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HomeMy WebLinkAbout2022-12-20 Agenda Packet - HybridIN-PERSON PUBLIC PARTICIPATION/ZOOM ACCESS: Members wishing to attend the meeting in person are encouraged to wear a face covering. Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference (i.e., virtual using Zoom), or in person if in part, State and Local officials continue to recommend measures to promote social distancing. In addition to this hybrid format, alternate ways to view City Council meetings live or on-demand remain: livestreamed on HBTV Channel 3 (replayed on Wednesday’s at 10:00 a.m. and Thursday’s at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar ; or, from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items, including Study Session, Closed Session, and Public Hearing, may do so in person by completing a Request to Speak form delivered to the City Clerk, or from a virtual location by entering Zoom Webinar ID 971 5413 0528 via computer device, or by phone at (669) 900-6833. The Zoom Webinar can be accessed here: https://huntingtonbeach.zoom.us/j/97154130528 . Instructions for those utilizing computer devices to request to speak are provided in each section of the agenda where public comments are accepted. Members of the public unable to personally participate in the meeting 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 the day of the meeting, 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. Communications received following the 2:00 PM deadline will be incorporated into the administrative record. 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. AGENDA City Council/Public Financing Authority Tuesday, December 20, 2022 Special Meetings of the Housing Authority, Parking Authority and Successor Agency No Study Session / 4:30 PM Closed Session 6:00 PM Regular Business Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 --or-- Virtual via Zoom Webinar MAYOR AND CITY COUNCIL TONY STRICKLAND, Mayor GRACEY VAN DER MARK, Mayor Pro Tem RHONDA BOLTON, Councilmember PAT BURNS, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember STAFF AL ZELINKA, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA December 20, 2022City Council/Public Financing Authority 4:30 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns City Clerk Robin Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. Individuals wishing to provide a comment on item(s) scheduled for Study Session or Closed Session may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to 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. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 22-11011.Mayor Strickland to announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators, Al Zelinka, City Manager and Peter Brown Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director, Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Page 1 of 13 2 AGENDA December 20, 2022City Council/Public Financing Authority Financial Officer, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers’ Association (HBPOA). CLOSED SESSION 22-10972.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Chodzko (Tara) v. City of Huntington Beach; OCSC Case No.: 30-2021-01237196. 22-10983.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Babaie (Masoud) and Hervin-Babaie (Negin) v. City of Huntington Beach; Case No. 30-2020-01159653. 22-10994.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Whitaker (Brittany) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01235807. 22-11005.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director; Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee Organization: Police Officers’ Association (POA). 22-11026.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Cases, one (1) - Oil Spill. 22-11037.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING, AND CALL TO ORDER THE SPECIAL MEETINGS OF THE HOUSING AUTHORITY, PARKING AUTHORITY Page 2 of 13 3 AGENDA December 20, 2022City Council/Public Financing Authority AND SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF HUNTINGTON BEACH ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns City Clerk Robin Estanislau has requested permission to be absent pursuant to City Charter Section 310 (a) 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. 22-11158.Charles Niederman of Temple Beth David in Westminster and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may do so either in person by filling out a Request to Speak form delivered to the City Clerk, via computer through Zoom Webinar ID 971 5413 0528, or Zoom Webinar by phone by calling (669) 900-6833. Once the Mayor opens Public Comments, in-person participants will be called to speak first. Zoom Webinar participants wishing to speak will be provided a 15-minute window to 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. Individuals will be prompted to speak when the Clerk announces their name or the last three digits of their phone number. After a virtual speaker concludes their comment, their microphone will be muted but they may remain in Webinar attendance for the duration of the meeting. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless Page 3 of 13 4 AGENDA December 20, 2022City Council/Public Financing Authority the volume of speakers warrants reducing the time allowance. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. 22-10419.Approve Mayor Strickland’s 2023 Council Liaison List As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve the 2023 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Strickland. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) Recommended Action: AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 22-69410.Welcome to New OneHB Team Members CONSENT CALENDAR Office of City Attorney Page 4 of 13 5 AGENDA December 20, 2022City Council/Public Financing Authority 22-111311.Adopt Resolution No. 2022-82 Modifying Non-Associated Salary Schedule for City Attorney to Adjust for Recent Inflation, Make Compensation More Competitive Adopt Resolution No. 2022-82, “A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Certain Benefits of the Elected City Attorney.” Recommended Action: Office of City Clerk 22-98912.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of November 15, 2022 and the special meeting minutes of November 29, 2022 . Recommended Action: 22-24113.Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Reaffirm Resolution No. 2021-62, “A Resolution of the City Council of the City of Huntington Beach, California, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person.” Recommended Action: 22-104014.Receive and file the Maddy Act Local Appointments List - 2023 (terms on City boards, commissions, and committees that expire in 2023) informing the public of openings and vacancies based on 2023 expiration of current members’ terms Receive and file the Maddy Act Local Appointments List - 2023 showing vacancies that will occur on City boards, commissions, and committees in the year 2023, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2023 will also be posted at all branch libraries and on the City’s website. Recommended Action: Administrative Services Department 22-101715.Adopt Resolution No. 2022-81 modifying the pay schedule for part-time, non-permanent, and non-classified employees to comport Page 5 of 13 6 AGENDA December 20, 2022City Council/Public Financing Authority with the State minimum wage increase effective January 1, 2023 Adopt Resolution No. 2022-81, “A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2023,” and authorize the City Manager to take all administrative and budgetary actions necessary to implement the revised pay schedule . Recommended Action: Community Development Department 22-75516.Approve Final Tract Map No. 19136, accept bonds, and authorize execution of a Subdivision Agreement for the Gisler Residential subdivision by Lennar Homes of California, LLC at 21141 Strathmoor Lane A) Approve Final Tract Map No. 19136 and accept the offer of dedications pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Lennar Homes of California, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond Nos. US00121914SU22A and US00121915SU22A, Labor and Material Bond Nos. US00121914SU22A and US00121915SU22A, and Monument Bond No. US00121913SU22A as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation and Gisler Park improvements; and , D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, XL Specialty Insurance Company, of this action. Recommended Action: 22-103117.Approve Final Tract Map No. 18079, accept Bonds, and authorize execution of a Subdivision Agreement for the Georgia Townhomes Subdivision by Hilltop Townhomes LLC at 910 Georgia Street A) Approve Final Tract Map No. 18079 and accept the offer of easement pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Hilltop Townhomes LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 4459427, Labor and Material Bond No. 4459427, and Monument Bond No. 4459428 as sureties (Attachment No. 7) for the Recommended Action: Page 6 of 13 7 AGENDA December 20, 2022City Council/Public Financing Authority installation of the subdivision’s required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Markel Insurance Company of this action. 22-103718.Approve Final Tract Map No. 19157, accept bonds, and authorize execution of a Subdivision Agreement for the Olson Townhomes subdivision by Olson Urban V-Huntington Beach 4, LLC at 8371 to 8461 Talbert Avenue A) Approve Final Tract Map No. 19157 and accept the offer of easement pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Olson Urban V-Huntington Beach 4, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. PB03010409024, Labor and Material Bond No. PB03010409024, and Monument Bond No. PB03010409039 as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, Philadelphia Indemnity Insurance Company, of this action. Recommended Action: 22-111919.Authorize the Executive Director to Sign a Letter of Support for a Jamboree Housing Corporation application for grant funds from the California Departments of Health Care Services and Social Services through the Behavior Health Continuum Infrastructure and the Community Care Expansion Programs Authorize and direct the Executive Director to sign letters of support (Attachments 1 and 2) to support the grant application the California Departments of Health Care Services and Social Services through the Behavior Health Continuum Infrastructure and the Community Care Expansion Programs. Recommended Action: Finance Department 22-106320.Adopt Resolution No. 2022-80 accepting and approving the Development Impact Fee (DIF) Report for Fiscal Year 2021-22 and to make findings as required by Government Code Sections 66006 and 66001 Page 7 of 13 8 AGENDA December 20, 2022City Council/Public Financing Authority Accept and approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2022 and Adopt Resolution No. 2022-80, “A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2022 and to Make the Findings as Required by Government Code Sections 66006(b) and 66001(d).” Recommended Action: Fire Department 22-93021.Adopt Resolution No. 2022-79 approving the Local Hazard Mitigation Plan enabling the City to be eligible for pre- or post-disaster hazard mitigation funds from the Federal Emergency Management Agency (FEMA) Adopt Resolution No. 2022-79, "A Resolution of the City Council of the City of Huntington Beach Approving the Updated Huntington Beach Local Hazard Mitigation Plan." Recommended Action: 22-102722.Approve an appropriation of $867,000 for the California Department of Health Care Services (DHCS) Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) for FY 2022/23. Approve an appropriation of $867,000 for the PP-GEMT IGT Program for FY 2022/23. Recommended Action: Public Works Department 22-104423.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Stance Construction Company in the amount of $585,014.50 for the Residential Curb Ramp Project, CC-1700 A) Accept the lowest responsive and responsible bid submitted by Stance Construction Company in the amount of $585,014.50; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 22-104824.Accept the lowest responsive and responsible bid, authorize execution of a construction contract with Modern General Contractor Inc. in the amount of $397,000.00 for the Police Department Traffic and Homeless Task Force Office Renovation, CC-1678, and authorize Page 8 of 13 9 AGENDA December 20, 2022City Council/Public Financing Authority change orders A) Accept the lowest responsive and responsible bid submitted by Modern General Contractor Inc. in the amount of $397,000.00. B) Authorize the Director of Public Works to execute change orders not to exceed 20% of the contract costs, or $79,400.00. Recommended Action: ADMINISTRATIVE ITEMS 22-109025.Approve the Reorganization of the Administrative Services Department into the Human Resources Department and Information Services Department, and Adopt Resolution No. 2022-83 Amending the City’s Classification Plan to Delete the Director of Administrative Services and Add the Positions of Director of Human Resources and the Chief Information Officer A) Approve the Reorganization of the Administrative Services Department into separate Human Resources and Information Services Departments, authorize one additional full-time equivalent position and appropriate $138,140 in the Fiscal Year 22/23 budget, and authorize the City Manager to take all administrative and budgetary actions necessary to implement the reorganization. B) Adopt Resolution No. 2022-83, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Deleting the Director of Administrative Services and Adding the Job Classifications of Director of Human Resources and Chief Information Officer and Establishing Compensation.” Recommended Action: COUNCILMEMBER ITEMS 22-109226.Submitted by Mayor Strickland - Proposed Ordinance to Establish a Code Enforcement Complaint Process Regarding Alleged Business Violations and Prohibits the Submission of Anonymous Complaints Request the City Attorney to return to City Council with a proposed ordinance that bans anonymous complaints by individuals to Code Enforcement about alleged business violations. The Ordinance should provide that Code Enforcement is welcome to continue to take in complaints from the public about businesses, but that in order to do so, strict new reporting requirements must be adhered to. Any and all complaints by individuals must occur in person at City Hall, which will include a new and updated intake form to be completed with all identifying information of the complaining party. The intake of the complaint shall include a copy of the individual's driver's license or other form of ID with a full name, Recommended Action: Page 9 of 13 10 AGENDA December 20, 2022City Council/Public Financing Authority address, and photo of the individual. If a City worker, including a member of Code Enforcement is lodging the complaint, then he/she identifies him/herself likewise. 22-109327.Submitted by Mayor Strickland - Request to amend the Huntington Beach Municipal Code to raise Campaign Contribution Limits Direct the City Attorney to return at the next City Council Meeting with an amendment to the City's municipal code to raise the contribution limit to match or track that of the limits for California's Senate/Assembly candidates. Recommended Action: 22-110528.Submitted by Mayor Strickland - Request to perform a CEQA review for the Great Pacific Air Show Request the City Manager to return to City Council at the first regular City Council Meeting in January 2023 with a specific and actionable recommendation for undertaking an adequate CEQA review of the Air Show. Chief Assistant City Attorney, Mike Vigliotta’s experience in environmental legal review will provide the leadership to retain the consultant necessary to complete the environmental review. Recommended Action: 22-109429.Submitted by Mayor Pro Tem Van Der Mark - Report on Homelessness, Anti-Camping and Anti-Loitering Laws Direct the City Manager and the Police Chief to return on January 17, 2023 to present the following: 1.A full report and accounting identifying all of the City's resources, including recently hired/appointed City personnel, County programs present in the City, and facilities like the Navigation Center, that have been employed or deployed to combat homelessness; and 2.A full report and accounting of the Navigation Center's use since it opened in December 2020, including the number of beds occupied over time (utilizing monthly data), where the clients/patrons are from (have they been Huntington Beach homeless or have they been brought in by the County or other cities), and average length of how long individuals stay and where they go once released (e.g., back on the streets, County facilities, or back home); and 3.A proposal that incorporates former Police Chief Handy's 90-day plan on how HBPD will enforce the City's and State's anti-camping and anti-loitering laws to get the City's public spaces free from the mentioned encampments, loitering, and their related health and safety concerns; and 4.A request for the Police Chief to give quarterly updates at City Council on enforcement of anti-camping and anti-loitering. Recommended Action: Page 10 of 13 11 AGENDA December 20, 2022City Council/Public Financing Authority 22-110830.Submitted by Mayor Pro Tem Van Der Mark and Councilmember McKeon - Request to Switch the City of Huntington Beach’s (The Organization) OCPA Energy Rate to Basic Choice and provide Recommendations to Withdraw as a Founding Member of the OCPA We request the City Manager to present options at the next City Council meeting on the City's pursuit to immediately switch the City of Huntington Beach facilities to OCPA's Basic Choice Option. We also request for staff to return at a study session before the end of February 2023 to provide options, costs and paths forward to remove/withdraw the City entirely from the Orange County Power Authority. Recommended Action: 22-111031.Submitted by Mayor Pro Tem Van Der Mark and Councilmember McKeon - Request to Pause the Main Street Redevelopment Project and Solicit Additional Community Feedback Prior to Reconsidering the Project Request the City Manager to pause the work of Studio One Eleven architects and re-engage the community. Return to the City Council in February 2023 to share the feedback received from the community and engage in another discussion on whether to pursue the Main Street redesign. If direction is given to proceed, Council and staff will discuss various options for the redesign of the first, second, and third blocks of Main Street. Recommended Action: 22-109532.Submitted by Councilmember Burns - Request for HBPD Crime Statistics and Enhanced Public Safety Enforcement Activities 1. Direct the City Manager to work with the Police Chief and return on January 17, 2023 with a report on crime statistics over the past year, particularly regarding theft from or damage to our local businesses and home invasion burglaries throughout the City; and 2. Return on January 17, 2023 with a report on what measures (without reporting/revealing tactics that should be kept confidential) that the HBPD will take in 2023 to increase public safety and law enforcement; and 3. Return quarterly with crime statistics and include explanations of the HBPD’s increased efforts to fight crime; and 4. Direct the City Attorney to return on January 17, 2023 with any recommendations to increase prosecutorial support of the HBPD, if any. Recommended Action: 22-109633.Submitted by Councilmember McKeon - Oppose RHNA Mandate and Page 11 of 13 12 AGENDA December 20, 2022City Council/Public Financing Authority Adopt an Ordinance to Ban Builder’s Remedy Developments Authorize the City Attorney to: 1. Challenge the State‘s RHNA mandate for Huntington Beach, including its validity and any laws in support of such a mandate over the City as a Charter City, by taking whatever legal action is required; and 2. Return to City Council at the City Attorney's earliest convenience with an ordinance banning "Builder’s Remedy" developments from taking place in Huntington Beach. Development without proper approvals is already not legal in the City, but this Ordinance is essential to make it clear to the entire community that Huntington Beach will fight any developer that seeks to develop pursuant to "Builder’s Remedy" laws. Recommended Action: 22-110934.Submitted by Councilmember McKeon - Request for Information and Actions Related to the RWG Report 1. City Council vote tonight to waive the attorney-client and Closed Session confidentiality privileges for the 10 Closed Session Meetings on the Moore v. City, Gates lawsuit for the sole purposes of allowing Mr. Gates to give his side of the story - to return to City Council with a public presentation on what was discussed and decided (by Councilmember votes) in those 10 Closed Sessions, and 2. City Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any and all communications between Councilmembers and Craig Steele and his attorneys regarding this "investigation," and 3. Direct the City Manager to work with IS to preserve all emails/texts/communications between City Council Members and Craig Steele and Richards Watson Gershon (RWG) and between former City Manager Oliver Chi and RWG, and 4. City Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any and all RWG invoices for the work they have done on this "investigation" (going back to 2020) and to have those invoices, all of them, sent by the Finance Director and City Manager to Mr. Gates for review to make determinations as to the propriety of the work by RWG and to see if a new investigation should be undertaken to analyze the propriety of RWG's investigation of Mr. Gates in the first place, and the propriety of the taxpayer dollars spent on the Steel "investigation," and 5. Direct the City Manager to remove the RWG report from the City's website - so that there are no links and no availability on the City's website whatsoever. If any member of the public wants a copy, they can send a request to the City Attorney's office to produce public records under the CPRA, and 6. Direct Mr. Gates, after review of the aforementioned communications and invoices, to Recommended Action: Page 12 of 13 13 AGENDA December 20, 2022City Council/Public Financing Authority return to City Council with recommendations if any further action could be taken to correct the actions of RWG and the City Council retainer of RWG and the spending of taxpayer moneys on such an "investigation" behind closed doors and away from the public visibility and accountability. ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, January 3, 2023, 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 13 of 13 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1101 MEETING DATE:12/20/2022 Mayor Strickland to announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiators, Al Zelinka, City Manager and Peter Brown Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director, Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers’ Association (HBPOA). City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1097 MEETING DATE:12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Chodzko (Tara) v. City of Huntington Beach; OCSC Case No.: 30-2021-01237196. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1098 MEETING DATE:12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Babaie (Masoud) and Hervin-Babaie (Negin) v. City of Huntington Beach; Case No. 30-2020-01159653. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1099 MEETING DATE:12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Whitaker (Brittany) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01235807. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1100 MEETING DATE:12/20/2022 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager, and Peter Brown, Chief Negotiator; also in attendance: Brittany Mello, Administrative Services Director; Travis Hopkins, Assistant City Manager; Eric Parra, Chief of Police; and Dahle Bulosan, Chief Financial Officer. Employee Organization: Police Officers’ Association (POA). City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™19 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1102 MEETING DATE:12/20/2022 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of Cases, one (1) - Oil Spill. