the request have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
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File #:21-165 MEETING DATE:3/9/2021
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
SUMMARY:
Staff is recommending approval of ZTA No. 21-001 based on the following reasons:
1. It is consistent with City Council direction.
2. It is consistent with general land uses, programs, goals, and policies of the General Plan.
3. It addresses a community need by reducing the processing time of CUPs for alcohol sales and
service, which could facilitate the establishment of new businesses, job creation, and increase
sales tax revenues. Clarifying exemptions from CUP requirements will facilitate land use review
and the application of the zoning code.
ATTACHMENTS:
1.Suggested Findings of Approval - ZTA No. 21-001
2. Draft City Council Resolution No. 2021-15
3. ZTA No. 21-001 Legislative Draft and Revised BECSP Section 2.2
4. Excerpt of Dec. 21, 2020 City Council Minutes
5. Council Member Kalmick memorandum dated Dec. 21, 2020
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Zoning Text Amendment No. 21-001
(Beach and Edinger Corridors
Specific Plan Alcohol)
April 5, 2021
401
REQUEST
Zoning Text Amendment (ZTA) 21-001
To amend the Beach and Edinger Corridors Specific Plan (BECSP) to change
the reviewing body from Planning Commission (PC) to Zoning Administrator
(ZA) for conditional use permits (CUP) for alcohol sales and service and to
clarify exemptions from CUP requirements
Dec. 21, 2020 City Council unanimously directed staff to process this ZTA
Currently in BECSP restaurants with alcohol and alcohol retailers (BevMo,
Total Wine) require a CUP to PC
402
REQUEST
Zoning Text Amendment (ZTA) 21-001
1.Section 2.2 (Building Use Regulations) -add 3rd line to legend to identify a
CUP requirement to the ZA
403
REQUEST
Zoning Text Amendment (ZTA) 21-001
2.Section 2.2.1 (Use Types), Section 1)(d) (Eating and Drinking Establishments
with alcohol) –indicate a requirement for CUP approval by ZA instead of PC
404
REQUEST
Zoning Text Amendment (ZTA) 21-001
3.Section 2.2.1.(1)(Retail) –add the following provisions from HBZSO under #(3)
405
ANALYSIS
Consistent with most other commercial districts in city where alcohol CUPs are
reviewed by the ZA
Whether PC or ZA, CUP process requires:
1.Review and analysis by staff;
2.Notification of surrounding property owners and tenants;
3.Public hearing; and
4.Decision appealable to next higher hearing body
ZTA will reduce the processing time for alcohol CUPs based on typical processing time
to PC (4 to 6 months) and ZA (3 to 4 months)
No speakers at Planning Commission public hearing
406
RECOMMENDATION
Planning Commission and staff recommend approval of the ZTA based on the
following:
Consistent with City Council direction
Consistent with General Plan goals and policies
Addresses a community need by reducing processing time of CUPs for alcohol
sales/service
407
END
408
City of Huntington Beach
File #:21-263 MEETING DATE:4/5/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:John Clark, Interim Director of Administrative Services
Subject:
Adopt Resolutions No. 2021-25 and 2021-26 approving Side Letter Agreements to modify the
Memorandum of Understandings (MOU) between the City and the Huntington Beach Municipal
Teamsters (HBMT) and Management Employees’ Organization (MEO) through December 31,
2021
Statement of Issue:
The Memoranda of Understanding (MOUs) between the City and the Huntington Beach Municipal
Teamsters (HBMT) and the Management Employees’ Organization (MEO) expired on September 30,
2020, and October 31, 2020, respectively. Subsequently, the City met and conferred with HBMT and
MEO, reaching agreement to modify and extend the existing MOUs through December 31, 2021.
Financial Impact:
There is no immediate, direct financial impact to these Side Letter Agreements. There will be indirect
costs over time, as employees who use this 20-hour leave bank maintain their current leave accruals
to draw down at a future date. The total indirect costs of the 20-hour leave bank for HBMT and MEO
is $268,821 and $128,855, respectively.