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™20 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1103 MEETING DATE:12/20/2022 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™21 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1115 MEETING DATE:12/20/2022 Charles Niederman of Temple Beth David in Westminster and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™22 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1041 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve Mayor Strickland’s 2023 Council Liaison List Statement of Issue: The City Council is being asked to approve Mayor Strickland’s proposed appointments to citizen boards, commissions, committees, and task forces for calendar year 2023. Financial Impact: Not Applicable Recommended Action: As recommended by the City Council, Public Financing Authority, Housing Authority, Parking Authority, and Successor Agency: Approve the 2023 Council Liaison List that includes appointments to citizen boards, commissions, committees, and task forces as presented by Mayor Strickland. (The City Clerk certifies that FPPC Form 806 “Agency Report of Public Official Appointments” which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority was posted to the City’s website according to law prior to this vote.) Alternative Action(s): None. Analysis: Not Applicable. Environmental Status: Not Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™23 File #:22-1041 MEETING DATE:12/20/2022 Attachment(s): 1. 2023 Council Liaison List City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™24 CITY OF HUNTINGTON BEACH 2023 COUNCIL LIAISON LIST CITIZEN BOARDS, COMMISSIONS, AND COMMITTEES (Citizen Members Appointed by City Council to Four-Year Terms) - Updated 12/2022 - Citizen-led Bodies Council Liaisons Meeting Date/Place* Staffing Department 1. Citizen Infrastructure Advisory Board / Public Works Commission Individual Appointments 3rd Wed. Monthly, 5:00 PM Utilities Yard, 19021 Huntington St Public Works 2. Citizen Participation Advisory Board (CPAB) Individual Appointments 1st Thurs. Monthly from Jan.- June, and as needed, 6:00 PM, City Hall Lower-Level B-8 Community Development 3. Community & Library Services Commission Individual Appointments 2nd Wed. Monthly, 6:00 PM, Zoom / City Hall Council Chamber Community & Library Services 4. Design Review Board (DRB) Burns, Van Der Mark 2nd Thurs. Monthly, 3:30 PM, City Hall Lower Level, B-8 Community Development 5. Environmental & Sustainability Board Moser, Bolton (also served as Chair and Vice Chair of the Board) 2nd Wed. Every other month, 6:00 PM, City Hall Lower Level, B-8 City Manager’s Office 6. Finance Commission Individual Appointments Every other month or six times a year, 5:00 PM, City Hall Lower Level, B-7/B-8 Finance 7. Fourth of July Executive Board Van Der Mark, McKeon 1st Wed. Monthly, 6:00 PM, Zoom / City Hall Lower-Level B-8 Community & Library Services 8. Harbor Commission Van Der Mark, Burns 4th Thurs. Monthly, 5:00 PM, City Hall Lower-Level B-8 Fire 9. Historic Resources Board Van Der Mark, Burns 3rd Wed. Monthly, 5:00 PM, City Hall Lower-Level B-7 Community & Library Services 10. Human Relations Committee Van Der Mark, Burns 2nd Tues. Monthly, 6:45 PM, City Hall Lower-Level B-7 City Manager’s Office 11. Investment Advisory Board Individual Appointments 3rd Thur. Quarterly (January, April, July, October), 6:00 PM, Via Zoom City Treasurer 1 of 7 25 2023 Council Liaison List 2 of 7 Citizen Group Council Liaisons Meeting Date/Place* Staffing Department 12. Jet Noise Commission Strickland, McKeon 4th Mon. Monthly, 5:30 PM, City Hall Lower Level B-7 City Manager’s Office 13. Mobile Home Advisory Board Van Der Mark, McKeon 4th Mon, 5:00 PM Quarterly (January, April, July, October) Zoom / City Hall Lower-Level B-8 City Manager’s Office 14. Personnel Commission** Van Der Mark, Burns 3rd Wed. Quarterly, 5:30 PM (January, April, July, October) City Hall Lower Level B-8 Administrative Services 15. Planning Commission Individual Appointments 2nd & 4th Tues. Monthly, 6:00 PM City Hall Council Chambers Community Development 16. Youth Board Van Der Mark, Burns 2nd Mon, Monthly, 3:30 PM (No Meetings – June, July, Aug.) City Hall, 5th Floor Conf. Room Community & Library Services 17. Sunset Beach Local Coastal Program Review Board*** N/A 2n Tues., Monthly, 7:30 PM Nobles Family Community Center Community Development *Meeting Date/Place is subject to change. ** 2-year term ***The primary structure of the Sunset Beach Local Coastal Program Review Board remains the same after the annexation. The Board is comprised of seven members initially appointed by the OC Board of Supervisors and subsequent members elected by the Review Board itself. 26 2023 Council Liaison List 3 of 7 CITY OF HUNTINGTON BEACH COUNCIL COMMITTEES (STANDING) (Created by City Council Action, consisting of three Council members; subject to the Brown Act) Council Committee Committee Members Meeting Date/Place* Department 1. Communications Committee Strickland, Van Der Mark, Burns 4th Tues. Monthly, 3:30 PM, City Hall 4th Floor, CR #1 City Manager’s Office 2. Economic Development Committee (EDC) Strickland, Van Der Mark, McKeon (Mayor, Mayor Pro Tem, Immediate Past Mayor – prescribed) 2nd Wed., Every Other Month, 3:30 PM, City Hall Lower Level B8 Community Development 3. Intergovernmental Relations Committee (IRC) Strickland, Van Der Mark, Burns 3rd Wed. Monthly, 4:00 PM, City Hall 4th Floor, CR #2 City Manager’s Office 4. Smart Cities & Technology Committee Van Der Mark, Burns, McKeon As needed, TBD Public Works COUNCIL COMMITTEES (AD-HOC) (Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place* Department 1. Downtown Urban Design Study (Ad-hoc) Strickland, Van Der Mark, Moser As Needed Community Development 2. Housing / RHNA Committee (Ad-hoc) Van Der Mark, Burns, McKeon As Needed Community Development 3. Short Term Rental Committee (Ad-hoc) Bolton, Kalmick, Moser As Needed Community Development 4 Cannabis Regulation & Policy Committee (Ad-hoc) Strickland, Burns, Kalmick As Needed City Manager’s Office 27 2023 Council Liaison List 4 of 7 OTHER CITY AND CITIZEN COMMITTEES (Created by City Council Action; not subject to the Brown Act, Community Meetings w/ Roundtable format) Citizen Group Council Liaisons Meeting Date/Place* Department 1.Specific Events Executive Committee Van Der Mark, Burns As needed City Hall Lower Level, Room B-8 Community & Library Services 2.Homeless Task Force Van Der Mark, Burns, McKeon 3rd Wednesday, 3:00 p.m., City Hall Lower Level B-7 Police Department 3.Huntington Central Park Collaborative Strickland, Van Der Mark Last Tuesday of the Month, 4:30-6:40 PM City Hall Lower Level Room B-8 Community & Library Services 4.Oakview Community Meetings (formerly Oakview Task Force) Van Der Mark, Burns, McKeon As needed Oak View Elementary Community & Library Services 5.School District / City Van Der Mark, Burns 2nd Mon. Quarterly, 3:30 PM, City Hall Lower Level B-7 City Manager’s Office 6.Southeast Area Committee Van Der Mark, Burns, McKeon 4th Wed., 4:30 PM, Every two month (Jan. March, May, July, September, Nov.) City Hall Lower Level Room B8 and Zoom City Manager’s Office 7.Sunset Beach Area Committee Strickland, Van Der Mark, Burns As needed City Hall Lower Level Room B-8 Community Development COMMUNITY GROUPS/ INDEPENDENT CITY-AFFILIATED BOARDS (Community groups both local and regional requiring participation by one or two Council Members; Citizen Members are not appointees) Citizen Group Council Liaisons Meeting Date/Place* Department 1.Huntington Beach Council on Aging Bolton, Moser 1st Thurs, Monthly, 9:00 AM Senior Center (EMG, Room 1) Community & Library Services 2.Huntington Beach Downtown Business Improvement District (Downtown BID) Strickland, Van Der Mark 2nd Thursday, 9:00 AM Huntington Beach Art Center Community Development 3.Neighborhood Watch Van Der Mark, Burns 2nd Tues, 6:00 PM (No meeting in July, Aug, Dec), Police Dept, 1st Fl. Conf. Room Police Department 4.Sister City Association Van Der Mark, McKeon 2nd Wednesday, Central Library (Room TBA), 6:00 PM Community & Library Services 28 2023 Council Liaison List 5 of 7 COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor) Name of Agency/Committee Appointee Meeting Date/ Place** 1.California Coastal Coalition (CalCoast) Board Van Der Mark, Burns 2-3 meetings/year, various places 2. Huntington Beach Chamber of Commerce Government Affairs Committee Strickland, Van Der Mark Quarterly, meeting time varies. Golden West College, 15744 Golden West St., Admin Bldg. 4-Room137 4. O.C. Council of Governments (OCCOG) McKeon; Burns (Alternate) 4th Thurs, 10:30 AM, Monthly, Irvine City Hall, City Council Chambers, 1 Civic Center Plaza, Irvine 5. Orange County Power Authority (OCPA) Term: Four (4) years McKeon; Strickland (Alternate) 2nd Tues, 10 AM, Monthly, Virtual Meeting via Zoom 6. O.C. Sanitation District (OCSD) Board of Directors (Plus Committee assigned by Chair) $212.50 per meeting Burns; Van Der Mark (Alternate) 4th Wed of every month, 6:00 PM, Virtual Meeting via Zoom / OCSD Administrative Office, 10844 Ellis Ave., Fountain Valley, CA 7. O.C. Mosquito & Vector Control District Board of Trustees $100 per meeting Kalmick 3rd Thurs of every month, 3:00 PM. Virtual Meeting / OCMVCD Headquarter, 13001 Garden Grove Blvd, 92843 8. Santa Ana River Flood Protection Agency (SARFPA) Burns; McKeon (Alternate) Executive Committee Meetings: 4th Thurs, 4:00 PM, January, March, May, July, September Via Zoom Full Agency Meetings: June, November 9. Southern California Association of Governments (SCAG) Regional Council District 64 Delegate* Term: Two (2) years /$120 per meeting McKeon; Burns (Alternate) (Whoever is on SCAG is also on OCCOG) 1st Thurs of every month, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. 10. Visit Huntington Beach Advocacy Committee Strickland; Van Der Mark (Alternate) Monthly, usually Tuesday at 3:30 PM but varies. Virtual Meeting via Zoom / VHB Office, 155 Fifth Street, Suite 111, Huntington Beach 11. West O.C. Water Board (WOCWB) $100 per quarterly meeting Strickland, Van Der Mark 3rd Wednesday, 4:00 PM, (January, April, July and October), Utilities Operations Building, 19001 Huntington St. 29 2023 Council Liaison List 6 of 7 APPOINTMENTS BY STATE & REGIONAL AGENCIES (FOR INFORMATIONAL PURPOSES ONLY) Name of Agency/Committee Appointments 1.Association of California Cities – Orange County (ACC-OC) Board of Directors ___________ 2.California Commission on Aging _______(appointed by Speaker Anthony Rendon) 3.City Selection Committee-- Held with League of Cities O.C. Division Meeting Mayor or Council Member designee (prescribed) 4.League of California Cities –Orange County Division Executive Board _________ 5.League of California Cities – Environmental Quality Board _________ 6.League of California Cities – Housing, Community and Economic Development Policy Committee (Meetings occur quarterly Jan, Apr, June, & Sept. Thurs. 7.League of California Cities – Public Safety Policy Committee (Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs. 8.League of California Cities – Community Services Policy Committee (Meetings occur quarterly: Jan, Apr, June, & Sept. Thurs. 9.League of California Cities –Administrative Services Policy Committee 10.League of California Cities - Coastal Cities Group / Leadership Committee 11.Orange County Transportation Authority (OCTA) Board of Directors 2nd & 4th Monday, 9:00 AM, OCTA Headquarters, 550 S. Main St., Orange, CA Conf. Room 07-08 / Zoom __________ (as elected by City Selection) 12.OCTA Citizen Advisory Committee ___________ 13.Orange County Waste Management Commission (OCWMC) Quarterly-2nd Thursday in March, June, September & December, 2:00 PM Virtual Meeting via Zoom 14.SCAG - Energy and Environmental Policy Committee __________ 15.SCAG –Transportation & Communications Committee 1st Thurs, 10 am, SCAG Offices, Downtown L.A. 16.SCAG –Community, Economic, & Human Development (CEHD) 1st Thurs, 10 am, SCAG Offices, Downtown L.A. ______________ 30 Annual Appointment to the City of Huntington Beach Agencies/ Authorities/Corporations December 2022-December2023 There is no remunerati on for serving or attendi ng meetings Huntington Beach Housing Authority Chairperson: Tony Strickland Vice Chairperson: Gracey Van Der Mark Commissioners: Rhonda Bolton, Pat Burns, Dan Kalmick, Natalie Moser, C asey McKeon Executive Officer: Al Zelinka Authority Treasurer: Alisa Backstrom Authority Clerk: Robin Estanislau Authority Attorney: Michael E. Gates Public Financing Authority Chair: Tony Strickland Vice Chair: Gracey Van Der Mark Directors: Rhonda Bolton, Pat Burns, Dan Kalmick, Natalie Moser, Casey McKeon Executive Director: Al Zelinka Authority Treasurer: Alisa Backstrom Authority Secretary: Robin Estanislau Authority Attorney: Michael E. Gates Parking Authority President: Tony Strickland Vice President: Gracey Van Der Mark Directors: Rhonda Bolton, Pat Burns, Dan Kalmick, Natalie Moser, C asey McKeon Chief Executive Director: Al Zelinka Authority Treasurer: Alisa Backstrom Authority Secretary: Robin Estanislau Legal Advisor: Michael E. Gates Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach Chairperson: Tony Strickland Vice Chairperson: Gracey Van Der Mark Commissioners: Rhonda Bolton, Pat Burns, Dan Kalmick, Natalie Moser, Casey McKeon Executive Director: Al Zelinka Agency Treasurer: Alisa Backstrom Agency Clerk: Robin Estanislau General Legal Counsel: Michael E. Gates 31 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-694 MEETING DATE:12/20/2022 Welcome to New OneHB Team Members City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™32 Welcome to New OneHB Team Members City Council Meeting December 20, 2022 33 Welcome, New Employees! •City Manager’s Office •Anabel Garcia, Social Worker •Jessica Valiquette, Social Worker •Community & Library Services •Trevor Matsuda, Lifeguard •Matthew Saunders, Parking Attendant •Sabrina Rosengren, Literacy Program Specialist •Ruby Vergara, Community Services Rec Specialist •Skyler Barthold, Office Assistant II •Milan Capizzi, Graduate Intern •Caren Oravec, Parking Attendant •Jennifer Rothfuss, Recreation Leader •Ranko Spremo, Parking Attendant 34 Welcome, New Employees! •Finance •Sunny Rong, Department Services Aide •Police Department •Dominic Kellum, Police Records Supervisor •Public Works •Robert Tolentino, College Intern •Jose Barrerra, Irrigation Specialist •Alec Lemus, Beach Operations Assistant 35 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1113 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Michael E. Gates, City Attorney VIA:Michael E. Gates, City Attorney PREPARED BY:Michael J. Vigliotta, Chief Assistant City Attorney Subject: Adopt Resolution No. 2022-82 Modifying Non-Associated Salary Schedule for City Attorney to Adjust for Recent Inflation, Make Compensation More Competitive Statement of Issue: The City Attorney’s last compensation increase was May of 2019, which by comparison to all other City employees, is the longest period for any employee without an increase in compensation. According to the Bureau of Labor and Statistics, inflation has dramatically increased over those years by nearly 16%, which reduces income by the same amount in contrast. Moreover, the current compensation rate for the City Attorney is not competitive, even with other governments in the area. The City Attorney’s current rate is $117.63/hour, and it is recommended that this rate increase to $140.00/hour to adjust for the dramatic increase in inflation since 2019 and to maintain compensation as competitive. The City Attorney has been a dedicated, faithful, and successful public servant. In addition to a string of legal wins for the City over the past 8 years, just this year alone Mr. Gates won a large, high profile case at trial defending two of the City’s police officers in a $20,000,000 lawsuit. In addition, the City prevailed in a suit this year against the State of California in which a $5,200,000 decision in favor of Huntington Beach was won, not including another $22,400,000 that is possible to come back to the City. The City Attorney’s work has been very good and he has provided the City with substantial, measurable financial and monetary benefits on the scale of millions of dollars. In addition, the City Attorney’s Office has benefitted from the great leadership of the City Attorney, with the office performing at a level seen in the private sector. In the City’s recent Class and Comp Study, the City Attorney’s position was not studied and no comparable salaries were provided. However, according to a random sampling of local law firms in Orange County, the City Attorney’s experience and expertise as an experienced manager and trial attorney would provide income of at least $300/hour. While the City Attorney position is not in the private sector, the City’s ability to continue with this high level, high quality legal representation is ensured by providing a respectable, even competitive, salary to the City Attorney’s position. City of Huntington Beach Printed on 12/14/2022Page 1 of 4 powered by Legistar™36 File #:22-1113 MEETING DATE:12/20/2022 Comparable Salaries for City Attorney City of Santa Monica $320,136.00, or $154/hour City of Long Beach $312,528.00, or $150/hour City of Anaheim $283,447.00, or $137/hour City of Newport Beach $275,836.00, or $133/hour After a study of comparable salaries, it is proposed that compensation for the position of City Attorney be $140.00/hour or $291,200.00/annum. It is also recommended that this rate increase be retroactive to and including July 1, 2022, that the cap on ability to cash out accrued vacation be removed, that 3% automatic increases be given for anticipated inflation for the next two years, and that all other allowances and benefits remain and track according to the Non-Associated agreement(s) with the City. Financial Impact: The estimated Fiscal Year 2022/23 impact for the proposal is $60,929 plus any cash out of accrued vacation due to removal of the cap. The additional costs can be absorbed in the City Attorney’s Office Fiscal Year 2022/23 budget. Recommended Action: Adopt Resolution No. 2022-82, “A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Certain Benefits of the Elected City Attorney.” Alternative Action(s): Do not adopt Resolution No. 2022-82 Modifying Salary and Certain Benefits of the Elected City Attorney. Analysis: The City Attorney, Michael Gates, was elected in 2014. When he took the position, he volunteered to receive compensation at a much lower rate than what his predecessor was making. The City Attorney’s last compensation increase was May of 2019, which by comparison to all other City employees, is the longest period for any employee without an increase in compensation. According to the Bureau of Labor and Statistics, inflation has dramatically increased over those years by nearly 16%, which reduces income by the same amount in contrast. Moreover, the current compensation rate for the City Attorney is not competitive, even with other governments in the area. The City Attorney’s current rate is $117.63/hour and it is recommended that this rate increase to $140.00/hour to adjust for the dramatic increase in inflation since 2019 and to maintain compensation as competitive. The pay for the City Attorney position is “set” and “locked” by Resolution of the City Council. Unlike nearly every other City Department Head, the City Attorney’s pay does not automatically progress up the City Council designated pay range. In fact, while other city employees naturally get increases with the passage of time, the City Attorney’s pay does not, it is locked in place until the City Council takes action again. City of Huntington Beach Printed on 12/14/2022Page 2 of 4 powered by Legistar™37 File #:22-1113 MEETING DATE:12/20/2022 The City Attorney has been a dedicated, faithful, and successful public servant. In addition to a string of legal wins for the City over the past 8 years, just this year alone Mr. Gates won a large, high profile case at trial defending two of the City’s police officers in a $20,000,000 lawsuit. In addition, the City prevailed in a suit this year against the State of California in which a $5,200,000 decision in favor of Huntington Beach was won, not including another $22,400,000 that is possible to come back to the City. Moreover, over the last eight years the City Attorney has demonstrated exceptional leadership, great management decision-making, exceptional legal skill and judgment; he implemented office-wide efficiencies and eliminated waste. Under his leadership and through the work of the City Attorney’s Office over the past four and a half years, the City has saved over $150,000,000 in good, smart legal work. As it is now, the City Attorney’s Office of Huntington Beach is as good as any private sector law firm of the same size and is now an example to many other cities, not to mention the City’s relatively new image of strong legal advocacy. It is proposed that the City Attorney compensation be increased to reflect the outstanding legal work that has been accomplished for the taxpayers. In the City’s recent Class and Comp Study, the City Attorney’s position was not studied and no comparable salaries were provided. However, according to a random sampling of local law firms in Orange County, the City Attorney’s experience and expertise as an experienced manager and trial attorney would provide income of at least $300/hour. While the City Attorney position is not in the private sector, the City’s ability to continue with this high level, high quality legal representation is ensured by providing a respectable, even competitive, salary to the City Attorney’s position. Comparable Salaries for City Attorney City of Santa Monica $320,136.00, or $154/hour City of Long Beach $312,528.00, or $150/hour City of Anaheim $283,447.00, or $137/hour City of Newport Beach $275,836.00, or $133/hour After a study of comparable salaries, it is proposed that compensation for the position of City Attorney be $140.00/hour or $291,200.00/annum. It is also recommended that this rate increase be retroactive to and including July 1, 2022, that the cap on ability to cash out accrued vacation be removed, that 3% automatic increases be given for anticipated inflation for the next two years, and that all other allowances and benefits remain and track according to the Non-Associated agreement(s) with the City. Environmental Status: N/A Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2022-82 “A Resolution of the City Council of the City of Huntington Beach City of Huntington Beach Printed on 12/14/2022Page 3 of 4 powered by Legistar™38 File #:22-1113 MEETING DATE:12/20/2022 Modifying Salary and Certain Benefits for of the Elected City Attorney.” City of Huntington Beach Printed on 12/14/2022Page 4 of 4 powered by Legistar™39 RESOLUTION NO. 2022-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND CERTAIN BENEFITS OF THE ELECTED CITY ATTORNEY WHEREAS, the City Council of the City of Huntington Beach desires to modify the salary and certain benefits of the Elected City Attorney upon adoption of this resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. The Salary of the Elected City Attorney as reflected in the salary range contained in the Non-Associated Executive Management Salary Schedule "Exhibit A", attached hereto and incorporated by this reference is increased to account for an inflation adjustment (since last increase of May 2019,) from current $117.63/hour to $140/hour. This increase is effective immediately and retroactive to and including July I, 2022. Prospectively, the City Attorney's salary automatically increases at 3% annually as reflected in the salary range contained in "Exhibit B," attached hereto and incorporated by this reference. The current cap on the City Attorney's ability to cash out accrued general leave is removed, which removes the annual limit for cashing out. All other allowances and benefits not specifically listed above (for example, Ca!PERs, etc.) will immediately match, continue to follow, and be updated according to agreed-upon Non- Associated Resolution modifications .. SECTION 2. Any existing provisions in conflict with the foregoing, whether by minute action or resolution of the City Council, are hereby repealed. SECTION 3. All other benefits and salary ranges established and reflected in the Non- Associated Employees Pay and Benefits Resolution in effect, shall continue unless modified by City Council action. 40 RESOLUTION NO. 2022-82 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ____ day of ___________ , 2022. Mayor REVIEWED AND APPROVED INITIATED AND APPROVED City Manager Chief Assistant City Attorney A.{!- APPROJX~ TO FORM: Cfa t~ Chief Assistant City Attorney ,MJ) 2 41 EXHIBIT A 42 RESOLUTION NO. 2022-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE NON-ELECTED NON-REPRESENTED EMPLOYEES PAY SCHEDULE TO AMEND HIE COMPENSA TJON FOR THE CITY MANAGER WHEREAS, the City Council of the City of Huntington Beach desires to modity the salary for non-elected. non-represented employees upon adoption oft his resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION I. The salary range for the City Manager shall be modified as rellccted in Exhibit l A, attached hereto and incorporated by this reference. SECTION 2. All other benefits and salary r-.mges established and rellected in the Non• Associated Employees Pay and Benefits Resolution 2022-09 shall continue unless modified by City Council action. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3"1 day of May. 2022. REVIEWED AND APPROVED INITIATED AND APPROVED //~ \ ( ' ~-L....,,, ..... city M~o'::"c: ..0~~£.o . Director of Administrative Services 22-11308/281861 43 Resolution No, 2022-24 EXHIBIT1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SAi.ARY SCHEDULE Effoctive May 3, 202~ EXECUTIVE MANAOEMENT 29 103:!ll 106,44 113.87 11U6 125.54 13ta2 DEPARTMENT HEADS 592 I 275 65.57 Bll.85 94.34 98.rn 104.01 109.21 114.67 15 flreCJllef ni 85,57 89.85 "434 ..... 104,01 109.21 114.67 t1 PoiiooC!llel 85.57 89.85 9434 99.00 104.01 109.21 114.67 516 Clllel F-Officer -60.61 64.64 85.atl 93.32 97.99 102.lU 10R03 5611 -ent --80.&1 64.64 SUB 63.32 91.99 102.88 10$.03 800 Dileclorof---60.61 64.84 66.•• 93.32 97.m 102.811 108.03 801 Oiractor of Communifv & Linnuv Services 269 B(tfi1 64.64 aitaa 9332 97.99 102 . .88 108.03 10 -of~-2119 60.61 84.64 68.811 93.32 9799 102.!la 10£t03 CONTRACT NON-OEPAflTMENT HEADS 593 •·--c 261 74.44 · 78.17 82.00 88.18 90.49 95.01 Q!l,76 860 --al--& 2!18 772' 71!>-87 7966 83.64 87.83 92.22 9f3-83 ---845 Dopu!y -al Publ!cWoriG 2!18 72.26 7587 79.66 83.64 87.93 9222 9tl83 900 ~ Flnanclal Offic« 249 6607 5U7 72.84 76. 60.3 64.32 65.53 ... , __ Oiroct« of Adm~ &u'Yices 249 66.07 69.37 7284 71U8 00.3 84.32 88.53 655 --al 249 66.07 69.37 72.84 7tU3 60.3 84.32 88.53 Commun/Iv & 1 """""" Services 640 Deputy -of t 249 66.07 69,37 7284 /6.48 803 8◄.32 MU:i3 699 ·~~·· Pr""""°"" 206 43,07 45.22 47.48 49.86 5236 64.97 57.72 44 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION ONON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION - EXHIBIT A .............................................................................................................. 1 SECTION I -PAY ........................................................................................................... 1 A. APPOINTED SALARY SCHEDULE ............................................................................... 1 B. ELECTED SALARY SCHEDULE ................................................................................... 1 C. PERFORMANCE BONUS ............................................................................................ 1 D. DIRECT DEPOSIT ..................................................................................................... 2 E. ASSIGNED VEHICLE/AUTO ALLOWANCE .............................................................. : .•.•. 2 SECTION II -HOURS OF WORK/OVERTIME/TIME OFF ............................................. 2 A. EXECUTIVE LEAVE ................................................................................................... 2 B. FLEXIBLE AND ALTERNATIVE WORK SCHEDULES ........................................................ 2 1. 5140 Wor1< Schedule .................................................................................................................... 2 2. 9180 Wor1< Schedule .................................................................................................................... 2 3. Alternative Wor1< Schedule .......................................................................................................... 2 SECTION Ill -HEAL TH AND OTHER INSURANCE BENEFITS ................................... 3 A. HEAL TH INSURANCE ................................................................................................ 3 1. Medical. Dental and Vision Insurance ......................................................................................... 3 2. City and Employee Paid Health Insurance ................................................................................. 3 3. Medical Cash Out. ....................................................................................................................... 5 4. Section 125 Plan ......................................................................................................................... 5 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ............................... 5 C. LONG-TERM DISABILITY INSURANCE ......................................................................... 5 D. CITY-PAID PHYSICAL EXAMINATIONS ........................................................................ 6 E. MISCELLANEOUS ..................................................................................................... 6 F. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ................................................................................................. 6 G. POST-65 SUPPLEMENTAL MEDICARE COVERAGE ...................................................... 6 SECTION IV -RETIREMENT ......................................................................................... 7 A. BENEFITS ..................•..•.••.•••••.•....•.........................................•.•....•.•....•.•..••......•.... 7 1. Self-Funded Supplemental Retirement Benefit .......................................................................... 7 2. Medical Insurance for Retirees ................................................................................................... 7 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING ............ ? 1. 11 Classic Member" Miscellaneous Retirement Benefits .................................................... 7 2. "New Member" Miscellaneous Retirement Benefits ........................................................ 8 3. "Classic Member" Safety Members Retirement Benefits .................................................. 8 4. "New Member" Safety Retirement Benefits ................................................................... 9 5. IRS Code 414(h)(2) .................................................................................................. 9 6. Pre-Retirement Optional Settlement 2 Death Benefit ................................................................. 9 7. Fourth Level of 1959 Survivor Benefits ....................................................................................... 9 8. VEBA Plan Requirements ........................................................................................................... 9 Exhibit A to Non-Associated Resolution No. 2022-09 45 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION V-LEAVE BENEFITS ................................................................................ 11 A. GENERALLEAVE ................................................................................................... 11 1. Accrual ........................................................................................................ , ... , ......................... 11 2. Eligibility and Approval ........................................................... , ................................................. 11 3. Leave Benefit Entitlements ....................................................................................................... 11 4. Conversion to Cash .................................................................................................................. 11 B. HOLIDAYSANDPAYPROVISIONS ............................................................................ 12 C. BEREAVEMENT LEAVE ........................................................................................... 12 D. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........................................ 13 SECTION VI -RETIREE SUBSIDY MEDICAL PLAN .................................................. 13 SECTION VII -MISCELLANEOUS .............................................................................. 13 A. COLLECTION OF PAYROLL OVERPAYMENTS ............................................................. 13 B. UNIFORMS AND CALPERS REPORTING .................................................................. 13 EXHIBIT 1A-NON-ASSOCIATED APPOINTED SALARY SCHEDULE .................... 14 EXHIBIT 1B-NON-ASSOCIATED ELECTED SALARY SCHEDULE ..................... 15 EXHIBIT 2 -RETIREE MEDICAL PLAN ...................................................................... 16 EXHIBIT 3 -9/80 WORK SCHEDULE ......................................................................... 20 EXHIBIT 4-VOLUNTARY CATASTROPHIC LEAVE DONATION ............................. 22 Exhibit A to Non-Associaled Resolution No. 2022-09 ii 46 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION A. Appointed Salary Schedule EXHIBIT A SECTION 1-PAY Effective March 19, 2022, the parties agree that the salary schedule in Exhibit 1A reflects the following modifications from the salary schedule in Resolution No. 2016-50: 1. The salary schedule will include seven (7) steps from A-G; 2. The steps will be live percent (5%) steps; 3. The salary ranges will be one percent (1%) apart; 4. Each job classification will be assigned a salary range by: a. Locating the range on the new salary schedule with a Step F that is nearest to the position's current top step (Step E) without being less; and then, b. Moving two ranges higher, thereby providing a wage increase of not less than two percent (2%) for all appointed non-represented employees. 5. Each employee will be placed on the step (A-F) of their classification's assigned salary range that is nearest to their base salary step (A-E of the November 2, 2020, salary schedule) without being less. 6. Once placed on the new, seven-step salary schedule, employees will be eligible to move to the next step on their anniversary date (i.e., the date they are due for their next evaluation) upon receipt of a satisfactory evaluation. 7. The City Manager is authorized to set the salaries of the appointed executive management positions identified in Exhibit 1A at any rate at or below Step E of the designated salary range. The City Manager is authorized to increase the salary by 5% based upon performance at annual review and market data. However, no salary for a new employee may be set above Step E at any time without City Council approval. B. Elected Salary Schedule 1. All elected executive management positions shall receive the salaries as identified in Exhibit 1B. 2. The City Council shall set the salaries of the elected executive management positions identified in Exhibit 1 B, at any rate within the designated salary range. C. Performance Bonus 1. Appointed employees who are al Step G on the salary schedule are eligible for an annual performance bonus of up to three percent (3%) of their base pay at the time of their evaluation. 2. The annual performance bonus amount will be determined based upon the evaluation of the employee's performance. A completed performance evaluation with specific Exhibit A to Non-Associated Resolution No. 2022-09 47 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION recognition of outstanding performance must be attached to the Personnel Action Form and sent to the Human Resources Division. The evaluation will also identify performance goals and objectives. The parties agree that to the extent permitted by CalPERS or law, the City will report the compensation in this section as special compensation pursuant to Title 2 CCR, Section 571(a)(1) Bonus. D. Direct Deposit All Non-Associated employees are required to utilize direct deposit of payroll checks. E. Assigned Vehicle/Auto Allowance Appointed Department Heads, Contract Non-Department Heads, as well as the City Clerk, City Treasurer, and City Attorney shall receive an auto allowance in the amount of two hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay period plus reimbursement of out-of-town travel at the approved mileage rate. Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall have the option of an assigned City vehicle in lieu of an auto allowance. SECTION II -HOURS OF WORK/TIME OFF A. Executive Leave Non-Associated exempt employees shall not be eligible for overtime compensation. Exempt department heads and contract non-department heads shall be credited with eighty (80) hours of executive leave per calendar year. B. Flexible and Alternative Work Schedules 1. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5), eight (8) hour days, Monday through Friday each week, with a one-hour lunch during each work shift, totaling a forty (40) hour work week. 2. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9) days for eighty (80) hours in a two-week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA designated work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 3. Alternative Work Schedule Non-associated employees may elect any alternative work schedule approved by the City Manager or designee. Exnibit A to Non-Associated Resolution No. 2022-09 2 48 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION 111-HEAL TH AND OTHER INSURANCE BENEFITS A. Health Insurance 1. Medical, Dental, and Vision Insurance The City shall continue to make group medical, dental, and vision benefits available to all Non-Associated employees. 2. City and Employee Paid Health Insurance The City and the employee shall pay for health insurance premiums for employees and qualified dependent(s) effective the first of the month following the employee's hire date. The employee payroll deduction for premium contributions shall be deducted on a pre- tax basis. Such deductions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation. The employee's payroll deduction amount shall begin no later than the beginning of the first full pay period following the effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. i. Maximum Employer Contributions -The City's maximum monthly employer contributions for each employee's health and other insurance premiums are set forth as follows: a. The City's maximum monthly contribution to medical premiums for elected non-represented positions will continue at the current City contribution rate. Actual contributions for plan year 2022 based on premium costs are shown in the rate sheet included herein. b. Effective the beginning of the month following Council approval, the City's maximum monthly contribution to medical premiums for appointed non- represented positions will increase as summarized in the table below. c. Effective the pay period that includes January 1, 2023, the City's maximum monthly contribution to medical premiums will increase by $23.33 per month, per medical plan and enrollment tier, up to, but not to exceed the monthly plan premium cost. d. The maximum City contribution shall be based on the employee's enrollment in each plan. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. Exhibit A to Non-Associated Resolution No. 2022-09 3 49 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Current City Maximum City Contributions Contribution JI for Appointed Positions Plan Tier Maximum for Effective the Month Effective the Pay Elected Following City Period Including Positions• Council Approval January 1, 2023 Single 551.00 587.92 611.25 Kaiser _ Two-Party 1,174.36 1,233.08 ....... 1,256.41_ , '" " .,_ Family 1,370.04 1,438.54 1,461.87 _, ___ ,, Single 621.00 662.61 685.94 Blue Shield ·----------··~ TRIO HMO Two-Party 1,174.36 1.233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 . Blue Shield Single 677.00 722.36 745.69 HMO Two-Party .. 1,174.36 1,233.08 1,256.41 Family 1,370.04 1,438.54 1,461.87 ,M.s,o "'''h••~ -o,•~--M-WO .. Single 740.00 789.58 812.91 Blue Shield Two-Party 1,335.78 1,402.57 1,425.90 PPO Family 1,514.31 1,590.03 1,613.36 Single 567.00 590.33 Blue Shield Two-Party 1,163.00 1,186.33 HDHP -~--.,•----·~ - Family 1,432.00 1,455.33 • Applies to elected non-represented positions for an indefinite period. ii. "Safety Member" Health Premiums -EmpJoyer Contribution Plan Employees who are classified as a "safety member" by the California Public Employees' Retirement System (CalPERS) may have access to the medical plans offered by CalPERS as contracted by the City. In accordance with eligibility provisions, the Police Chief and the Fire Chief may elect to enroll in the CalPERS health insurance program offered by the City. The City's maximum monthly employer contributions for the CalPERS health insurance program will match the PORAC Region 2 premiums, but not to exceed the maximum amounts Indicated in the chart below. The amounts listed therein include the mandated Public Employees' Medical and Hospital Care Act (PEMHCA) contribution. Non-Associated Safety Members CunentClty Effective the Month Effective the Pay Tier Contribution Following City Period Including Council Approval January 1, 2023 Single 774.00 825.86 849.19 Medical Two-Party 1,623.00 1,704.15 1,727.48 FamUy __ , 2,076.00 2,179.80 2,203.13 Iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. Exhibit A to Non-Associated Resolution No. 2022-09 4 ~----·-------------------------···-·· 50 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION iv. Future Premiums The City caps its contributions toward monthly group medical, dental, and vision plan premiums by category (Single, Two-Party, and Family) as outlined in sections i and ii above. For the term of this agreement, and thereafter unless modified by negotiated agreement of the parties, the City's monthly contributions to medical, dental, and vision insurance shall remain as specified for the 2022 and 2023 Health Premiums and Contribution amounts, unless otherwise specified herein. The City's contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. 3. Medical Cash Out If an employee is covered by a medical program outside of a City-provided program (evidence of which must be supplied to Human Resources), the employee may elect to discontinue City medical coverage and receive the monthly value of the City's contribution to the Kaiser, Employee-only medical premium offered to this unit. Safety Members will receive the monthly value of the City's contribution for the lowest-cost, employee only medical coverage as described in Article 111.A.2.(ii). 4. Section 125 Plan Employees shall be eligible to participate in a City-approved Section 125 Flexible Spending Account Plan the same as all other eligible employees, as provided by IRS law. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care, and/or medical expenses. B. Life and Accidental Death and Dismemberment Insurance Each Non-Associated employee shall be provided with S50,000 life insurance and $50,000 accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at their own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. C. Long-Term Disability Insurance This program provides benefits for each incident of illness or injury after a waiting period of thirty (30) calendar days during which the Non-Associated employee may use accumulated sick leave, general leave, or executive leave pay. Subsequent to the thirty-(30) day waiting period, the employee will be covered by an insurance plan paid for by the City providing sixty-six and two-thirds percent (66 2/3%) of the first $12,500 of the employee's basic monthly earnings up to a maximum monthly benefit of $8,332.50. The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65). Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non-private program benefits to which the employee may be entitled. Disability is defined as: "The inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or occupation, for which they are fitted by reason of education, training or experience." Rehabilitation benefits are provided in the event the individual, due to disability, Exhibit A to Non-Associated Resolution No. 2022-09 5 51 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION must engage in other occupation. Survivor's benefits continue the plan payment for three {3) months beyond death. A copy of the plan is on file in the Human Resources Office. o_ City Paid Physical Examinations Non-Associated employees shall be provided, once every two years, with a City-paid physical examination comparable to the current pre-placement class physical examination or reimbursed the amount authorized for said physical examination_ No more than one-half of the eligible employees shall receive examinations in any one fiscal year. Said exam shall be comprehensive in nature and shall include: 1. A complete medical history, physical exam and review of results by physician_ 2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG. 3. Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool test for blood. E. Miscellaneous When a Non-Associated employee is on a leave of absence without pay for reason of medical disability, the City shall maintain the City-paid insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty-four (24) months. F. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004, and are granted a retirement allowance by the California Public Employees· Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan may choose to participate in City-sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City-sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City-sponsored medical insurance upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in City-sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City-sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). G. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004, and all future retirees who meet the criteria to participate in City-sponsored medical insurance, with or Exhibit A to Non~Associaled Resolution No. 2022v09 6 52 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION without the Retiree Medical Subsidy Plan, may participate in City-sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. A retiree or qualified dependent must choose to participate in City-sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City-sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in the City- sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. SECTION IV -RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit In the event a Non-Associated employee member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for their life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as, of the date of this agreement. This payment shall be made only to the member (Non-Associated employee), shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease. Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27, 1997. 2. Medical Insurance for Retirees a. Upon retirement, whether service or disability connected, each Non-Associated employee shall be entitled to cause self, spouse, and dependents to participate fully in the City's group health insurance program at the equivalent of the City's group premium rate in accordance with the provisions specified by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Such participation shall be at employee's expense and upon terms, conditions, and restrictions currently in effect. b. As an alternative to the benefit described in the preceding paragraph, the City will provide a financial contribution towards the cost of retiree medical premiums as described in Section VL B. Public Employees' Retirement System Contributions and Reporting 1. "Classic Member" Miscellaneous Members Retirement Benefits Exhibit A to Non-Associated Resolution No. 2022-09 7 53 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION a. Retirement Formula -The City shall provide all miscellaneous employees described as classic members by the Public Employees' Pension Reform Act of 2013 with that certain retirement program commonly known and described as the "2.5% at age 55 plan," which is based on the retirement formula as set forth in the California Public Employees' Retirement System (CalPERS), Section 21354 of the California Government Code. b. Classic Member Miscellaneous CalPERS Member Contribution -All miscellaneous bargaining unil classic members shall pay to CalPERS as part of the required member retirement contribution eight percent (8%) of pensionable income. This provision shall not sunset. c. One-Year Final Compensation -The City shall contract with CalPERS to have retirement benefits calculated based upon the classic employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this resolution. 2. "New Member" Miscellaneous Members Retirement Benefits -For New Members within the meaning of the California Public Employees' Pension Reform Act of 2013 as defined in California Government Code Sectiorr 7522.04(1). a. Retirement Formula -New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. b. Final Compensation -Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. c. New Member Miscellaneous CalPERS Member Contribution -Effective January 1, 2013, all new members, as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS each year in its annual valuation for the City, as required by California Government Code Section 7522.30(c). 