Recommended Action:
A) Adopt Resolution No. 2021-25, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding (MOU) Between the City and the Huntington Beach
Municipal Teamsters (HBMT) by Adopting the Side Letter of Agreement;” and,
B) Adopt Resolution No. 2021-26, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding (MOU) Between the City and the Management
Employees’ Organization (MEO) by Adopting the Side Letter of Agreement.”
Alternative Action(s):
Do not adopt these resolutions and direct staff to: (1) continue to meet and confer with HBMT and
MEO, or (2) utilize the impasses procedures contained within the City’s Employer-Employee
Relations Resolution.
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File #:21-263 MEETING DATE:4/5/2021
Analysis:
The Huntington Beach Municipal Teamsters represent approximately 375 employees in the City, and
the Management Employees’ Organization represent around 100 employees.
Following the expiration of these Memoranda of Understanding (MOUs) in late 2020, representatives
from the City and the Associations met and conferred, ultimately reaching agreement to extend the
existing terms of the MOUs through the end of this calendar year, with only minor modifications to
contract provisions. These agreements were reached in large part due to the negative impacts of
COVID-19 and the economic uncertainty brought on by the pandemic, as well as the impacts of staff
departures through the City’s Separation Incentive Program.
Key changes in the proposed Side Letter Agreements include the following:
·Term of Agreements
Extended through December 31, 2021
·Leave Benefits
Employees shall receive twenty (20) hours of personal time that must be used during the term
of the agreements, or it is forfeited with no cash value.
·Employee Impacts
There will be no additional employee impacts during the term of the agreements.
All negotiated provisions are outlined in the Side Letter Agreements (Attachments Nos. 1-2).
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-25, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding (MOU) Between the City and the Huntington
Beach Municipal Teamsters (HBMT) by Adopting the Side Letter of Agreement.”
2. Resolution No. 2021-26, “A Resolution of the City Council of the City of Huntington Beach
Amending the Memorandum of Understanding (MOU) Between the City and the Huntington
Beach Management Employees’ Organization (MEO) by Adopting the Side Letter of Agreement.”
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City of Huntington Beach
File #:21-274 MEETING DATE:4/5/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Julian Harvey, Interim Chief of Police
Subject:
Approve and accept the California Office of Emergency Services (Cal OES) Violence Against
Women Act Grant (LE20046860) to the City of Huntington Beach for the 2021 calendar year;
authorize the Chief of Police to execute documents; approve appropriations; and, amend the
Professional Services Listing to include provided domestic violence services
Statement of Issue:
The Police Department applied for a grant through the California Governor’s Office of Emergency
Services (Cal OES) to fund our Violence Against Women Program. The Police Department was
notified of its award of $203,143. City Council approval is needed to fully accept the grant from the
State for the 2021 funding cycle.
Financial Impact:
A City match amount of $67,714 is required and has been included in the Police Department’s budget
under the General Fund, Account Number 10070203. The total project cost for the 2021 calendar
year is $270,857, with the $203,143 grant award offsetting a significant portion of these costs . A new
grant fund will be established along with the required appropriation for the grant upon approval by
City Council. No additional appropriation of funds is necessary.
Recommended Action:
A) Accept the grant between the State of California, Governor’s Office of Emergency Services, and
the City of Huntington Beach; and,
B) Assign authority to the Chief of Police as the official to execute and sign for the award and to
approve amendments and extensions; and,
C) Approve the appropriation and expenditure of $270,857 of which $203,143 is to be fully
reimbursed by the grant from Cal OES. The remaining $67,714 will be funded from appropriations in
the Police Department’s budget; and,
D) Amend the Professional Services Listing to include provided domestic violence services.
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File #:21-274 MEETING DATE:4/5/2021
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Police Department applied for and was awarded a grant by Cal OES to combat, investigate, and
prosecute domestic violence, sexual assault, and stalking cases. This grant funding is $270,857,
which includes the $67,714 match. The majority of the grant will pay for the services of a Victim
Advocate and counselor. The Victim Advocate is contracted through Waymakers Victim Assistance
Program and Interval House. The remaining funds will pay for two part-time domestic violence
investigators.