3. "Classic Member" Safety Members Retirement Benefits a. Retirement Formula -The City shall provide all safety employees described as "classic" members by the Public Employees' Pension Reform Act of 2013 -"PEP RA" with that certain retirement program commonty known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (CalPERS), Section 21362.2 of the California Government Code. Exhibit A to Non-Associated Resolution No. 2022-09 8 54 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION b. Classic Member Safety CalPERS Member Contribution -All safety employees described as "classic" members shall pay to CalPERS as part of the required member retirement contribution nine percent (9%) of pensionable income. This provision shall not sunset. c. One-Year Final Compensation -The City shall contract with CalPERS to have retirement benefits calculated based upon the "classic" employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this resolution. 4. "New Member" Safety Members Retirement Benefits -For New Members within the meaning of the California Public Employees' Pension Reform Act of 2013. a. Retirement Formula -New Members shall be governed by the two and seven tenths percent at age 57 (2.7% @ 57) retirement formula set forth in Government Code section 7522.25(d) b. Final Compensation -Final compensation will be based on the highest annual average compensation eamable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. c. New Member Miscellaneous CalPERS Member Contribution -All new members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost, as established by CalPERS. 5. IRS Code Section 414/h)/2\ The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. 6. Pre-Retirement Optional Settlement 2 Death Benefit Non-Associated employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 of the California Government Code when approved by the City Council. 7. Fourth Level of 1959 Survivor Benefits Non-Associated employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 2157 4 of the California Government Code. 8. VEBA Plan Requirements a. Eligibility Defined Effective December 23, 2009, all eligible non-associated employees with 25 years of continuous service to the City of Huntington Beach wilt participate in the Plan. An eligible employee is an employee who works twenty (20) or more hours per week and Exhibit A to Non-Associated Resolution No. 2022--09 9 55 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION receives benefits. Eligibility criteria may be amended upon a majority vote of non• associated employees, as no cost is borne by the City. b. Leave Payout Plan Contribution Each eligible unrepresented management employee shall designate all leave payouts to be rolled over to their VEBA Plan account based on the established range upon separation from City employment. c. Participant Account A separate account is maintained for each contributing eligible non-associated employee, which documents the employee's contributions and disbursements. Contributions to a VEBA plan account as well as any disoursements to cover nonreimbursed, post-tax medical care expenses are both tax free. Eligible benefits subject to reimbursement by the Plan shall be limited to long-term care expenses and nonreimbursed medical premiums, co-pays, prescribed drug expenses and other medical care costs as that term is defined by the Internal Revenue Code Section 213. d. Administrative Fees Any Plan administrative fees will be deducted from interest on the total Plan investments. An eligible non-associated employee's Plan account is subject to a monthly administrative fee for expenses related to recordkeeping, claims processing, and claims reimbursement. The fee will first be deducted from interest on total plan investments, and then deducted, if necessary, from the employee's individual account. e, Dispute Resolution This Resolution and any disputes arising under or in connection with this Resolution shall not be subject to any dispute resolution procedures in the City's Personnel Rules, nor shall this Resolution and any such dispute relating thereto be subject to the jurisdiction of the City's Personnel Commission for any reason whatsoever. f. Indemnification All non-associated employees agree to indemnify and hold the City of Huntington Beach harmless against any claims made of any nature and against any suit instituted against the City arising from this Resolution, including, but not limited to, claims arising from an employee's participation in VEBA or from any salary reduction initiated by the City for VEBA contributions. Exhibit A to Non-Associated Resolution No. 2022-09 10 56 A. =~-- NON-ASSOCIATED EMPLOYEES PAY AND B ENEFITS RESOLUTION . SECTION V -LEAVE BEN EFITS General Leave 1. Accrual General leave may be used for any purpose, includi ng vacation, sick leave, and personal shall be accrued as follows: leave. General leave for non-associated employees Years of Service Annual General Lea ve Biweekly General Leave Allowance Allowance First throuah Fourth Year 176 hours 6.77 Fifth throuoh Ninth Year 200 hours 7.69 Tenth throuah Fourteenth Year 224 hours Fifteenth Year and Thereafter 256 hours 9.85 2. Eligibility and Approval General leave must be pre-approved except for ill may require a physician's statement for approval. computed from hiring date anniversary. Employees ness, injury or family sickness, which General leave accrued time is to be shall not be permitted to take general all not accrue general leave in excess ot use their general leave to advance on from employment. leave in excess of actual time earned. Employees sh of six hundred forty (640) hours. Employees may n their separation date on retirement or other separati 3. Leave Benefit Entitlements The City shall comply with all State and Federal leav e benefit entitlement laws. An eligible o use applicable earned Sick Leave, personal health issues. For more Human Resources Office. employee on an approved leave shall be allowed t General Leave, or Executive Leave for family or information on employee leave options contact the 4. Conversion to Cash a. b. Pay Off at T ennination An employee shall be paid for unused general I eave upon termination of employment receive compensation at their current to which they are entitled up to and at which time such terminating employee shall salary rate for all unused, earned general leave including the effective date of their termination. Conversion to Cash Two times during each fiscal year, each perman ent employee shall have the option to pensatlon up to a total of one hundred fiscal year. The employee shall give clslon to exercise such option. convert into a cash payment or deferred com and sixty (160) general leave benefit hours per payroll two (2) weeks' advance notice of their de Exhibit A to Non-Associated Resolution No. 2022-09 11 57 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION c. Deferred Compensation Contribution at Time of Separation The value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City, The latest opportunity for such transfer must be the beginning of the pay period prior to the employee's last day of employment. B. Holidays and Pay Provisions 1. Non-Associated employees shall receive the following legal holidays as of the first pay period following adoption of the Non-Associated Resolution paid in full per the employee's regularly scheduled work shift: (1) New Year's Day (January 1) (2) Martin Luther King Day (third Monday in January) (3) Presidents Day (third Monday in February) ( 4) Memorial Day (last Monday in May) (5) Independence Day (July 4) (6) Labor Day (first Monday in September) (7) Veteran's Day (November 11) (8) Thanksgiving Day (fourth Thursday in November) (9) The Friday after Thanksgiving (10) Christmas Day (December 25) In addition, all appointed positions shall receive the following holidays: (11) Christmas Eve (December 24) (12) New Year's Eve (December 31) 2. Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. 3. The parties agree that the City shall issue an official City holiday calendar in January of each year that will determine the dates that holidays are observed, following the guidelines below: a. City paid holidays which fall on Saturday shall be observed the preceding Friday, and those falling on Sunday shall be observed the following Monday. b. In the event that two consecutive City paid holidays fall on a Friday and Saturday, the two holidays shall be observed on the preceding Thursday and Friday. c. In the event that two consecutive City paid holidays fall on a Sunday and Monday, the two holidays shall be observed on Monday and the following Tuesday. C. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in each instance of death in their immediate family. Immediate family is defined as a parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or wards of which Exhibit A to Non-Associated Resolution No. 2022-09 12 58 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION the employee is the legal guardian, recognizing all birth, marital, and other legal ties (i.e., step relatives, in-laws, etc.). D. Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need. The program is outlined in Exhibit 4. SECTION VI -RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City-sponsored medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in Exhibit 2. Employees hired on or after December 1, 2009, shall not be eligible for this benefit. SECTION VII -MISCELLANEOUS A. Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non-authorized personnel. The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice (1/03/05). B. Uniforms and CalPERS Reporting The City provides uniforms to active duty employees in the classifications of Police Chief and Fire Chief. These employees are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. The City will report to the California Public Employees' Retirement System (CalPERS) -the average annual cost of uniforms as special compensation for each eligible employee in accordance with Title 2, California Code of Regulations, Section 571 (a)(5). Exhibit A to Non-Associated Resolution No. 2022-09 13 59 I 0591 Cit NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1A NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective March 19, 2022• ~01'1 294 103.38 108.55 113.98 119.68 125.66 131.94 138.54 ntenm IIV 0029 I . c· M anaaer 289 I 98.36 3 10 .28 108.44 1 113.87 I 1 9.56 I 125.54 I 131.82 DEPARTMENT HEADS 0592 Assistant Citv Manaoer 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 .. , 0015 Fire Chief 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0011 Police Chlef 275 85.57 89.85 94.34 99.06 104.01 109.21 114.67 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 Community Development 0589 Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 Director of Administrative 0800 Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 Director of Community & 0801 Librarv Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 CONTRACT NON-DEPARTMENT HEADS 0593 Chief Assistant City Attorney 261 74.44 78.17 82.08 86.18 90.49 95.01 99.76 0860 Deputy Dir. of Homelessness & 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 Behavioral Health Services 0845 Deputy Director of 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 Public Works --·-"~ 0900 Assistant Chief Financial 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Officer 0850 Deputy Director of 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Administrative Services 0855 Deputy Director of 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Communitv & Librarv Services 0840 Deputy Director of 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 Community Develooment 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 ·- ·Per Resolution No. 2022-09 Exhibit A to Non-Associated Resolution No. 2022-09 14 -·~•,..•,~~ 60 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION --···-·_;_:-=-:_:__:_:=c::__::cc__cc=:;__;:::=..=::..:c:=::_:_c=_::_:::~-==="-'-=-=-,:c=c:_::-=-:c_:c_=-:_: __ EXHIBIT 1B NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective November 2, 2020* ELECTED OFFICIALS 0016 NA0016 0017 NA0017 0018 Ci Treasurer Part-Time _ NA0018 'Per Resolution No. 2020-80 ·~· ,orllt 100.18 111.51 69,94 77.85 69,94 77.85 124.10 86,66 86,66 Exhibit A to Non-Associated Resolution No, 2022-09 . __ 15 _________________ ~ 61 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT2 RETIREE MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of continuous full time City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of their death would be eligible to receive if they were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve ( 12) months. D. Schedule of Benefits 1. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for benefits begins after an employee has completed ten (10) years of continuous full time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of their rehire in accordance with the City's Personnel Rules. Employees hired on or after December 1, 2009 shall not be eligible for this benefit. 2. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 3. Marital Status -Married retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section 4 -Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City-sponsored medical plan. Exhibit A to NonMAssociated Resolution No. 2022-09 16 62 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION a. In the case where a retiree is married to a City employee (active or retired) who is not an unrepresented/non-associated employee or retiree, this provision shall remain applicable. b. This provision shall apply to State of California registered domestic partners the same as married spouses. 4. Maximum Monthly Subsidy Payments Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shaft not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents. said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of years of service prior to retirement, exceeds ten (10) years of continuous full time service, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirements After: Years of Service Subsldy 10 $121 11 136 12 151 13 166 -14 181 15 196 16 211 17 226 18 241 19 256 20 271 "_,,_,,,_,~,,--,, ~,w,m-~~mM' 21 286 ··-~-"" --" ·=~--,,- 22 300 23 315 24 330 ~- 25 344 Exhibit A to Non-Associated Resolution No. 2022-09 17 63 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION MISCELLANEOUS PROVISIONS A. Eligibility: 1 . The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The Human Resources Office shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. B. Benefits: 1. The Retiree Subsidy Medical Plan includes any medical plan offered by the City to active and/or retired unrepresented/non-associated employees and retirees. 2. City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer. Retirees age 65 and over have no City Plan options and are eligible only for Medicare. 3. Premium payments are to be received at least one month in advance of the coverage period. C. Subsidies: 1. The subsidy payments will pay for: a. The Retiree Subsidy Medical Plan. b. HMO. c. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other employee benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements D. Medicare: 1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the participant. Exhibit A to Non-Associated Resolution No. 2022-09 18 64 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2. When a retiree and their spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and their spouse is not eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and their spouse who is also age 65 is eligible for paid Part A of Medicare. the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. c. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2, See provisions under "Benefits," "Subsidies," and "Medicare" for those retirees/dependents not eligible for paid Part A of Medicare. 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Non-Associated Resolution. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. Exhibit A to Non-Associated Resolution No. 2022-09 19 65 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 3 9180 WORK SCHEDULE This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty (40) Hour FLSA Work Week The actual FLSA workweek is from Friday at mid-shift (p,m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1 :00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA workweek is 12:00 noon Friday. B. Two Week Pay Period The pay period for employees starts Friday mid-shift (p.m.) and continues for fourteen (14) days until Friday mid-shift (a.m.), During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For identification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the ·s· schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday·. An example is listed below: AM PM AM PM AM PM F F s s M T w Th F F s s M T w Th F F IA Schedule 4 4 . -9 9 9 9 . -. . 9 9 9 9 4 4 IB Schedule . -. -9 9 9 9 4 4 . . 9 9 9 9 . - Exhibit A to Non-Associated Resolution No. 2022-09 20 66 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D. NB Schedule Changes FLSA exempt employees may change NB schedules at the beginning of any pay period with supervisor or City Manager approval. E. Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which. in the opinion of the City Manager, or designee may require such service from any of said employees. LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave -As stated in the Non-Associated Resolution. 2. Sick Leave -As stated in the Non-Associated Resolution. 3. Executive Leave -As stated in the Non-Associated Resolution. 4. Bereavement Leave -As stated in the Non-Associated Resolution. 5. Holidays -As stated in the Non-Associated Resolution. 6. Jury Duty-The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off. Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employees day off work, therefore, the employee will receive no added compensation. Exhibit A to Non-Associated Resolution No. 2022-09 21 67 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1. Purpose The purpose of the volunlary catastrophic leave donation program is to bridge employees who have been approved leave time to either return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave-sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury• A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member-For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Exhibit A to Non-Associated Resolution No. 2022-09 22 68 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. other Please contact the Human Resources Office with questions regarding employee participation in this program. Exhibit A to Non-Associated Resolution No. 2022-09 23 69 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Request Form Requester. Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory lime. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and • I am not receiving disability benefits or Workers' Compensalion payments. ~ame:(PieasePrint oriype: Last, i=irst,MIJ Pobfiue: i :Requester Signature: ;Departmentbirector Signature oisupport: ! 'Department: ' ~ ,--~ , __ ,_._,,, ________ ,_,_ ------- JEmployee ID#: ' Date: 'oate: Please submit this form to the Human Resources Office for processing. 70 NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete !Donor Name: (Please Print or Type: Last, First, Ml) !Donor Job Title: ~ype of Accrued Leave: 0 Vacation 0 Compensatory Time 0 General Leave I !Number of Hours I wish to Donate: Hours of Vacation I Hours of Compensatory Time I Hours of General Leave i-- I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First. Ml): !Donor Signature: Please submit to the Payroll/Finance Department. Exhibit A to Non-Associated Resolution No. 2022-09 25 71 Res. No. 2022-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on May 3, 2022 by the following vote: AYES: NOES: ABSENT: RECUSE: Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick None None None City Clerk ·and ex-officio Clerk of the City Council of the City of Huntington Beach, California 72 EXHIBIT B 73 EXHIBITS NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE NOVEMBER 2, 2020' ELECTED OFFICIALS 0017 City Clerk NA0017 69.94 77.85 86.66 0018 City Treasurer-PART-TIME NA0018 69.94 77.85 86.66 EFFECTIVE JULY 1, 2022' ELECTED OFFICIALS -CITY ATTORNEY 0016 City Attorney NA0016 100.18 -120.09 140.00 3.0% EFFECTIVE JULY 1, 2023 ELECTED OFFICIALS -CITY ATTORNEY 0016 City Attorney NA0016 100.18 123.69 144.20 3.0% EFFECTIVE JULY 1, 2024 ELECTED OFFICIALS -CITY ATTORNEY 0016 City Attorney NA0016 100.18 127.40 148.53 * Per Resolution No. 2020-80 t Per Resolution No. 2022..J<X adopted on 12/20/2022, the compensation of City Attorney was modified retroactive to 07/01/2022, and a 3.0% increase is scheduled to take effect on July 1, 2023, and July 1, 2024. 74 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-989 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of November 15, 2022 and the special meeting minutes of November 29, 2022, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of November 15, 2022 and the special meeting minutes of November 29, 2022. 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. November 15, 2022 CC/PFA regular meeting minutes 2. November 29, 2022 CC/PFA special meeting minutes City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™75 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, November 15, 2022 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Or Virtual via Zoom Webinar A video recording of the 5:00 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/ 5:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 5:00 PM ROLL CALL Present: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick Absent: Carr Councilmember Carr was granted permission to be absent pursuant to Resolution 2001-54, and City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 310 (a). Mayor Delgleize announced City Manager Al Zelinka was granted permission to be absent per City Charter Section 402, and Assistant City Manager Travis Hopkins was the Acting City Manager for this meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEM(S) (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None CLOSED SESSION ANNOUNCEMENT(S) 1. 22-991 Mayor Delgleize Announced: Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiators, Al Zelinka, Travis Hopkins, Acting City Manager; Ursula Luna- Reynosa, Director of Community Development; Sean Crumby, Director of Public Works, regarding negotiations with Timothy A. Fissinger, Vice President of Real Estate for Republic Services concerning price and terms of payment for the disposition of real property located at APN numbers 111-372-06 and 111-372-07 A motion was made by Kalmick, second Bolton, to recess to Closed Session. RECESSED TO CLOSED SESSION — 5:02 PM 76 City Council/PFA Regular Minutes November 15, 2022 Page 2 of 18 CLOSED SESSION 2. 22-992 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: APN numbers 111-372-06 and 111-372-07. Agency negotiator: Al Zelinka, Travis Hopkins, Acting City Manager; Ursula Luna-Reynosa, Director of Community Development; and Sean Crumby, Director of Public Works. Negotiating parties: Timothy A. Fissinger. Vice President of Real Estate for Republic Services. Under negotiation: Price and terms of payment. 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:03 PM ROLL CALL Present: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick Absent: Carr Councilmember Carr was granted permission to be absent pursuant to Resolution 2001-54, and City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 310 (a). Mayor Delgleize announced City Manager Al Zelinka was granted permission to be absent per City Charter Section 402, and Assistant City Manager Travis Hopkins was the Acting City Manager for this City Council meeting. PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Posey. INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 3. 22-931 Zarathushti Maneck Bhujwala of the Zoroastrian Community and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 4. 22-938 Mayor Delgleize called on Eagle Scout recipient Joe Broadway who recently rebuilt the staircase to the mudslide at the City’s Adventure Playground Joe Broadway of Troop 274, a life-time resident of Huntington Beach, was acknowledged by Mayor Delgleize for his Adventure Playground Eagle Scout project. Joe was responsible for the new pathway that was built which required 33 volunteers and 509 service hours. The project took over a year and was completed in April 2022. Mayor Delgleize thanked Joe for being such a great role model and presented him with a Certificate of Commendation. Joe expressed his gratitude for an opportunity to help kids in the City he grew up in, and thanked everyone who volunteered, his Scout Master Mr. LaParn, as well as Assistant City Manager Travis 77 City Council/PFA Regular Minutes November 15, 2022 Page 3 of 18 Hopkins who was his first Scout Master, Kiwanis Club of Huntington Beach and Huntington Beach Digital Arts for their generous support for the project. 5. 22-939 Mayor Delgleize recognized Republic Services Drivers Ben Matua and Jose Cardosa for being Good Samaritans in assisting a customer in need of help Mr. Dettloff described how he fell while working in his yard, and shared how helpful both Mr. Matua and Mr. Cardosa were to ensure he got safely into his home. Mayor Delgleize commended both Republic Services drivers for their compassion and kindness in this situation, and presented Certificates of Commendation. 