This collaboration has been in effect since 1998. Since the inception of the Violence Against Women
Project, the Advocates have been continuously funded through a series of grants. The goal of the
program is to help heal families and stop the cycle of violence. Without this grant, the Police
Department would not be able to offer the services of Victim Advocates to victims of domestic
violence. The Advocates work closely with a Police Department investigator to form a cohesive team
to assist victims.
The acceptance of the grant will pay for the collaboration involving the Police Department through
December 31, 2021. The cash match of $67,714 is located within the existing Police Department
budget. In addition, the agreement with Interval House offers priority shelter for domestic violence
victims and their children from Huntington Beach on a 24-hour basis. The two part-time investigators
assist a full-time detective, allowing the Police Department to investigate domestic violence incidents
in a timely manner, resulting in improved services to victims.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Community Engagement
Attachment(s):
1) Grant Award Letter and packet
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NOTIFICATION OF APPLICATION APPROVAL
Law Enforcement Specialized Units Program
Subaward #: LE20 04 6860, Cal OES ID: 059-36000
Dear Lt. Nesmith:
Christopher Nesmith, Lieutenant
Huntington Beach, City of
2000 Main Street
Huntington Beach, CA 92648-2702
Subject:
March 19, 2021
3650 SCHRIEVER AVENUE l MATHER, CALIFORNIA 95655
TELEPHONE: (916) 845-8112
VICTIM SERVICES & PUBLIC SAFETY BRANCH
GAVIN NEWSOM
GOVERNOR
MARK S. GHILARDUCCI
DIRECTOR
Congratulations! The California Governor's Office of Emergency Services (Cal OES)
has approved your application in the amount of $203,143, subject to Budget
approval. A copy of your approved subaward is enclosed for your records.
Cal OES will make every effort to process payment requests within 45 days of
receipt.
This subaward is subject to the Cal OES Subrecipient Handbook. You are
encouraged to read and familiarize yourself with the Cal OES Subrecipient
Handbook, which can be viewed on Cal OES website at www.caloes.ca.gov.
Any funds received in excess of current needs, approved amounts, or those found
owed as a result of a close-out or audit, must be refunded to the State within 30
days upon receipt of an invoice from Cal OES.
Should you have questions on your subaward please contact your Program
Specialist.
VSPS Grants Processing
Enclosure
c: Subrecipient's file
419
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
The Colifornlo Govemofs Oflice of Emergency Services (Col OES) hereby makes a Grant Suboword of funds to the following:
1. Subreclplent: Cily of Hunlington Beach
2. Implementing Agency:Huntington Beach Police Deportment
la. DUNS#: 078143948
2a. DUNS#: 078143948
3. Implementing Agency Address: 2000 Main Street Huntington Beach 92648-2702
4. location of Project:
5. Disaster/Program Title:
7. Indirect Cost Rate:
8. 2020 STOP
9. Select Select
10. Select Select
11. Select Select
12. Select Select
Total Project Cost
Huntlnglon Beach
(Street)
(City)
low Enforcement Specialized Units Program
N/A
$203,143
$203 143
(City)
Oronge
(County)
6. Performance_-,--'"1 f�l/=2'--02-'-1� -Perlod: (Start Dole)
to
(Zlp+4)
92648-2702
(Zip+4)
12/31/2021
(End Dote)
Federally Approved ICR (If applicable): ______ %
$67,714 $67,714 $270,857
$203,143 $67,714 $67 714 $270.857
13. Certlllcotlon -This Grant Suboword consists of this tllle page, the oppficotlon for the grant. which is attached and made a port hereof, and the
Assurances/Cerlificollons. I hereby certify 1 om vested with the authority lo enter lnlo this Grant Suboword, and hove the approval of the Cily/Counly Financial
Officer, City Manager, County Administrator. Governing Board Choir, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this
agreement wlll be spent exclusively on the purposes specified In the Grant Suboword. The Subrecipient accepts this Gron I Subaword and agrees to administer the
grant project in accordance with the Grant Suboword as well as all applicable state and federal laws, audit requirements. federal program guidelines, and Cot
OES policy and program guidance. The Subreclplent further agrees lhot the allocation of funds may be contingent on the enactment of the Stole Budget.
14. CA Publlc Records Act - Grant applications ore subject to the California Public Records Act, Government Code section 6250 el seq. Do not put any personally
identifiable lnformalion or private Information on this app6collon. If you believe that any of the lnformollon you ore pulling on this oppllcotlon Is exempt from the
Public Records Act, please attach a statement that indicates what porllons of the application and the basis for the exemption. Your statement that the
information Is not subject to the Public Records Act will not guarantee that the lnformollon will not be disclosed.
15. Officio! Authorized lo Sign for Subreclplent:
Nome: Kelly Rodriguez
Payment Malling Address: 2000 Main Street
TIiie: Acting Chief of Police
City: Huntington Beach Zip Code+4: 92648-2702
Signature: Dale: __ /()_,_2_ _ _t.LJ _________
16.Federol Employer ID Number:
I · ..... ,.. -·:(fORCalOESUSEONlY) ·. ·.,.,;,·_ ····.·
I hereby certify upon my personal knowledge that budgeted funds ore available for the pertod and purposes of this expenditure stoled above.
(Cal OES Fiscal Officer) (Dale)
ENY: 2020-21 Chapter: 6 SL: 18410 Item: 0690-102-0890 Pgm: 0385 FAIN#: 2020-WF-AX-0044 07/01/20-06/30/22 Fund: Federal Trust AL#: 16.588 Program: Low Enforcement Specialized Units Program Maleh Req.: 25%, C/IK based on TPC Project ID: OES20STOP000012 SC: 2020-184 l O Amount: $ 203,143
Gron! Suboword faco Sheet Cal OES 2·101 (Revised 07/2020}
(Col OES Director or Deslgnee) (Dote)
DocuSign Envelope ID: A0F0975F-6F8A-46DD-9940-F918627FC0C9
1/11/2021 1/11/2021
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
VSPS Budget Summary Report
03/19/21 F/S/L (Funding Types): F=Federal, S=State, L=Local Match
Paid/Expended=posted in ledger w/Claim Schedule, Pending=Processed, but not yet in Claim Schedule
Total Local Match: 0
F/S/L
F/S/L
F/S/L
Funding Source
Funding Source
Funding Source
67,714
Budget Amount
Budget Amount
Budget Amount
Paid/Expended
Paid/Expended
Paid/Expended
A. Personal Services - Salaries/Employee Benefits
B. Operating Expenses
C. Equipment
Balance
Balance
Balance
67,714
20STOP
20STOP
20STOP
20STOP
20STOP
20STOP
F
L
F
L
F
L
0
0
0
0
0
0
68,812
67,714
134,331
0
0
0
68,812
67,714
134,331
0
0
0
Law Enforcement Specialized Units Program
Huntington Beach, City of
LE20 Law Enforcement Specialized Units Program
Total Funded:
Total Project Cost:
0 203,143 203,143
0 270,857 270,857
Budget Amount Paid/Expended Balance
0
0
0
136,526
134,331
0
136,526
134,331
0
Total A. Personal Services - Salaries/Employee Benefits:
Total B. Operating Expenses:
Total C. Equipment:
Pending
Pending
Pending
Pending Balance
Pending Balance
Pending Balance
0
0
0
0
0
0
68,812
67,714
134,331
0
0
0
0
0
0
136,526
134,331
0
0 67,714
0 203,143
0 270,857
Pending Pending Balance
Performance Period: 01/01/21 - 12/31/21
blank filler
blank filler
blank filler
Subaward #: LE20 04 6860
Latest Request: , Not Final 201
440
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446
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449
450
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City of Huntington Beach
File #:21-289 MEETING DATE:4/5/2021
Submitted by Mayor Carr and Councilmember Kalmick - The City of Huntington Beach
Denounces All Hate Crimes and Reaffirms Its Commitment To Safety and Inclusivity For All
Adopt this declaration to denounce all hate crimes and reaffirm the City’s commitment to safety and
inclusivity for all.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE CITY COUNCIL
FROM: KIM CARR, MAYOR AND DAN KALMICK, CITY COUNCIL MEMBER
DATE: MARCH 31, 2021
SUBJECT: THE CITY OF HUNTINGTON BEACH DENOUNCES ALL HATE CRIMES AND
REAFFIRMS ITS COMMITMENT TO SAFETY AND INCLUSIVITY FOR ALL
Whereas, Huntington Beach is home to a vibrant and diverse community where one in eight
Huntington Beach residents is of Asian or Pacific Islander descent and one in five is of Hispanic or
Latino descent; and
Whereas, Black, Indigenous, and other People of Color (BIPOC) communities including Asian