6. 22-977 Mayor Delgleize called on members of the Huntington Beach Host Lions Club to present the Club’s Melvin Jones Award to Community & Library Services Director Chris Slama Lions Club 2nd Vice District Governor Scott Quinlan and Janet Price, HB Lion President, noted that the Lions (Loving Individuals Offering Needed Service) Club is the largest service organization in the world. Ms. Price presented a plaque and thanked Chris Slama for his 25 years of service through Lions Club. Mr. Slama thanked the Lions Club for this recognition, and acknowledged his City team members, community members, and his family for their tremendous support through the years. 7. 22-923 Mayor Delgleize presented the November Mayor’s HB Excellence Award to Chaplain Roger Wing with HBFD and HBPD Mayor Delgleize noted that the Mayor's HB Excellence Awardees are nominated by their co-workers for exemplifying the attributes of humility, social awareness, passion, exceptionality, integrity and are team oriented. Chaplain Wing has served the HB Police and Fire Departments for the past 25 years with heart-felt passion for the employees as well as community members, and looks for ways to honor those he serves. Chaplain Wing has provided comfort to citizens and Public Safety personnel suffering from traumatic incidents. He is a trusted counselor, and Police Chief Parra described Chaplain Wing as a man with selfless dedication especially during the grieving process whether he is ministering to families after tragic accidents, or affected community members and fellow employees. Chaplain Wing stated it has been an honor, a privilege and a blessing to serve and thanked Mayor Delgleize for the recognition. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Administrative Items #21 (22-956) Amended side letter of agreement with Huntington Beach Municipal Teamsters submitted by Brittany Mello, Administrative Services Director. #23 (22-969) Ten (10) email communications received regarding drafting a Zoning Text Amendment (ZTA) to delete the cannabis prohibition. 78 City Council/PFA Regular Minutes November 15, 2022 Page 4 of 18 PUBLIC COMMENTS (3 Minute Time Limit) — 33 In-Person and 1 Call-In Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Carol Rohr, President, Huntington Beach Mobile Home Resident Coalition, was called to speak and shared her disappointment in the results of the November 2022 Councilmember elections, as the winners chose to not participate in the Coalition's outreach. Ms. Rohr stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:43:08) Allie Plum, owner of an "immobile" home in Huntington Beach for nearly a decade, was invited to speak and encouraged the newly elected Councilmembers to focus on providing affordable housing, and care for the homeless, to keep Huntington Beach a great City. Ms. Plum stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:45:15) Mary Jo Baretich, a 40-year resident of Cabrillo Mobile Home Park, and Mobile Home Advisory Board Member, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:47:25) Art Estrada, Huntington Beach Mobile Home Resident Coalition Member, was called to speak and shared his disappointment that none of the Council Candidates that sympathize with the Coalition members were elected. Mr. Estrada stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:48:53) Marcos Rebollar was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:50:55) Molly Rebollar, Ocean View Estates resident for 22 years and life-long resident of Huntington Beach, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:51:11) Sok Kim, a resident of Ocean View Estates, was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:51:40) Unnamed Guest, a resident of Huntington Beach for 55 years and currently living in Ocean View Estates, was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:53:02) Richard Chimotti, a resident of Ocean View Estates, was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:53:55) Wededa Hepesh, an 8-year resident of Ocean View Estates, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039, and asked if there is any way to provide more parking for Ocean View Estates residents. (00:54:13) Unnamed Guest, a 15-year resident of Ocean View Estates, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:55:37) 79 City Council/PFA Regular Minutes November 15, 2022 Page 5 of 18 Darla Chemotti, a 10-year resident of Ocean View Estates, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:56:30) Tresa Holloway was called to speak and stated her support for Housing Element Options #2, #3 or #6 for the Seacliff area, and asked the newly elected Councilmembers to explore all areas of the City for any high density projects. (00:56:52) Dennis Holloway was called to speak and stated his opinion that SP7 and SP9 are not necessarily needed to meet State mandates, and support for Housing Element Options #2, #3 or #6 for the Seacliff area, and for exploring all areas of the City for high density projects. (00:57:52) Arturo Sanchez, a 25-year resident of Ocean View Estates, was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (00:59:43) Lola Archibald, an 8-year resident of Ocean View Estates, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (01:00:57) Aiden, with Boy Scouts of America Troop 1931, was called to speak and shared that recently, while working on their Citizenship and Community Badge, the Troop met with Councilmember Moser. Aiden, with the support of three additional Troop members, thanked Councilmember Moser for her time to answer their questions. (01:01:21) Mickey Golden, a resident of Peninsula Park, was called to speak and stated her opposition to the Housing Element Plan #4 for Holly-Seacliff at Goldenwest Street and Garfield Avenue. She also shared her opinion that more time should be spent on reviewing Options #4, #5, and #6 before making any decisions. (01:04:33) Patricia Taylor, a resident of Rancho Huntington Mobile Home Park, was called to speak and stated her support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (01:06:30) Amory Hanson was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039, as a great example for other mobile home park owners. (01:08:33) Tim Geddes, a 39-year resident of southeast Huntington Beach, was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estate leases until September 30, 2039. Mr. Geddes stated his hope that the newly elected Councilmembers will govern less by ideology and more by what is best for the citizens they represent. (01:09:06) John Hill, a 30-year resident currently living in Ocean View Estates, was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. (01:10:59) Sal Solo, U. S. Army Veteran and Cannabis Banking Consultant, was called to speak and stated his support for Measure O regarding the cannabis licensing program and described some of the financial benefits for the City. (01:11:46) 80 City Council/PFA Regular Minutes November 15, 2022 Page 6 of 18 Val Parker, a 26-year resident of Huntington Beach, was called to speak and shared details on this year's Hunger and Homelessness Awareness Week and stated her support for City Council formally declaring that housing is a basic human right. (01:13:54) Pano Frousiakis was called to speak and shared his enthusiasm regarding the City Council election results, his expectation that the community will join forces, and noted work is really just beginning for a brighter future. (01:15:58) Rick Minato, a Peninsula Park resident for 22 years, was called to speak and stated his opposition to the current high-density housing plans for the Seacliff area, and shared his opinion that the density should be no higher than 35 units per acre, or similar to the property adjacent to Seagate. (01:18:13) Love Ghione, a member of the HB Lion's Club and Huntington Beach/Seal Beach Chapter of the Surfrider Foundation, was called to speak and thanked Councilmembers for serving the community. Ms. Ghione invited everyone to participate in Surf City Splash on January 1, 2023, sponsored by the local chapter of the Surfrider Foundation. (01:20:41) Venilda Mayer was called to speak and shared her experience of immigrating to the U. S. 54 years ago, and asked the Sergeant of Arms to hand some paperwork for Mayor Delgleize. (01:22:42) Jonny Zurba, a resident of Ocean View Estates, was called to speak and expressed appreciation for Community Development Administrative Aide Kim Radding and her abilities to get along with everyone while quickly responding to resident concerns. (01:25:15) Jamie Zurba, a 14-year resident of Ocean View Estates, was called to speak and expressed her appreciation and gratitude for such a beautiful place to live. (01:26:50) Toni Squires, a 54-resident of Huntington Beach, was called to speak and stated her opposition to Consent Calendar Item #17 regarding the replacement of artificial turf at the Sports Complex outdoor soccer arena. Ms. Squires also stated her opposition to high-density housing for the open spaces at Garfield Avenue and Goldenwest Street. (01:27:10) Mike Mastropaolo was called to speak and stated his support for Administrative Items #20, regarding extending Ocean View Estates leases until September 30, 2039. He also shared his dismay at the situation so many mobile home residents are facing with uncontrolled space lease increases. (01:29:25) Russell Neal, a resident of Huntington Beach, was called to speak and stated his support for charter cities, localized government for the preservation of liberty, and preventing a dictatorship. Mr. Neal also stated his support for the newly elected Councilmembers who he believes will stand up for local residents and fight against Sacramento. (01:31:35) Caller Joe was invited to speak and stated his support for allowing cannabis businesses in Huntington Beach, and his concerns regarding approved business locations and the requirement for four existing California licenses before applying for a business license from Huntington Beach. (01:33:55) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Pro Tem Posey reported attending a CalPERS Local Officials Forum. 81 City Council/PFA Regular Minutes November 15, 2022 Page 7 of 18 Councilmember Moser reported attending the following meetings: CalPERS Local Officials Forum; July 4th Board; Veterans Day Ceremony; Veterans of the Year Event at Irvine Valley College to honor Huntington Beach Veteran Wayne (Russ) Dohmann; Human Relations Committee; Hosted Troop 1931 for Badge Requirement meeting; HB Business Improvement District (BID); Wetlands and Wildlife Care Center Gala to Celebrate 50 years of Wildlife Rehabilitation; Youth Board; and announced the next Community Cafe meeting on November 30, 5:30 – 8 PM, pre-registration required. Councilmember Moser also shared Homelessness and Housing updates and planned activities. Councilmember Bolton reported attending the following meetings: CalPERS Local Officials Forum; Edison Park Community Group; Human Relations Committee; Orange County Council of Government Women's Leadership Luncheon; and Veterans Day Ceremony. Mayor Delgleize reported attending the following meetings: Orange County Transit Authority (OCTA); Grand Re-Opening of Vista View Middle School; and Village View Elementary Veterans Day Assembly. CITY MANAGER’S REPORT Acting City Manager Travis Hopkins provided a brief update on the Housing Element and announced the Planning Commission Public Hearing, November 16, 2022, to consider Option #3 of the Housing Element as presented to the City Council on November 1, 2022, and invited public participation. CONSENT CALENDAR Councilmember Bolton pulled Item #10, and Mayor Pro Tem Posey pulled Item #11 for further discussions. Office of City Clerk 8. 22-958 Approved and Adopted Minutes A motion was made by Posey, second Moser to approve and adopt the City Council/Public Financing Authority regular meeting and Housing Authority special meeting minutes of November 1, 2022. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 9. 22-240 Reaffirmed adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 A motion was made by Posey, second Moser to reaffirm Resolution No. 2021-62, "A Resolution of the City Council of the City of Huntington Beach, California, finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person." 82 City Council/PFA Regular Minutes November 15, 2022 Page 8 of 18 The motion carried by the following vote: AYES: Bolton, Posey, Delgleize, Moser, and Kalmick NOES: Peterson ABSENT: Carr Office of City Manager 10. 22-889 Reported on Hate Crimes and Hate Incidents and Recommendations by the Huntington Beach Human Relations Committee (HRC) Councilmember Bolton pulled this item to thank the members of the Human Relations Committee for their report on ways to support victims of hate incidents. Councilmember Moser added her appreciation for the volunteer members of the Human Relations Committee for their work, as well as the Ad Hoc Committee, Police Department and staff. A motion was made by Bolton, second Moser to receive and file the Report on Hate Crimes and Hate Incidents and Recommendations by the Huntington Beach Human Relations Committee The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr Community Development Department 11. 22-961 Adopted Resolution No. 2022-77 approving the decertification of Subsequent Environmental Impact Report (SEIR) No. 10-001; rescission of Conditional Use Permit (CUP) No. 02-004, Entitlement Plan Amendment (EPA) No. 10-001, Coastal Development Permit (CDP) No. 10-014, and Tentative Parcel Map (TPM) No. 10-130; and termination of related agreements (Poseidon) Mayor Pro Tem Posey pulled this item to note his opposition. A motion was made by Posey, second Moser to approve decertification of SEIR No. 10-001; rescission of CUP No. 02-004, EPA No. 10-001, CDP No. 10-014, and TPM No. 10-130; and termination of related agreements by adopting Resolution No. 2022-77 "A Resolution of the City Council of the City of Huntington Beach Decertifying Final Subsequent Environmental Impact Report No. 10-001 and Repealing Resolution No. 2010-63 and Rescinding all City Entitlement Approvals and Terminating All Agreements (Attachment No. 1)." The motion carried by the following vote: AYES: Peterson, Bolton, Delgleize, Moser, and Kalmick NOES: Posey ABSENT: Carr 83 City Council/PFA Regular Minutes November 15, 2022 Page 9 of 18 12. 22-964 Approved an Amended and Restated Lease Agreement between the City of Huntington Beach and Waterfront Hotel, LLC, for the beach concession at 21351 Pacific Coast Highway A motion was made by Posey, second Moser to approve an Amended and Restated Lease Agreement between the City of Huntington Beach and Waterfront Hotel, LLC for the Concession Stand at 21351 Pacific Coast Highway; and, authorize the Mayor, City Manager, and City Clerk to execute the Agreement and other related documents. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 13. 22-957 Adopted Ordinance 4267 approving Zoning Text Amendment (ZTA) No. 21-003 amending the Bella Terra Specific Plan to revise the Zoning Boundaries and Development Standards of the Real Property located at 7777 Edinger Avenue (Bella Terra Residential Project) Approved for introduction as amended November 1, 2022 - Vote: 6-1 (Peterson - No) A motion was made by Posey, second Moser to approve Zoning Text Amendment No. 21-003 with findings (Attachment No. 1) and adopt City Council Ordinance No. 4267, "An Ordinance of the City of Huntington Beach Amending the Bella Terra Specific Plan to Revise the Zoning Boundaries and Development Standards of the Real Property Located at 7777 Edinger Avenue (Zoning Text Amendment No. 21-003)" (Attachment No. 4). The motion carried by the following vote: AYES: Bolton, Posey, Delgleize, Moser, and Kalmick NOES: Peterson ABSENT: Carr Fire Department 14. 22-912 Approved four reappointments to the Harbour Commission, as recommended by City Council Liaisons, Mayor Pro Tem Posey and Councilmember Peterson A motion was made by Posey, second Moser to approve the reappointment of William Larkin as a Member of the Harbour Commission through December 31, 2026; and, approve the reappointment of Kimberley Milligan as a Member of the Harbour Commission through December 31, 2026; and, approve the reappointment of Chris Nielsen as a Member of the Harbour Commission through December 31, 2026; and, approve the reappointment of Craig Schauppner as a Member of the Harbour Commission through December 31, 2026. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 84 City Council/PFA Regular Minutes November 15, 2022 Page 10 of 18 Public Works Department 15. 22-886 Approved a sole source procurement request to purchase 3 Meeder Ransome vaporizer units to fuel backup generators for the water system’s booster stations A motion was made by Posey, second Moser to approve the sole source procurement request for the purchase of 3 Meeder Ransome vaporizer units to fuel backup generators for the water system's booster stations. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 16. 22-936 Adopted and authorized recordation of Resolution No. 2022-66 ordering the summary vacation of an easement over a portion of Huntington Street near the intersection with Atlanta Avenue in the City of Huntington Beach A motion was made by Posey, second Moser to adopt Resolution No. 2022-66, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Undeveloped Portion of an Existing Street and Public Utility Easement Along the Eastside of 102 and 104 Huntington Street, in the City of Huntington Beach, and Making a Finding of Exemption Under CEQA" (Attachment 2); and, instruct the City Clerk to record Resolution No. 2022-66 and the respective attached exhibits with the Orange County Recorder. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 17. 22-945 Approved a one-time reallocation of $250,000 of HB Recovery funds for unscheduled turf replacement at the HB Sports Complex outdoor soccer arena A motion was made by Posey, second Moser to approve the reallocation of $250,000 of HB Recovery Funds toward the replacement of artificial turf surfacing at the Sports Complex outdoor soccer arena. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr PUBLIC HEARING 18. 22-908 Adopted Ordinance No. 4270 adopting the 2022 Model California Construction Codes. Approved for Introduction October 18, 2022 - Vote: 6-0-1 Peterson Absent 85 City Council/PFA Regular Minutes November 15, 2022 Page 11 of 18 Community Development Director Ursula Luna-Reynosa announced that Jasmine Daly, Building Official, had presented a detailed report for this item on October 18, 2022, and was present to answer any questions. Mayor Delgleize opened the Public Hearing. Assistant City Clerk Patty Esparza announced there were no Supplemental Communications nor any public speakers for this item. Mayor Delgleize closed the Public Hearing. A motion was made by Peterson, second Posey to adopt Ordinance No. 4270, "An Ordinance of the City of Huntington Beach Amending Title 17 - Buildings and Construction of the Huntington Beach Municipal Code Adopting the California Building Standards Code and Repealing Ordinance No. 4190." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 19. 22-948 Adopted Ordinance No. 4268 amending Chapter 17.56 of the Huntington Beach Municipal Code, adopting California Fire Code Approved for Introduction October 18, 2022 - Vote 6-0-1, Peterson absent Deputy Fire Marshal Steve Eros stated that a PowerPoint communication titled Local Adoption of the 2022 California Fire Code was presented on October 18, 2022, and Fire Marshal Janice Van Mullem was present to answer any questions. Mayor Delgleize opened the Public Hearing. Assistant City Clerk Patty Esparza announced there were no Supplemental Communications nor any public speakers for this item. Mayor Delgleize closed the Public Hearing. A motion was made by Peterson, second Posey to adopt Ordinance No. 4268, "An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code and Repealing Ordinance No. 4189." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr ADMINISTRATIVE ITEMS 20. 22-944 AS AMENDED, approved proposed extension of the City-owned Ocean View Estates Mobile Home Park and authorization to temporarily reduce rents for eligible senior Mobile Home owners at Ocean View Estates 86 City Council/PFA Regular Minutes November 15, 2022 Page 12 of 18 Steve Holtz, Deputy Director of Community Development, and Charles Kovac, Housing Manager, presented a PowerPoint communication titled Proposed Extension of Ocean View Estates Mobile Home Park, with slides entitled: Ocean View Estates Mobile Home Park; Financial Impact; Response to September 20, 2022 Study Session Questions; City-Wide Rent Survey; Rent Survey; Capital Improvement Costs; Capital Improvement Costs - Continued; Sale of OVE Mobile Home Park; Options to Extend Mobile Home Park Use and Establish a Special Reserve Fund; Scenario: 1 Cost of Closure Only; Scenario 1 Revenues vs. Expenditures; Scenario 2: Cost of Closure and Creation of Passive Recreational Park; Scenario 2 Revenues vs. Expenditures; Scenario 3: Cost of Closure, Creation of Passive Recreational Park, and Contribution to Central Park Maintenance; Scenario 3 Revenues vs. Expenditures; OVE Space Rent Assistance; Recommendations; and Questions? Mayor Pro Tem Posey and Director Luna-Reynosa discussed the issue of property tax on land that is leased to private entities by the City, and Director Luna-Reynosa explained the County calculates a "possessory" interest based on the terms of the lease, including rental rate. Councilmember Moser stated appreciation for staff's time to address this item, and her support for the 15-year extension to allow for proper planning. There was further discussion with Deputy Director Holtz regarding TBRA Program funding beyond two years. Mayor Delgleize confirmed with Deputy Director Holtz that the proposed action does not include any extra funds for Central Park maintenance. Councilmember Kalmick noted this item does not lock the City into a Special Reserve Fund, and stated his support for checking on how things are going in ten years. Councilmember Kalmick recommended that the Ocean View Estates (OVE) Rent Reduction for Eligible Seniors be tied to the City-wide mobile home TRBA program. Councilmember Peterson stated his support for this item, and added his support for some of the funds going back to Central Park maintenance. Director Luna-Reynosa stated that Council has the ability to place General Fund monies back to Central Park, and staff didn't want to present an option that might restrict any of the money. She further noted that because the land is zoned as park land, this is the only way to monetize the property. Mayor Delgleize stated her support for keeping Ocean View Estates as a mobile home park as long as possible. Councilmember Bolton confirmed with Housing Manager Kovac that three percent (3%) inflation number was used for the calculations. Councilmember Moser and Deputy Director Holtz discussed options for the proposed 10-year check-in, as well as the process for owners who may be interested in having first right of refusal if property ownership would be an available option in the future. Mayor Pro Tem Posey stated his support for this item, and agreed with Director Luna-Reynosa that this is a way to monetize the property, and protect a taxpayer asset. He further noted that spending nearly ten percent (10%) of the net revenue each year on capital improvements, or increased value, should be considered in the future when evaluating lease rates. 87 City Council/PFA Regular Minutes November 15, 2022 Page 13 of 18 A motion was made by Kalmick, second Peterson to authorize an extension of the Rental Agreements and operations at Ocean View Estates Mobile Home Park for a period of 15 years through September 30, 2039, and direct 65 percent of net operating revenue to a Special Reserve Fund for Ocean View Estates Mobile Home Park closure. The Special Reserve Fund will provide for 1) replacement housing and relocation of park residents upon cessation of use as a mobile home park; and 2) remediation of the mobile home park. In the event of budgetary constraints due to escalating CalPERS costs, authorize the City Manager with consultation with the Chief Financial Officer to reallocate Special Reserve Fund as needed. Directed staff to return five years prior to the planned closure date with an assessment of the capacity of the Special Reserve Fund to cover costs associated with closing the mobile home park and Park Development Impact Fees to cover the costs of converting the property to a passive recreational park. Authorized the Office of the City Attorney to prepare revised Rental Agreements for Ocean View Estates Mobile Home Park residents and further authorize the City Manager or designee to execute such Rental Agreements. Authorized the City Manager or designee to approve temporary rent reduction for eligible seniors at Ocean View Estates consistent with the Mobile Home Tenant Based Rental Assistance Program, as amended to have staff return in 10 years and tie the Ocean View Estates Program money with the TBRA Program money. The amended motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 21. 22-956 Approved the Classification and Compensation Study Implementation Plan by adopting Resolutions No. 2022-70, 2022-71, 2022-72, 2022-73, and 2022-74 related to Side Letters of Agreement with the Huntington Beach Municipal Teamsters (HBMT), Management Employees’ Organization (MEO), Marine Safety Management Association (MSMA), Surf City Lifeguard Employees’ Association (SCLEA), and Fire Management Association (FMA); and by adopting Resolution No. 2022-76 modifying salary and benefits for appointed Non-Associated (NA) employees; and approve Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Scott Haberle; and adopt Resolution 2022-75 related to a Side Letter of Agreement with Huntington Beach Firefighters’ Association (HBFA) regarding the Retiree Medical Trust Brittany Mello, Director of Administrative Services, along with Consultant Bob Longmire who was available via Zoom, presented a PowerPoint communication titled Classification & Compensation Study Implementation Plan, with slides entitled: Background (3); Job Market Challenges; Results of Salary Survey; Implementation Strategy; Agreement Reached with Associations; Overview of Citywide Changes; Non-Associated; Fiscal Impact; Staff Recommendation; and Questions? Mayor Pro Tem Posey commended Ms. Mello and Consultant Longmire for completion of this project, and noted the importance of recruiting and retaining employees. He stated his pleasure for the opportunity to support this item which keeps Huntington Beach competitive, and to confirm sound staffing economics. Director Mello, noted that the Society for Human Resources Management (SHRM) reports that on average it costs a company six to nine months of an employee's salary to replace them. 88 City Council/PFA Regular Minutes November 15, 2022 Page 14 of 18 Councilmember Kalmick thanked Director Mello and Consultant Longmire for an excellent presentation that was easy to understand. Councilmember Moser stated her support for this item, and noted how important it is to retain employees and their knowledge base. A motion was made by Posey, second Kalmick to adopt Resolution No. 2022-70, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan and Memorandum of Understanding Between the City and the Huntington Beach Municipal Teamsters (HBMT) by Adopting the Side Letter of Agreement" (Attachment 1); and adopt Resolution No. 2022-71, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan and Memorandum of Understanding Between the City and the Huntington Beach Management Employees' Organization (MEO) by Adopting the Side Letter of Agreement" (Attachment 2); and adopt Resolution No. 2022-72, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan and Memorandum of Understanding Between the City and the Huntington Beach Marine Safety Management Association (MSMA) by Adopting the Side Letter of Agreement" (Attachment 3); and adopt Resolution No. 222-73, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan and Memorandum of Understanding Between the City and the Surf City Lifeguard Employees' Association (SCLEA) by Adopting the Side Letter of Agreement" (Attachment 4); and adopt Resolution No. 2022-74, "A Resolution of the City Council of the City of Huntington Beach Amending the City's Classification Plan and Memorandum of Understanding Between the City and the Huntington Beach Fire Management Association (FMA) by Adopting the Side Letter of Agreement" (Attachment 5); and adopt Resolution No. 2022-76, "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees by Adding or Amending Classifications and Compensations for Various Positions" (Attachment 6); and approve and authorize the City Manager to execute, "Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Scott Haberle" (Attachment 7); and adopt Resolution No. 2022-75, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA) by Adopting the Side Letter of Agreement" (Attachment 8); and authorize the City Manager to take all administrative and budgetary actions necessary to implement the Classification and Compensation Study. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 22. 22-962 Approved Fiscal Year 2021/22 Year-End and Budget Adjustments and Inter-Fund Transfers Chief Financial Officer Dahle Bulosan presented a PowerPoint communication titled Financial Update & FY 2021/22 Year-End Budget Adjustments, with slides entitled: Presentation Overview; Financial Update; General Fund (Fund 100) Projections; CalPERS Update; CalPERS UAL Payment Projection; Section 115 Trust Projected Balance Scenarios; General Fund Long-Term Financial Plan (3); Year-End Budget Adjustment Requests; General Fund Adjustments; General Fund Surplus with Year End Adjustments; Other Fund Adjustments (2); Other Recommendations; What's on the Budget Horizon?; Summary of Recommended Actions; and Questions? 89 City Council/PFA Regular Minutes November 15, 2022 Page 15 of 18 Mayor Pro Tem Posey reminded Councilmembers that there has to be a conscious awareness of CalPERS and their decisions which impact investment returns. A motion was made by Posey, second Kalmick to approve the year-end inter-fund transfers for the FY 2021/22 Revised Budget in the funds and by the amounts contained in Attachment 1 and carry the remaining appropriations into FY 2022/23; and, increase appropriations for the FY 2021/22 Revised Budget by $12,423,138 in the funds and amounts contained in Attachment 1 and associated FY 2022/23 carryovers to reconcile the budget with actual expenses incurred; and, approve the FY 2022/23 appropriation of $5 million of grant revenues and expenditures into Fund 1277 for the Oak View Neighborhood Cleanup and Beautification Project received through the Clean California Local Grant Program; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 3 to Agreement between the City of Huntington Beach and Winbourne Consulting, LLC for Consulting Services for CAD Mobile Law RMS Replacement Services" (Attachment 2). The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr 23. 22-969 Directed staff to draft a Zoning Text Amendment (ZTA) to delete the cannabis prohibition and to permit cannabis activities consistent with the Council’s Ad Hoc Committee’s recommendations Senior Planner Hayden Beckman presented a PowerPoint communication titled Cannabis Activities with slides entitled: Background; Community Outreach; Land Use Policy Recommendations (2); Buffer Restrictions Map; Next Steps; Staff Recommendation; and Questions? Senior Planner Beckman also noted the current results for Measure O are at 54.1% for approval. Councilmember Kalmick explained this is the land use portion of the process and noted that if Councilmembers do not move this forward the industry will step in with a ballot initiative with their own rules. He further shared his opinion that restricting the number of suitable sites by going to the 1,000- foot buffer may result in lack of enough locations. Councilmember Kalmick stated his support for staff recommendation. Councilmember Peterson stated he will not support this item, for one because he supports the 1,000-feet buffer from property line to property line. He added he feels this issue is being unnecessarily rushed through and with more industry input a better plan could be put in place. Mayor Delgleize, Councilmembers Peterson and Bolton discussed the pros and cons for 600-foot vs. 1,000-foot buffers and what other cities use. Councilmember Bolton stated that from her perspective the issue is having local control which can only happen if Council moves forward. Mayor Delgleize stated her support for being a step ahead and ensuring proper regulations are in place. Councilmember Moser stated her support for retaining as much control as possible by writing the ordinance and managing the details. She also stated her expectation that the Planning Commission would acknowledge the letter received from the Ocean View School District regarding support for the 90 City Council/PFA Regular Minutes November 15, 2022 Page 16 of 18 1,000-foot buffer and consider how that may or may not impact the Ocean View schools in adjacent cities. Councilmember Kalmick stated that with all of the criteria that must be met for retail locations, many of the sites that appear on a map will in actuality not qualify, and it would be a very time consuming and difficult exercise to try to pre-determine which sites would qualify. He noted that the map showing the 600-foot buffer appears to fairly evenly distribute potential sites throughout Huntington Beach. He further discussed the big differences between clients for legal vs. illegal cannabis businesses, and noted the goal is to drive out the illicit market by providing easy legal access. Mayor Pro Tem Posey stated that THC is still a Schedule 1 hallucinogenic, there is still a federal banking issue for the industry, and he is not convinced that the revenue generated will exceed the social cost as his reasons for not supporting this item. He also stated his opinion that adding taxes and fees to legitimate businesses might create prices that would not necessarily drive out the illicit business. Councilmember Moser stated her support for moving ahead, knowing there will be opportunities to fine- tune decisions along the way. Councilmember Mosher stated her support for making medical product legally available for those who may benefit. Mayor Delgleize stated her support for this item to maintain local control, and ensure safe medicinal products. A motion was made by Kalmick, second Bolton to request the City Manager (or designee) to draft a Zoning Text Amendment (ZTA) to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to delete the existing cannabis prohibition and add necessary language to allow cannabis activities consistent with the Council's Ad Hoc Committee's recommendations. The motion carried by the following vote: AYES: Bolton, Delgleize, Moser, and Kalmick NOES: Peterson, and Posey ABSENT: Carr 24. 22-971 Approved recommendations regarding the City’s procurement policies as they pertain to formal bid thresholds, approval levels, and reporting to City Manager and City Council; directed staff to prepare ordinances for City Council approval Chief Financial Officer Dahle Bulosan and Consultant Ryan McNeely with PFM presented a PowerPoint communication entitled Procurement Policy Review, with slides entitled: Presentation Overview; Background; Procurement Project Timeline; City of Huntington Beach Procurement Policies (4); Staff Survey of Neighboring Cities (3); PFM Review (2); PFM Review: Procurement Goals and Principles (3); PFM Review: Transparency; PFM Review: Fairness (2); PFM Review: Efficiency (2); Public Works Drives Procurement Activity; Public Works Drives Procurement Spending; Most City Contracts are for $30,000 or Less; Most Cost is Attributable to Contracts $500,000+; PFM Review: Efficiency; PFM Review: Effectiveness; PFM Review: Areas for Additional Analysis; PFM Review: Preliminary Recommendations (15); PFM Review: Areas for Future Recommendations (2); Summary of Recommendations; Summary of Recommendations - Bid Limits; Summary of Recommendations - Approval Levels; and Questions? 91 City Council/PFA Regular Minutes November 15, 2022 Page 17 of 18 Mayor Pro Tem Posey noted that he and Councilmember Peterson first brought up the topic of procurement processes back in 2015 and he is delighted to see this detailed presentation, especially Page 29, reporting on contracts. He reiterated that big ticket items need to be addressed to ensure transparency and public awareness, monthly or even quarterly, as a Consent Calendar item to receive and file. A motion was made by Posey, second Peterson to approve recommended bid thresholds, approval levels, and reporting to City Manager and City Council, and; direct staff to incorporate recommended changes and prepare ordinances as part of Phase 2 of the Procurement Project for City Council approval. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr COUNCILMEMBER ITEMS 25. 22-934 Approved Item submitted by Councilmember Kalmick — Sign Code Update (HBZSO Section 233) Councilmember Kalmick introduced this item as an effort to ensure that the Huntington Beach Sign Code is enforceable and current. The second portion of this item is to determine why non-commercial signs are allowed in public right of way and ask staff to review best practices from other cities. A motion was made by Kalmick, second Posey to direct the City Manager and City Attorney's office to review our Sign Code (HBZSO Section 233) for compliance with these two Supreme Court rulings and any other rulings not listed here and bring back any necessary Zoning Text Amendments to the Planning Commission and City Council in Q1 2023. Additionally, direct staff to bring back by the end of the 2023 an analysis of our noncommercial sign policy and make any recommendations for modification. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Moser, and Kalmick NOES: None ABSENT: Carr COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Moser shared more details regarding Huntington Beach Veteran of the Year acknowledgement for Huntington Beach Veteran Wayne (Russ) Dohmann. She also shared more details regarding the first Community Cafe meeting, and encouraged residents to get involved and participate in future meetings. She closed her comments by thanking Boy Scout Troop 1931 for inspiring her. ADJOURNMENT — 10:17 PM to a special meeting of the Huntington Beach City Council/Public Financing Authority scheduled for 4:00 PM, Tuesday, November 29, 2022 in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. 92 City Council/PFA Regular Minutes November 15, 2022 Page 18 of 18 The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, December 6, 2022, 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 93 Minutes Special Meeting City Council/Public Financing Authority City of Huntington Beach Tuesday, November 29, 2022 4:00 PM – Council Chambers 5:00 PM – Council Chambers 6:00 PM – Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Or Virtual via Zoom Webinar A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:03 PM ROLL CALL Present: Bolton, Posey, Delgleize, Carr, Moser, and Kalmick Absent: Peterson Councilmember Peterson was granted permission to be absent from Study and Closed Sessions pursuant to Resolution No. 2001-54; City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 310 (a); and City Attorney Michael Gates was granted permission to be absent pursuant to City Charter Section 309 (d). ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY SESSION/CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — 1 Public 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. Galen Pickett was called to speak and stated his opinions related to the Housing Element which will be discussed by Councilmembers during the 6 PM City Council Meeting, and thanked Councilmembers for their leadership. (00:01:23) STUDY SESSION 1. 22-1016 City Manager’s First 100 Day Report City Manager Al Zelinka, and members of the Executive Leadership Team (Police Chief Parra, Chief Financial Officer Dahle Bulosan, Director of Community Development Ursula Luna-Reynosa, Director of 94 Council/PFA Special Meeting November 29, 2022 Page 2 of 14 Community and Library Services Chris Slama, Director of Public Works Sean Crumby, Fire Chief Haberle, Director of Administrative Services Brittany Mello, Assistant City Manager Travis Hopkins, and Assistant to City Manager Catherine Jun), presented a PowerPoint communication titled First 100 Days, with slides entitled: Agenda; Observations About HB; HB (14); Forward Facing; OneHB Mission; Accountability; Transparency; Responsiveness; Effective & Efficient; Diversity, Equity & Inclusivity; Engagement & Consensus Building; Foundations & Aspirations; Accountability; Transparency; Responsiveness; Effective & Efficient; Diversity, Equity & Inclusivity; Engagement & Consensus Building; Major Initiatives; Gratitude; Questions, and Comments. Mayor Pro Tem Posey expressed his appreciation for this report being presented by all members of the Executive Leadership Team, and stated his support for the importance of Town Hall meetings as well as being aware of economic sustainability and the return on investment (ROI). Councilmember Bolton stated her appreciation for City Manager Zelinka's fresh approach and innovative mindset to the management of Huntington Beach. Councilmember Carr stated her appreciation for the comprehensive report, and commended City Manager Zelinka for working with the outstanding Executive Leadership Team that was in place when he was hired. Councilmember Moser stated her appreciation for the calm, measured, focused, and strategic manner that City Manager Zelinka brings to the Executive Leadership Team. Mayor Delgleize expressed her appreciation for an excellent presentation. A motion was made by Posey second by Carr to recess to Closed Session. RECESSED TO CLOSED SESSION — 5:04 PM CLOSED SESSION 2. 22-1021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Pacific Airshow, LLC v. City of Huntington Beach and Carr; Case No. 30-2022-01287749. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:06 PM ROLL CALL Present: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick Absent: None City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 310 (a), and City Attorney Michael Gates was granted permission to be absent pursuant to City Charter Section 309 (d). PLEDGE OF ALLEGIANCE — Led by Councilmember Moser 95 Council/PFA Special Meeting November 29, 2022 Page 3 of 14 INVOCATION 3. 22-978 Marsha Rechsteiner of Saints Simon and Jude Catholic Church in Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — Chief Assistant City Attorney Mike Vigliotta announced that City Council voted 6–0–1 (Peterson absent) to waive attorney/client privilege and disclose Council voted 6–0–1 (Peterson absent) to indemnify Kim Carr in the Pacific Air Show vs City of Huntington Beach lawsuit. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS (3 Minute Time Limit) — 12 In-Person Public Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Jannika Kampschuur, a life-long resident of Huntington Beach, was called to speak and stated her opposition to Public Hearing Item #8 regarding the Housing Element, specifically the proposed high- density zoning for the Frontier site at Slater Avenue and Gothard Street. (01:26:02) Cathey Ryder, also speaking on behalf of her husband Bob, was called to speak and acknowledged the need for affordable senior housing for which there is no easy solution. She also stated their appreciation for the excellent service and commitment of Mayor Delgleize, Mayor Pro Tem Posey, and Councilmembers Peterson and Carr. (01:27:00) Mike Costello was called to speak and stated his opposition to Public Hearing Item #8 regarding the Housing Element and zoning for high density housing anywhere within Huntington Beach. He also stated his opposition to Councilmember Items #9 regarding appointing Councilmember Kalmick to OCTA District 1 Seat. (01:28:52) Shirley Dettloff was called to speak and thanked Councilmembers for their leadership through two City Managers, an oil spill, a pandemic, and commended them for standing up for what was right on so many issues. (01:30:20) Amory Hanson was called to speak and stated his support for Consent Calendar Item #5, regarding a Memorandum of Understanding between the City of Huntington Beach and the American Legion Huntington Beach Post 133. (01:33:32) Russ Neal, a resident of Huntington Beach, was called to speak and shared his opinion on Public Hearing Item #8 regarding the Housing Element, and specifically noted the Council's analysis which stated it will degrade, and not improve, the quality of life in Huntington Beach. He also noted that the current City Council has failed to push back on State housing mandates. (01:34:21) Charles Dean, a resident living adjacent to the Frontier site at Slater Avenue and Gothard Street for the last 14 years, was called to speak and stated his opposition to Public Hearing Item #8 regarding the Housing Element proposed high density zoning for the Frontier site or next to any single-family neighborhood. (01:36:21) 96 Council/PFA Special Meeting November 29, 2022 Page 4 of 14 Jim Shandrick, a resident of Huntington Beach for over 57 years, was called to speak and asked if any of the parcels of open land targeted for high density housing with Public Hearing Item #8 regarding the Housing Element can be expected to be taken through eminent domain. He noted that his family had land in the Downtown area previously taken by eminent domain, and he doesn't want that to happen to another piece of family land located in the Beach/Edinger Specific Plan. He got a negative headshake response from a Councilmember. (01:39:32) Laura M., a resident of Huntington Beach since 1997, was called to speak and stated her opinion that Councilmembers have the power, authority and responsibility to do what is best for the residents when considering how to vote on Public Hearing Item #8 regarding the Housing Element and zoning for high density housing. (01:41:48) Vanessa Casella, a resident of the Surf Crest community for over 20 years, was called to speak and stated appreciation for recent changes at the intersection of Pacific Coast Highway (PCH) and Seapoint Street to increase pedestrian safety. She also expressed concerns regarding recent decisions related to cannabis business locations, and asked that Public Hearing Item #8 regarding the Housing Element proposed zoning overlays be tabled so the newly elected Councilmembers can make the decisions they will have to contend with. (01:45:08) Robert Fisher, a resident for over 25 years, was called to speak and stated his opposition to Public Hearing Item #8 regarding the Housing Element proposed high density zoning overlays. He shared his opinion that this item has not taken into consideration the impact on schools, infrastructure, or quality of life for residents, and suggested the item should be tabled so the newly elected Councilmembers can make the decision they will have to contend with. Mr. Fisher stated he is an attorney and offered his pro bono services to the City Attorney's Office on any of these matters. (01:46:24) Maureen was called to speak and shared her opinion that people do not want more high density in Huntington Beach. She also shared her opinion that all of the Councilmembers do not pay attention to Public Speakers, but rather seem distracted by their computers. (01:49:44) CONSENT CALENDAR City Manager Al Zelinka temporarily pulled Item #6 regarding electric vehicle charging infrastructure. Councilmember Moser recused herself for Item #6 and left the room for voting on that item because her husband is employed by a company that installs electric vehicle charging stations. City Manager’s Office 4. 22-1014 Approved appointment of Kim Kaston to the Huntington Beach Human Relations Committee (HBHRC) as recommended by City Council Liaisons, Councilmember Bolton and Councilmember Moser A motion was made by Carr, second Posey to approve the appointment of Kim Kaston as a member of the Huntington Beach Human Relations Committee through December 31, 2023, the end of term for the current unscheduled vacancy, as recommended by City Council Liaisons Bolton and Moser. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 97 Council/PFA Special Meeting November 29, 2022 Page 5 of 14 Community and Library Services Department 5. 22-1022 Approved and authorized execution of a Memorandum of Understanding between the City of Huntington Beach and the American Legion Huntington Beach Post 133 A motion was made by Carr, second Posey to approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding between the City of Huntington Beach and the American Legion Huntington Beach Post 133 for the Use of City Facilities and Provision of Veterans Services." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None Public Works Department 6. 22-921 Approved the construction of electric vehicle charging infrastructure and authorized the execution of Charge Ready Rebate Participation Agreements and Easement Agreements between City of Huntington Beach and Southern California Edison (SCE) as necessary to receive electric vehicle (EV) charging infrastructure at no cost to the City A motion was made by Posey, second Kalmick to approve the construction of electric vehicle charging infrastructure as designed by SCE; and, authorize the Director of Public Works to execute the Charge Ready Rebate Participation Agreement and Easement Agreement between City of Huntington Beach and SCE for each project site. The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, and Kalmick NOES: None RECUSED: Moser 7. 