immigrants are vital to the cultural richness and prosperity of Huntington Beach; and
Whereas, when the COVID-19 pandemic began, inflammatory and xenophobic rhetoric referring
to the pandemic as the “Chinese Virus” or “Kung Flu” put Asian American and Pacific Islander
(AAPI) families, communities and businesses at risk for bullying, harassment and hate crimes; and
Whereas, the use of anti-Asian terminology and rhetoric related to COVID-19 have perpetuated
anti-Asian sentiment and a surge in hate crimes and incidents against AAPIs; and
Whereas, the Orange County Human Relations Commission documented a ten-fold increase in
hate crimes and incidents against AAPIs in Orange County during 2020; and
Whereas, combatting racial discrimination, harassment, and violence require the immediate
attention and action of local and national policy makers and community members; and
Whereas, as a nation, we must confront, at interpersonal and institutional levels, the
pervasiveness of racism and its impact across communities, so that we may establish safe and
inclusive communities for all; and
Whereas any act of hate against one person is an act against the community as a whole; and
Whereas Huntington Beach is no place for hate;
Resolved that the Huntington Beach City Council, on behalf of the City and all residents:
1. Denounces hate crimes, xenophobic rhetoric, racism and harassment against AAPIs and
other minority communities.
466
Declaration Denouncing Hate Crimes
March 31, 2021
Page 2 of 2
2. Reaffirm our commitment to ensure that AAPIs and all residents and visitors in
Huntington Beach feel safe and welcome, both during this COVID-19 pandemic and
beyond.
The Huntington Beach City Council also directs the Huntington Beach Human Relations Task Force
working with the Huntington Beach Police Department to:
1. Publish data summaries of reported hate crimes and incidents on the Task Force’s website
and the City’s Diversity, Equity, and Inclusion website on a quarterly basis.
2. With community stakeholder input, submit written recommendations for responding to
race-based hate crimes and incidents in Huntington Beach to the City Council.
Finally, the Huntington Beach City Council supports the Orange County Board of Supervisors in
providing funding to local municipalities, so they can track and monitor hate incidents as part of
their Public Safety and Community Outreach budgets.
467
City of Huntington Beach
File #:21-291 MEETING DATE:4/5/2021
Submitted by Mayor Pro Tem Ortiz - Consider directing staff to develop procedures to
facilitate Ticketed, Stand-Alone Musical Entertainment Events at appropriate City venues
I recommend that the City Council direct staff to develop and bring back for review new procedures to
facilitate ticketed, stand-alone musical entertainment events at certain appropriate City venues.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: TITO ORTIZ, MAYOR PRO TEM
DATE: APRIL 5, 2021
SUBJECT: CONSIDER DIRECTING STAFF TO DEVELOP PROCEDURES TO FACILITATE
TICKETED, STAND-ALONE MUSICAL ENTERTAINMENT EVENTS AT APPROPRIATE
CITY VENUES
BACKGROUND
Currently, while the City does allow smaller scale musical acts as a component of programs
permitted through our Specific Events process, the City’s practice has been to deny all requests
from entities looking to host larger-scale, ticketed, live-music concert events at the beach or
other relevant City venues. This prohibition has remained in place even as the State has offered
live music concerts at Huntington State Beach and Bolsa Chica Beach over the years
Based on Orange County’s transition to the Orange Tier of the State’s “Blueprint for a Safer
Economy,” effective April 1, our region will be allowed to host modified outdoor seated live
events and performances (see attached). Given that factor, and in an effort to encourage
additional post-COVID-19 activities in Huntington Beach, I would like to have staff develop a plan
to facilitate outdoor stand-alone musical entertainment events to take place later this year.