22-947 Adopted Resolution No. 2022-67, "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach" A motion was made by Carr, second Posey to adopt Resolution No. 2022-67, "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach." The motion carried by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: None 98 Council/PFA Special Meeting November 29, 2022 Page 6 of 14 PUBLIC HEARING 8. 22-870 As amended to Open Public Hearing and Keep Open to a Special Meeting on December 8, 2022, at 6:00 PM to adopt Resolution No. 2022-62 approving General Plan Amendment No. 2021-003 (Housing Element Update), adopt Resolution No. 2022-78 approving General Plan Amendment No. 2022-001 (General Plan Land Use Element Affordable Housing Overlay), approve for introduction Ordinance No. 4269 approving Zoning Map Amendment No. 2022-002 (Zoning Map Affordable Housing Overlay), approve for introduction Ordinance No. 4272 approving Zoning Text Amendment No. 2022-008 (HBZSO Chapter 229 Affordable Housing Overlay), adopt Resolution No. 2022-59 approving Zoning Text Amendment No. 2022-009 (Beach and Edinger Corridor Specific Plan Affordable Housing Overlay), approve for introduction Ordinance No. 4271 approving Zoning Text Amendment No. 2022-007 (Holly Seacliff Specific Plan Affordable Housing Overlay), and adopt Resolution No. 2022-63 approving Subsequent Environmental Impact Report No. 2022-002 with findings of fact and statement of overriding considerations (Housing Element Update and Associated Program Implementation Actions). Councilmember Carr recused herself, as advised by the City Attorney's Office, because she owns property within 1,000 feet of properties to be discussed during this Public Hearing. A motion was made by Kalmick, second Moser to CEQA Action approve Subsequent EIR No. 22-002 with findings of fact and statement of overriding considerations by approving City Council Resolution No. 2022-63, "A Resolution of the City Council of the City of Huntington Beach certifying Final Subsequent Environmental Impact Report No. 22-002 for the City of Huntington Beach 6th Cycle Housing Element Update (2021-2029), adopting findings pursuant to the California Environmental Quality Act, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program" (Attachment No. 1); Housing Element Update Action approve General Plan Amendment No. 21-003 (Housing Element Update) and City Council Resolution No. 2022-62, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 21-003 (2021-2029 Housing Element Update" (Attachment No. 2); Implementation Actions (Legislative Amendments) to approve General Plan Amendment No. 22-001 (General Plan Land Use Element Affordable Housing Overlay) and City Council Resolution No. 22-78, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 22-001 (Land Use Element and Land Use Map Updates" (Attachment Nos. 3, 4 and 5); approve Zoning Map Amendment No. 22-002 (Zoning Map Affordable Housing Overlay) with findings (Attachment No. 6) by approving Ordinance No. 4269, "An Ordinance of the City of Huntington Beach amending District Maps 2 (Sectional Map 2-6-11), 15 (Sectional Map 14-5- 11), 26 (Sectional Map 23-5-11), 27 (Sectional Map 24-5-11), 31 (Sectional Map 26-5-11), 32 (Sectional Map 27-5-11), and 39 (Sectional Map 35-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to add the Affordable Housing Overlay to real property within the City of Huntington Beach" (Attachment No. 7); approve Zoning Text Amendment No. 22-008 (HBZSO Chapter 229 Affordable Housing Overlay) with findings (Attachment No. 6) by approving draft Ordinance No. 4272, "An Ordinance of the City Council of the City of Huntington Beach amending the Zoning and Subdivision Code of the City of Huntington Beach to add a new Chapter 229 (Affordable Housing Overlay)" (Attachment No. 8); approve Zoning Text Amendment No. 22-009 (Beach and Edinger Corridor Specific Plan Affordable Housing Overlay) with findings (Attachment No. 9) by approving draft City Council Resolution No. 2022-59, "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)" (Attachment No. 10); and approve Zoning Text Amendment No. 22-007 (Holly Seacliff Specific Plan Affordable Housing Overlay) 99 Council/PFA Special Meeting November 29, 2022 Page 7 of 14 with findings (Attachment No. 11) by approving draft Ordinance No. 4271, "An Ordinance of the City Council of the City of Huntington Beach amending the Holly-Seacliff Specific Plan (SP 9) to establish an Affordable Housing Overlay" (Attachment No. 12), as amended to hear a condensed Staff Report and Public Speakers tonight, and continue Public Hearing open to a Special Meeting, December 8, 2022, at 6 PM, so that newly elected Councilmembers can participate in the decision. Councilmember Moser stated her opinion that the newly elected Councilmembers should be allowed to engage in the conversation, and noted that campaign promises are different than governing within legal constraints. She added that the longer this decision is delayed only increases the potential damage, danger and repercussions to the City. Councilmember Peterson confirmed with Councilmember Kalmick the intent of the amended motion is to repeat the Staff Report and allow Public Speakers to return to the December 8, 2022, Special Meeting so that newly elected Councilmembers are fully informed. A substitute motion was made by Posey, which failed due to lack of a second, to CEQA Action approve Subsequent EIR No. 22-002 with findings of fact and statement of overriding considerations by approving City Council Resolution No. 2022-63, "A Resolution of the City Council of the City of Huntington Beach certifying Final Subsequent Environmental Impact Report No. 22-002 for the City of Huntington Beach 6th Cycle Housing Element Update (2021-2029), adopting findings pursuant to the California Environmental Quality Act, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program" (Attachment No. 1); Housing Element Update Action to approve General Plan Amendment No. 21-003 (Housing Element Update) and City Council Resolution No. 2022- 62, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 21-003 (2021-2029 Housing Element Update" (Attachment No. 2); Implementation Actions (Legislative Amendments) to approve General Plan Amendment No. 22-001 (General Plan Land Use Element Affordable Housing Overlay) and City Council Resolution No. 22-78, "A Resolution of the City Council of the City of Huntington Beach approving General Plan Amendment No. 22-001 (Land Use Element and Land Use Map Updates" (Attachment Nos. 3, 4 and 5); approve Zoning Map Amendment No. 22-002 (Zoning Map Affordable Housing Overlay) with findings (Attachment No. 6) by approving Ordinance No. 4269, "An Ordinance of the City of Huntington Beach amending District Maps 2 (Sectional Map 2-6-11), 15 (Sectional Map 14-5-11), 26 (Sectional Map 23-5-11), 27 (Sectional Map 24-5-11), 31 (Sectional Map 26-5-11), 32 (Sectional Map 27-5-11), and 39 (Sectional Map 35-5-11) of the Huntington Beach Zoning and Subdivision Ordinance to add the Affordable Housing Overlay to real property within the City of Huntington Beach" (Attachment No. 7); approve Zoning Text Amendment No. 22-008 (HBZSO Chapter 229 Affordable Housing Overlay) with findings (Attachment No. 6) by approving draft Ordinance No. 4272, "An Ordinance of the City Council of the City of Huntington Beach amending the Zoning and Subdivision Code of the City of Huntington Beach to add a new Chapter 229 (Affordable Housing Overlay)" (Attachment No. 8); approve Zoning Text Amendment No. 22-009 (Beach and Edinger Corridor Specific Plan Affordable Housing Overlay) with findings (Attachment No. 9) by approving draft City Council Resolution No. 2022-59, "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)" (Attachment No. 10); and approve Zoning Text Amendment No. 22-007 (Holly Seacliff Specific Plan Affordable Housing Overlay) with findings (Attachment No. 11) by approving draft Ordinance No. 4271, "An Ordinance of the City Council of the City of Huntington Beach amending the Holly-Seacliff Specific Plan (SP 9) to establish an Affordable Housing Overlay" (Attachment No. 12). The motion failed by the lack of a second. The amended motion carried by the following vote: 100 Council/PFA Special Meeting November 29, 2022 Page 8 of 14 AYES: Peterson, Bolton, Delgleize, Moser, and Kalmick NOES: Posey RECUSED: Carr Mayor Delgleize opened the Public Hearing. (02:01:43) Community Development Director Ursula Luna-Reynosa noted the document under consideration has been a lot of work over multiple years, and acknowledged Administrative Analyst Nicolle Aube, Deputy Director of Community Development Jennifer Villasenor, Associate Planner Alyssa Matheus, Housing Manager Charles Kovac, and Deputy Director of Community Development Steve Holtz, as well as Consultants Kimberly Horn, Dave Barquist, and Rita Garcia. Director Luna-Reynosa briefly noted that this task is not easy in a built-out city, and added it was impossible to find sites that do not impact existing neighborhoods. She also described another small city which was impacted by a builder's remedy project that moved forward because that city was out of compliance with their Housing Element, and noted this possibility is becoming more common. Director Luna-Reynosa further explained this document must be approved by Councilmembers so that a Certified Housing Element is received, after which the State and Regional Housing Needs Allocation (RHNA) numbers can be challenged by the City. She noted the City will be in a better position to make those challenges after the Housing Element is certified. Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced supplemental communications received by her office following distribution of the Council Agenda packet: Public Hearing 8. 22-870 Eighty-one (81) email communications. Public Hearing Speakers: 22 In-Person, and 1 Caller Carol Rohr, Huntington Beach Mobile Home Resident Coalition President, was called to speak and stated her opposition to converting mobile home parks to high density building. She acknowledged the need for more affordable housing, and noted many mobile home park residents feel a threat to their quality of life as they review the proposed Housing Element. Ms. Rohr noted that mobile home park residents need City Council oversight in order to protect them in the event predatory park owners use the proposed changes to their advantage. She stated if the newly elected Council majority decides to appease the special interests of the mobile home park owners who donated to their campaigns, then the current mobile home owners will see their worst nightmare come true, and Ms. Rohr asked Councilmembers to not let that happen. (02:05:28) Robert Romansik, a resident of Huntington Beach since 1984 and Environmental Engineer, was called to speak and stated his opposition to developing the Frontier site with high density housing. He stated that in his professional opinion that project would not be sustainable in any manner, because of noise that would impact the flora and fauna in the park, major safety concerns along the roadways including lack of traffic visibility, substantial air pollution, no discussion of the underground fuel tanks on the site, and social injustice. He further noted that proposed high density zoning changes are not spread throughout the City, but appear to be concentrated between Gothard and Goldenwest Streets. (02:07:44) 101 Council/PFA Special Meeting November 29, 2022 Page 9 of 14 Joclyn Rabbitt-Sire, a resident of Huntington Beach since 1999, was called to speak and stated her support for the General Plan Amendment (Housing Element Update). She noted that currently approximately seventy-six percent (76%) of the State's municipalities required to have a Housing Element are in compliance, and she suggested that Huntington Beach should join that group, and help solve the local housing crisis. Ms. Rabbitt-Sire noted the staggering penalties for non-compliance include an escalating structure of fines, and making the City ineligible for a raft of State funds and grants that are used for improved infrastructure. (02:10:57) Bob Walsh, a resident of the Seagate neighborhood whose home backs to one of the overlay parcels, and a commercial real estate developer, was called to speak and stated his opposition to the Housing Element zoning overlay. He stated his opinion that the City has not been transparent in keeping residents informed, and his biggest concern is the Regional Housing Needs Assessment (RHNA) numbers cannot be achieved while also adhering to the goal of "preserving the character, scale and quality of established residential neighborhoods". He noted that the buffer between the RHNA number of approximately 13,700 and the target of 20,000 seems excessive, and suggested the eighty percent (80%) factor is very conservative and should be re-visited. Mr. Walsh also stated his support for pushing back on State mandates. (02:13:24) Ann Palmer was called to speak and stated her support for the comments of Mr. Walsh, and that she is opposed to the General Plan Amendment (Housing Element Update). She read past comments she noted were made by Councilmembers regarding this topic, and stated it appears the current Council direction is falling in opposition to those previous statements. Ms. Palmer asked which Council is going to be the one to stop the increasing housing numbers. She noted the community's interest in keeping Huntington Beach a town, rather than converting it to a metro, and encouraged Councilmembers to be open to considering innovative solutions such as approving projects which include low-income housing rather than allowing in-lieu payments to place the low-income housing somewhere else. (02:16:18) Kathryn Sear was called to speak and stated her opposition to the General Plan Amendment (Housing Element Update). In her opinion, when considering the long run, the only thing that really matters for anyone is their answer to God when this life is over. (02:19:33) Charles Dean, a resident of the Golden View neighborhood, was called to speak and noted that quality of life in Huntington Beach is the most important thing to his family. He stated his opposition to the General Plan Amendment (Housing Element Update) and his appreciation for the opportunity to share his concerns . (02:20:44) Marilyn Schmidt, a resident of Huntington Beach for 30 years, was called to speak and stated her support for continuing this Public Hearing so that the newly elected Councilmembers can be part of the decision process. She stated her support for so many of the comments already expressed, and her interest in maintaining the quality of life for Huntington Beach residents. (02:23:12) Wilson Turner, a resident of Huntington Beach since 2019, was called to speak and shared the thoughts of a friend who currently lives in high density housing, including too many people packed into a tight area, lack of respect for others and their property, the noise of garbage trucks every day because of so much trash, and who concluded, "I don't like this place". He further shared his opinion that current Councilmembers have little regard for the hopes and concerns of the citizens, and stated his opinion that City Council's support for high density development is just an effort for power and control. (02:24:24) 102 Council/PFA Special Meeting November 29, 2022 Page 10 of 14 Laura M. was called to speak and stated her opposition to the General Plan Amendment (Housing Element Update) because of the drain and strain on the schools, medical facilities, public safety, and noted the lack of notice for the meetings which addressed this issue. She stated her support for the many opposition comments already made, and shared her opinion that each Councilmember is in a position to support what is morally right, and high density housing will transform Huntington Beach from a suburban to a metropolitan environment which she believes will become crowded, dirty, and unsafe. She also shared her opinion that when this life is over each person will answer to God for their decisions and actions. (02:26:51) Pat Goodman, a resident of Huntington Beach, was called to speak and stated her support for the General Plan Amendment (Housing Element Update) and opportunity for the newly elected Councilmembers to participate in the decision to be made. She stated her support for affordable housing, and noted she would not like to live in a city that does not have a compliant Housing Element. (02:30:26) Allie Plum was called to speak and stated her support for the comments of Pat Goodman. Ms. Plum stated her opposition to placing high density zoning on mobile home parks, and acknowledged there is a need for affordable housing within Huntington Beach. She also stated her support for making it possible for the newly elected Councilmembers to be involved in the decision process. (02:32:47) Bobbi King, a resident of Del Mar Mobile Estates, was called to speak and stated her support for the Mobile Home Park Conversion Ordinance. (02:34:08) Unnamed Guest was called to speak and expressed appreciation for Save Surf City efforts, and stated his concerns regarding a developer's ability to randomly raise rents in a high density project. He also expressed concerns such as increased traffic and negative impact on the school system if additional high density housing is approved. (02:34:40) Diane Bentley, a 21-year resident of Huntington Beach, was called to speak and stated her support for the General Plan Amendment (Housing Element Update). She acknowledged the need for safe affordable housing for all economic segments of the community, which she believes will decrease crime and increase property values. Ms. Bentley shared her opinion that approving this plan will provide the best opportunity to meet housing goals and retain local control over housing development, while failure to approve the Housing Element Update will expose the City to severe consequences as previously described by other speakers. (02:36:13) Unnamed Guest, a resident whose home backs to Ernest Drive in the Seagate community, and a professional city planner for 25 years, was called to speak and stated her support for Planning Commission Option #3 to include stipulating no balconies or roof decks 100 feet from the south side of Ernest Drive. She further asked that Councilmembers seriously consider the position of strength that will result for fighting State housing mandates if there is a compliant Housing Element in place. (02:38:47) Mary Jo Baretich, a 40-year resident of Huntington Beach, was called to speak and noted numerous discrepancies between the Zoning, General Plan, Land Use, and Community Sub-Area maps. Ms Baretich stated her opinion that mobile home parks need to retain the original RMP [Revised Master Plan] zoning as shown on the 2016 Zoning map, and shared her concerns related to the possibility that mobile home parks will be converted to apartment complexes displacing mostly senior citizens. She noted that the proposed General Plan and Land Use maps show the wetlands designation of "coastal conservation" along Pacific Coast Highway between Beach Boulevard and Newland Street has been replaced with "commercial visitor serving" for an area that includes the Cabrillo Beachfront Mobile Home 103 Council/PFA Special Meeting November 29, 2022 Page 11 of 14 Park. Ms. Baretich offered to assist in ensuring the original RMP and coastal conservation designations are honored. (02:41:17) Cheri Atkinson, a long-term resident of Huntington Beach, was called to speak and stated her support for the General Plan Amendment (Housing Element Update) while considering the concerns of the community. Ms. Atkinson commended Councilmembers and City staff for the important services and programs provided for the homeless and low-income members of the community. She noted that if the Huntington Beach Housing Element is not compliant, then State funds used for many of these projects will be lost. (02:44:20) Stefan Redl, a resident of Huntington Beach since he was a young child, was called to speak and shared his perspective as a long-time, productive, local business owner, and tax-paying resident. He noted that the General Plan Amendment (Housing Element Update) will impact the whole community, not just those who reside in Edwards Hill neighborhoods. He stated that Slater Street is already dangerous and shared his opinion that putting high density housing on the Frontier site will only increase that issue, as well as negatively impact park users and wildlife. (02:47:12) Davida Milo, a 25-year resident of Huntington Beach, was called to speak, and stated her impression that unfortunately it is the State, not the local City Council, that determines housing numbers, and she supports having a complaint Housing Element that can be later disputed or challenged. She further stated her opinion that it is incredibly irresponsible to put Huntington Beach at risk legally and financially by not having a compliant Housing Element. Ms. Milo stated her support for including the newly elected Councilmembers in the Housing Element decision, and expressed her support for distributing housing need projects throughout the whole City, rather than unduly impacting a few neighborhoods. She further clarified the need to ensure decks and balconies are not approved for any development units within a 100 feet of Ernest Drive. (02:50:29) Heidi Mann, a resident of Huntington Beach since 2019, was called to speak and shared her opinion there has been no consideration of "theory" vs "practice" in all of the discussions related to the Housing Element, and decisions are being made based on mandates from people who do not live in Huntington Beach. She stated her support for continuing this item so that a compromise can be reached that supports the needs of everyone. (02:53:38) Karen Catania, a resident of Surf City Beach Cottages, was called to speak and stated she does not want to be looking at large buildings from Central Park. She further shared her opinion this is an opportunity for Huntington Beach to take a stand against Sacramento mandates. (02:56:18) Roger Noor was called to speak and suggested that the property purchased in Westminster for the use of the Huntington Beach Police Department instead be used for the housing mandates from Sacramento. (02:58:07) Caller Mark Sheldon, a 30+ year resident of Huntington Beach, was invited to speak and directed his comments to a Consent Calendar item rather than this Public Hearing. He also thanked Councilmembers for their service. (02:59:49) Councilmember Moser noted for the record that staff has worked very diligently and hard on this item, and outlined the next steps to allow the newly elected Councilmembers to be fully informed and able to participate in the vote on whether to approve the Housing Element Update. 104 Council/PFA Special Meeting November 29, 2022 Page 12 of 14 Director Luna-Reynosa confirmed that per the City Charter, Council-approved resolutions become effective immediately, and ordinances require an introduction, or first reading, followed by a second reading for a vote at least five (5) days later. If approved, an ordinance becomes effective 30 days later. Mayor Pro Tem Posey stated his disappointment the vote on this issue has been delayed, and added the best way to maintain local control is to exercise it, in this case by approving a Housing Element. He added that if the Housing Element is not approved on December 8, it will only create chaos and will encourage developers to invoke SB35 or SB330 or other builders remedy tactics to construct what they want where they want, irrespective of the Housing Element. He also noted that as of July 1, AB2011 basically moots all discussions regarding zoning overlays and allows developers to purchase commercially zoned properties such as strip malls, parking lots and office space to convert the space to housing without local Planning Commission or City Council oversight and approval. Mayor Pro Tem Posey stated that on December 8 the decision made will either turn local development over to developers, or approve a Housing Element that is compliant with State law. He noted that SB2 funding, which pays for a large part of the operation of the Navigation Center, is only available if Huntington Beach has a compliant Housing Element, and referenced the sizeable amount of funding that was lost one year because of a delayed compliant Housing Element. Mayor Pro Tem Posey further described how State mandated housing numbers are reached, as well as previous and current lawsuits related to this issue. (03:06:30) Mayor Delgleize announced that the Public Hearing will remain open for further discussion until the Special Meeting scheduled for December 8, 2022, at 6 PM in Council Chambers. (03:11:36) COUNCILMEMBER ITEMS 9. 