RECOMMENDED ACTION
I recommend that the City Council direct staff to develop and bring back for review new
procedures to facilitate ticketed, stand-alone musical entertainment events at certain
appropriate City venues.
469
City of Huntington Beach
File #:21-290 MEETING DATE:4/5/2021
Submitted by Councilmembers Mike Posey and Natalie Moser - Direct staff to develop
Municipal Code adjustments to revise existing E-Bike Use Regulations on the City’s Beach
Path
We recommend that the City Council direct staff to develop for consideration an overall beach path
safety management plan that would include updated municipal code language allowing the use of e-
bikes, coupled with other regulatory, infrastructure, and speed enforcement plans.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MIKE POSEY, CITY COUNCIL MEMBER
NATALIE MOSER, CITY COUNCIL MEMBER
DATE: APRIL 5, 2021
SUBJECT: DIRECTING STAFF TO DEVELOP MUNICIPAL CODE ADJUSTMENTS TO REVISE
EXISTING E-BIKE USE REGULATIONS ON THE CITY’S BEACH PATH
BACKGROUND
In 2017, the City enacted changes to Huntington Beach Municipal Code Section 13.08.280,
related to vehicle use restrictions at the beach and on the City’s beach path. Per the adjustment
that was made, the revised regulations currently stipulate the following:
“No Person shall operate or possess any motor-driven cycle, motor-driven bicycle, motorcycle,
automobile, motor truck or other motorized vehicle or conveyance (regardless of power source or size)
on the Beach or Adjacent Beach Area other than for law enforcement, lifesaving or emergency purposes,
or for Beach maintenance purposes, except by permit issued by the Director; nor on any roads on which
signs are posted prohibiting such activity, nor in any manner or direction prohibited by posted signs, nor
on any Beach or Adjacent Beach Area other than on the roads, drives or parking areas designed for such
purposes.”
In effect, these existing rules constitute a ban on the use of e-bikes on the City’s beach path.
During the pandemic, as more individuals have purchased and used e-bikes, there have been a
notable number of complaints received by the City regarding unsafe e-bike usage. However,
while public safety issues certainly exist on the beach path today, those concerns are associated
with the mixing of pedestrians, bikers, skaters, and other types of users, because of the speed
differentiation between the various mixed transportation modes. Certainly, regular bikes or
skaters can create the same public safety concern as e-bikes when moving at high speeds.
To that end, we would suggest that the City Council direct staff to develop updated municipal
code adjustments that would allow e-bike usage on the City’s beach path, while simultaneously
developing regulatory, infrastructure, and speed enforcement plans to better manage and
monitor user speed on the bike path.
RECOMMENDED ACTION
We recommend that the City Council direct staff to develop for consideration an overall beach
path safety management plan that would include updated municipal code language allowing the
use of e-bikes, coupled with other regulatory, infrastructure, and speed enforcement plans.
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City of Huntington Beach
File #:21-292 MEETING DATE:4/5/2021
Submitted by Councilmember Kalmick - The City of Huntington Beach Denounces Any
Movements Promoting White Supremacy Within Its Community
Adopt this Declaration of the City Council to denounce any movements promoting or supporting
White Supremacy within our community.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE CITY COUNCIL
FROM: DAN KALMICK, CITY COUNCIL MEMBER
DATE: MARCH 31, 2021
SUBJECT: THE CITY OF HUNTINGTON BEACH DENOUNCES ANY MOVEMENTS PROMOTING
WHITE SUPREMACY WITHIN ITS COMMUNITY
Whereas, the City of Huntington Beach recognizes the values of a diverse community and the
strengths each resident and business contributes towards supporting and enriching the values
and missions of the City for generations to come; and
Whereas, the City of Huntington Beach has become aware of a forthcoming event titled “White
Lives Matter” to march and rally at all major city centers including the Huntington Beach Pier;
and
Whereas, the City denounces any and all movements or eve nts that threatens the diverse fabric
of our great community through the use of inflammatory rhetoric and veiled threats against
minority communities; and
Whereas, while the City respects and values the First Amendment rights of all Americans, it
unequivocally denounces hate speech and the promotion of any false narratives that White
Americans are unduly subject to “anti-White racism and violence” in our community; and
Whereas, the City continues to promote equity in every respect, yet its steady inclusion on all
levels should not be construed as an attack upon any group’s freedoms and inh erent privileges.
Resolved that the Huntington Beach City Council, on behalf of the City and all residents:
1. Denounce any and all acts of White Supremacy, which promote fear and division within
our community.
2. The City of Huntington Beach will remain vigilant against future movements the promote
white supremacist sentiments in our community.
RECOMMENDED ACTION
I recommend that the City Council:
Adopt this Declaration of the City Council to denounce any movements promoting or
supporting White Supremacy within our community.
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City of Huntington Beach
File #:21-293 MEETING DATE:4/5/2021
Submitted by Councilmember Moser - Consider Cosponsoring a Virtual Event on April 11 with
Orange County Human Relations, and directing staff to coordinate a Diversity, Equity and
Inclusion Event at Central Park on April 18
I recommend that the City Council:
·Serve as an official co-sponsor of the virtual event being hosted by OC Human Relations on
April 11, 2021.
·Direct staff to develop an outdoor event focused on diversity, equity, and inclusion at Central
Park on April 18, 2021.
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE CITY COUNCIL
FROM: NATALIE MOSER, CITY COUNCIL MEMBER
DATE: APRIL 5, 2021
SUBJECT: CONSIDER COSPONSORING A VIRTUAL EVENT ON APRIL 11 WITH ORANGE
COUNTY HUMAN RELATIONS, AND DIRECTING STAFF TO COORDINATE A
DIVERSITY, EQUITY AND INCLUSION EVENT AT CENTRAL PARK ON APRIL 18
During the past year, a number of difficult and challenging events around issues of race have
highlighted a growing divide in our nation and here in our Huntington Beach community. Orange
County Human Relations has reported that in our region, we have recorded annual increases in
the number of reported hate crimes for four consecutive years.
Against that backdrop, Orange County Human Relations (OC Human Relations) is working to
coordinate an online virtual event on April 11, 2021, to encourage dialogue emphasizing the fact
that we continue to maintain a vision for our country grounded in mutual respect, acceptance,
and equality. I propose that the City of Huntington Beach cosponsor that OC Human Relations
event.
In addition, I am asking that the City Council support my request to direct staff to develop an
event focused around diversity, equity, and inclusion on April 18, 2021, at Central Park. While a
small gesture, coordinating such an event would allow our public safety teams to focus on
keeping the community safe while we address issues associated with the “White Lives Matte r”
rally that will be held at the Pier on April 11, 2021. Further, hosting such an event will serve to
articulate and reinforce for our community that the City is focused on building bridges between
diverse people and cultures, and that everyone – regardless of race, gender, sexual orientation,
or socio-economic status – is welcome here in Surf City.
RECOMMENDED ACTION
I recommend that the City Council:
Serve as an official co-sponsor of the virtual event being hosted by OC Human Relations
on April 11, 2021.
Direct staff to develop an outdoor event focused on diversity, equity, and inclusion at
Central Park on April 18, 2021.
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