22-1026 Approved Item Submitted by Mayor Pro Tem Posey — Requested the Mayor to Support Councilmember Kalmick for the OCTA District 1 Seat During City Selection on December 1, 2022 Mayor Pro Tem Posey clarified that the Huntington Beach City Council does not have the power to make appointments to the Orange County Transportation Authority (OCTA) Board, but rather there is a City Selection Committee Election process utilized by the County of Orange. He further explained this item is only a polite request that Mayor Delgleize vote for Huntington Beach Councilmember Kalmick rather than any alternate candidate during the voting process. Mayor Pro Tem Posey stated his opinion that keeping a Huntington Beach representative on the OCTA Board is the best way for Huntington Beach interests to be served. Councilmember Kalmick clarified he had submitted his application for the position, and explained that through redistricting he is seeking a newly created OCTA Board seat. The OCTA Board position currently held by Major Delgleize has been moved to District 2. Councilmember Kalmick noted he has served on the OCTA Advisory Committee for over a decade and has been Vice Chair for multiple years. Councilmember Carr noted that this action will not be a guarantee because all Orange County mayors for District 1 will be voting, and stated her support for formalizing the Huntington Beach City Council position for all regional board positions moving forward. A motion was made by Posey, second Carr to request that the Mayor or her designee vote for Councilmember Kalmick at City Selection Committee for Orange County Transit Authority District 1 Population Seat through multiple rounds. 105 Council/PFA Special Meeting November 29, 2022 Page 13 of 14 The motion carried by the following vote: AYES: Bolton, Posey, Delgleize, Carr, Moser, and Kalmick NOES: Peterson COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Moser announced the following upcoming events: 17th Street Ribbon Cutting for the Park on Saturday, December 3, 10 – 11 AM; HB Police Department Open House in Civic Center Plaza on Saturday, December 3, 12 – 3 PM; and Lite a Light of Love Parade and Snowflake Lighting, Downtown and Pier Plaza on Sunday, December 4, 3:30 – 6 PM. Councilmember Moser noted the Wetlands and Wildlife Care Center is celebrating 50 years of operation with 25 years of that time located in Huntington Beach. Mayor Pro Tem Posey described the service of Dick Harlow as the Former City Planning Director and noted Mr. Harlow was the person who helped him understand and develop housing policy when he served on the Planning Commission. Councilmember Moser shared her thoughts of appreciation for the commitment that Mary Urashima made to the community through the years by serving on various committees, including efforts to preserve Historic Wintersburg. Mayor Delgleize shared some background on Mr. Harlow's service to the community and noted that Huntington Beach is a better City because he lived here. Mayor Delgleize also shared details to honor the life of Mary Adams Urashima who served Huntington Beach for more than 20 years, and described her as a kind, professional, ethical, good historian, a good mediator, and great mentor and friend to many. ADJOURNMENT — 8:11 PM in memory of Dick Harlow, Mary Urashima and Dr. David Keulen, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, December 6, 2022, 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 106 Council/PFA Special Meeting November 29, 2022 Page 14 of 14 ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 107 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-241 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Reaffirm adoption of Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed in compliance with new Brown Act provisions identified in Assembly Bill 361 Statement of Issue: On September 16, 2021, Governor Newsom approved Assembly Bill 361 (Rivas) that amends the Ralph M. Brown Act to include a new authorization that allows all local agencies to host remote meetings and remote public comments. The authorization, which largely extends the provisions of the Governor’s Executive Order N-29-20 (approved March 17, 2020) and Executive Order N-35-20 (approved March 21, 2020), is in effect until January 1, 2024. To comply with the new provisions identified in AB 361, the City Council adopted Resolution No. 2021-62 finding a proclaimed state of emergency continues to impact the ability to meet safely in person, and allows meetings of the City Council and all City boards, commissions and committees to be conducted remotely as needed due to health and safety concerns for the public. Financial Impact: Not applicable. Recommended Action: Reaffirm Resolution No. 2021-62, “A Resolution of the City Council of the City of Huntington Beach, California, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person.” Alternative Action(s): Do not reaffirm Resolution No. 2021-62 and direct staff accordingly. Analysis: A provision of Assembly Bill 361 requires local agencies to verify every 30 days that the exemption from traditional teleconference requirements is still necessary. Specifically, the legislative body must City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™108 File #:22-241 MEETING DATE:12/20/2022 make findings no later than 30 days after the first teleconference and every 30 days thereafter that: ·The legislative body has reconsidered the state of emergency circumstances; and ·Either i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or ii) state or local officials continue to impose or recommend measures to promote social distancing. If necessary, the City will continue to make appropriate findings at least every 30 days to ensure compliance with this verification requirement of Assembly Bill 361 until its sunset date of January 1, 2024. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2021-62 2. Assembly Bill 361 City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1040 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Receive and file the Maddy Act Local Appointments List - 2023 (terms on City boards, commissions, and committees that expire in 2023) informing the public of openings and vacancies based on 2023 expiration of current members’ terms Statement of Issue: Compliance with the Maddy Act requires that the City Council annually receive and file an updated list of all boards, commission, and committees on which members’ terms are scheduled to expire. The Maddy Act Local Appointments List - 2023 informs the public of available opportunities to serve on City boards and commissions in 2023. Financial Impact: Not applicable. Recommended Action: Receive and file the Maddy Act Local Appointments List - 2023 showing vacancies that will occur on City boards, commissions, and committees in the year 2023, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2023 will also be posted at all branch libraries and on the City’s website. Alternative Action(s): None. Analysis: Annually, each legislative body shall prepare an appointment list of all regular and ongoing boards, commissions, and committees appointed by the legislative body of the local agency. The list of appointees shall contain the following information: 1. A list of all appointive terms that will expire during the next calendar year (2023) with the name of the incumbent appointee, the date of appointment, the date the term expires, and the City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™127 File #:22-1040 MEETING DATE:12/20/2022 necessary qualifications for each position. 2. A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body and the necessary qualifications for each position. Whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination or other causes, a special Notice of Vacancy shall be posted in the Office of the City Clerk of the local agency and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. The legislative body shall not make final appointment to a board, commission, or committee for at least 10 working days after the posting of the Notice of Vacancy. Emergency vacancies can be filled, but the appointee will serve on an acting basis until a final appointment is made. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Maddy Act Local Appointments List - 2023 City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™128 City of Huntington Beach LOCAL APPOINTMENTS LIST – 2023 Opportunity for Public Service on City Boards, Commissions, Committees CITY BOARDS, COMMISSIONS AND COMMITTEES TERMS WHICH HAVE EXPIRATION DATES OCCURING IN CALENDAR YEAR 2023 This list is prepared to inform members of the community of opportunities to serve on City boards, commissions, committees, and to invite applications from interested parties per Chapter 11, Section 54970, Part 1, Division 2, Title 5 of the California Government Code. Please note that the following information pertains to openings that will be available in 2023 because of expiration of members’ terms. Very often during the year there will be openings on boards, commissions and committees because members resign. These openings are posted separately at the Civic Center and Huntington Central Library, and are listed on the city’s website at: https://www.huntingtonbeachca.gov/government/boards_commissions/notice_of_vacancies.cfm. Applications for public service on a City Board, Commission, Committee can be accessed here: https://huntingtonbeachca.gov/government/boards_commissions/. ROBIN ESTANISLAU, CITY CLERK Office of the City Clerk 2000 Main Street, 2nd Floor 714-536-5227 129 CIAB/PUBLIC WORKS COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Appointed By David Gins (Chair) 12/21/2020 Natalie Moser Steven Shepherd 01/19/2021 Dan Kalmick John Villa 11/16/2021 Rhonda Bolton Cory Johnson 12/21/2020 Dan Kalmick Vacant Tony Strickland Vacant Gracey Van Der Mark Vacant Pat Burns Vacant Casey McKeon Mission/Purpose: The mission of the CIAB/Public Works Commission is to review and make recommendations related to Public Works capital improvement projects and programs. In 2021, the City Council voted in favor of consolidating the Citizens’ Infrastructure Advisory Board, Beautification, Landscape, and Trees (BLT) Committee, and the Public Works Commission. Members and Appointments: All current members of the Citizens Infrastructure Advisory Board (CIAB) and Public Works Commission members in good standing will continue to serve until their terms sunsets. The Commission will thereafter consist of seven (7) members made by direct appointment of each City Councilmember to a term that coincides with the City Councilmember's term. Members may have no interest in any contract with the City, either during their term or for a period of one year after cessation of Commission service. All members serve without compensation, may hold no other office or employment in city government and no other employment that is incompatible with Commission service. Appointments to this board must file California Form 700 - "Statement of Economic Interests." Meeting Times and Dates: The CIAB/Public Works Commission holds regular monthly meetings on the third Wednesday of each month at 5:00 PM at the Utilities Yard located on 19021 Huntington Street. All meetings are open to the public and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Public Works Department at (714) 375-5055. Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of Huntington Beach with special interest, training, and/or experience in the field of Public Works. Vacancies: In the event a member retires or is unable to complete his / her term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 130 CITIZENS PARTICIPATION ADVISORY BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Appointed By Parna Ghosh 01/01/2021 Dan Kalmick Macey Lachman 01/01/2021 Natalie Moser Vacant Rhonda Bolton Vacant Tony Strickland Vacant Gracey Van Der Mark Vacant Pat Burns Vacant Casey McKeon Mission/Purpose: The mission of the Citizens Participation Advisory Board (CPAB) is to submit recommendations to City Council on allocations for Community Development Block Grant (CDBG) funds. Members and Appointments: The CPAB includes seven members made by direct appointment of each City Councilmember to a term that coincides with the City Councilmember's term. Meeting Dates and Times: The CPAB holds regular meetings on the 1st Thursday of the month beginning at 6:00 p.m. in Room B-8 of the Civic Center; additional meetings may be required depending on the number of grant applications received or as other issues arise. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Office of Business Development at (714) 536-5470. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach; members shall have an interest in assessing the needs of the community, particularly that of low and moderate-income households. Low-income and disadvantaged persons are encouraged to apply. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 131 COMMUNITY AND LIBRARY SERVICES COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Appointed By Laura Costelloe 12/21/20 Natalie Moser Term: 1/1/21-12/31/24 Dr. Richard Harrison 10/21 Dan Kalmick Term: 1/1/21-12/31/24 Taryn Palumbo 5/17/22 Rhonda Bolton Term: 1/1/21-12/31/24 Elaine Parker 9/3/19 Merged from Library Board Term: 7/1/19-6/30/23 Faith Vogel 4/6/09 Merged from Library Board Term: 7/1/19-6/30/23 Vacant Tony Strickland Vacant Gracey Van Der Mark Vacant Pat Burns Vacant Casey McKeon Mission/Purpose: The mission of the Community and Library Services Commission is to make recommendations to City Council on matters relating to development, acquisition, and renovation of park, beach, libraries, and recreational facilities. Members and Appointments: The Commission includes seven members made by direct appointment of each City Councilmember to a term that coincides with the City Councilmember's term. The commission cooperates with other governmental agencies and civic groups in the advancement of sound parks, recreational planning, and library services under the direction of the City Council. Commissioners study, report and interpret the needs of the public to the City Council, including conducting public meetings to garner community input on projects and facilities. The Commission reviews the annual Capital Improvement Projects budget as presented to the City Council and advises them on the current needs and long-range plans. Meeting Dates and Times: The Commission meets regularly on the second Wednesday of each month at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, CA. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Community and Library Services Department at (714) 536-5486. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach; interested in recreational programming, development of parks and the operation and conduct of City libraries Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 132 DESIGN REVIEW BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Kathie Schey July 2021 N/A Kayla Acosta-Galvan February 2022 N/A Jeffery Dahl July 2019 July 2023 (First Term) Matthew Fertal May 2022 May 2026 (First Term) Lilli Cutler May 2022 May 2026 (First Term) Mission/Purpose: The Design Review Board (DRB) assists the Community Development Director, Zoning Administrator, and Planning Commission in reviewing development plans and architectural drawings within designated geographic areas of the City, makes recommendations and may impose conditions or modifications on projects reviewed. Members and Appointments: The DRB is comprised of five members: one Planning Commission member, one Historic Resources Board member, and three at-large members that are recommended by two Council liaisons, and appointed by a majority of the City Council. At- large members serve four-year terms. Meeting Dates and Times: The DRB meets regularly on the second Thursday of each month at 3:30 P.M. in Room B-8 located at the Lower Level of City Hall. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Community Development Department at (714) 536-5271. Note: Appointments to this board must file California Form 700 - "Statement of Economic Interests." Necessary Requirements: Must be a U.S. citizen, at least 18 years of age, a resident of the City of Huntington Beach; interested in guiding, encouraging and promoting the maintenance of harmonious, compatible, attractive and aesthetic developments within special and unique areas of the City. Members must have training, education or work experience in design-related fields including, but not limited to, architecture, landscaping, art, urban/environmental design and aesthetics. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 133 ENVIRONMENTAL AND SUSTAINABILITY BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Dan Kalmick, Chair December 21, 2021 December 31, 2024 Natalie Moser, Vice-Chair December 21, 2021 December 31, 2024 Bud Benneman October 21, 2019 June 30, 2023 Eric Bornstein September 20, 2022 June 30, 2023 KC Fockler October 21, 2019 June 30, 2023 Kathleen McGowan October 21, 2019 June 30, 2023 Joan Siegal October 21, 2019 June 30, 2023 Oscar Rodriguez (non-voting N/A N/A member from Planning Commission) Mission/Purpose: The Environmental Board has the duty to provide advice and monitor the City’s comprehensive Sustainability Master Plan that incorporates water and energy conservation, recourse recovery/waste management, renewable/recycle products, air quality, mobility and other pertinent issues that affect the overall sustainability, economic, ecological and social environments of Huntington Beach. The Board also performs other duties as may time to time be assigned or delegated to it by the City Council. Members and Appointments: The Board consists of seven voting members including five eligible individuals appointed by the City Council, as well as two City Council Liaisons that shall serve as chair and vice chair of the Board, unless the liaison delegates the position to another board member. The Board also includes one non-voting member who is a representative of the Planning Commission. Meeting Dates and Times: The Board meets regularly on the second Wednesday of every other month at 6:00 pm in Room B-8, Lower Level of City Hall. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536-5202. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach; have a general interest in promoting local efforts that will encourage sustainable practices and environmental preservation. Vacancies: In the event a member retires or is unable to complete his / her term, an appointment shall be made to fill the remainder of the unexpired term. For current vacancies, check out the Notice of Vacancies page. 134 FINANCE COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Appointed By Robert Sternberg 12/14/2020 Dan Kalmick Jamie Craver 12/23/2020 Natalie Moser Janet Michels 09/07/2021 Rhonda Bolton Vacant Tony Strickland Vacant Gracey Van Der Mark Vacant Pat Burns Vacant Casey McKeon Mission/Purpose: The purpose of the Finance Commission is to act in an advisory capacity to the City Council in matters pertaining to financial planning, specifically: •Mid-Year Budget Review & Budget Kickoff •Year End Audit, Single Audit, and new GASB Standards Review •CIP & Infrastructure Calculation Review •Adopted Budget Review •Investment Update & Debt and Refinancing Opportunities •Year-End Review and Celebration Members and Appointments: The Commission includes seven members made by direct appointment of each City Councilmember to a term that coincides with the City Councilmember's term. Meeting Dates and Times: The Finance Commission holds regular meetings on the fourth Wednesday of every other month (6x per year) at 5:00 PM in Meeting Rooms B-7 / B-8 of City Hall. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Finance Department at (714) 536-5630. Note: Appointments to this board must file California Form 700 - "Statement of Economic Interests." Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his / her term, an appointment shall be made to fill the remainder of the unexpired term. For current vacancies, check out the Notice of Vacancies page. 135 FOURTH OF JULY EXECUTIVE BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Allison Stevens May 3, 2022 September 30, 2025 Andi Hamamoto-Kowal March 21, 2011 September 30, 2023 Don Ramsey May 3, 2022 September 30, 2023 Floreal Taboada May 3, 2022 September 30, 2025 Linda Vircks December 15, 2008 September 30, 2023 Lisa Marie Moreo May 3, 2022 September 30, 2023 Pat Love September 30, 2023 Paul Simonds May 3, 2022 September 30, 2025 Ryan Van Tuyl May 3, 2022 September 30, 2025 Mission/Purpose: The Fourth of July Executive Board assists in the production of the Fourth of July Parade and festivities. Members and Appointments: The Board shall consist of nine to fifteen members, recommended for appointment by two City Council liaisons, and approved by a majority of the City Council (terms not applicable). The Executive Board serves as an advisory body to the City Council, implementing policy as set by the City Council, and shall work with staff and volunteers to assist in coordinating the City’s annual Fourth of July parade (fundraising, coordination and presentation of the City's annual Fourth of July Celebration, including a parade, fireworks, 5K run, and related entertainment). Meeting Dates and Times: The board meets monthly on the 1st Wednesday at 6:00 pm year- round, with two meetings in May and weekly or as-needed meetings in June. . All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Community and Library Services Department at (714) 536- 5486. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 136 HARBOR COMMISSION (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration CHRIS NIELSEN 3/16/2020 WILLIAM LARKIN (BILL) 3/4/2019 KIMBERLEY MILLIGAN 3/4/2019 MICHAEL VANVOORHIS (MIKE) 3/4/2019 CRAIG SCHAUPPNER 3/4/2019 VAN VU 1/1/2022 DIANE WOOD 1/1/2022 12/31/2026 12/31/2026 12/31/2026 12/31/2024 12/31/2026 12/31/2024 12/31/2024 Mission/Purpose: To serve in an advisory capacity to the City Council in all matters related to Huntington Beach Harbor, its beaches, facilities, and parks. The Commission advises the City Council about waterway safety, general infrastructure (e.g. seawalls, pier headlines, bulkheads etc.), water quality and Municipal Code amendments. The Harbor Commission also cooperates with other governmental agencies and civic groups for the advancement of the Huntington Harbor and recreational planning under the direction of the City Council. Members and Appointments: The Commission shall consist of seven (7) members, recommended for appointment by two City Council liaisons, and approved by a majority of the City Council. Meeting Dates and Times: The Commission meets on the fourth Thursday of each month at 5:00 p.m. in meeting Room B-8 on the Lower Level of the Civic Center, 2000 Main Street, Huntington Beach, CA. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Fire Department at (714) 536-5411. Staff support is provided by Fire Chief Scott Haberle, Marine Safety Division Chief Eric Dieterman and Senior Administrative Analyst Kevin Justen. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 137 HISTORIC RESOURCES BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Date of Appointment Date of Expiration 7/1/2021 6/30/2025 7/1/2021 6/30/2025 7/1/2019 6/30/2023 7/1/2019 6/30/2023 7/1/2021 6/30/2025 7/1/2019 6/30/2023 Current Appointee Kathie Schey Amory Hanson Susan Nguyen Joe Santiago Duane Wentworth David Wentworth, Sr. Marc Zambrano 7/1/2021 6/30/2025 Mission/Purpose: The purpose of the Historic Resources Board is to encourage and promote programs and activities that enhance public awareness of historic resources. Members and Appointments: The eleven member Board includes eight (8) at-large members, recommended for appointment by two City Council liaisons, and approved by a majority of the City Council. The Board shall serve as an advisory body to City Council, as well as a liaison to Council for local, state and federal groups and agencies whose interest involves historic issues. Meeting Dates and Times: The Board meets as needed on the 3rd Wednesday of each month at 5:00 p.m. in Room B-7 (lower level) of City Hall. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Community and Library Services Department at (714) 960-8836. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach; preferably general interest in local history. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 138 HUMAN RELATIONS COMMITTEE (Resignations Occur; See Notices of Vacancies for Potential Openings) Date of Appointment Date of Expiration 12/18/2017 12/31/2023 3/15/2021 12/31/2023 10/05/2021 12/31/2023 6/07/2022 12/31/2025 10/05/2021 12/31/2025 1/21/2020 12/31/2025 1/21/2020 12/31/2023 1/18/2022 12/31/2025 Current Appointee V.C. Rhone, Chair Debbi Parrott, Vice Chair Jonathan Smith, Secretary Vanessa Chow Elaine Keeley Hemesh Patel Timothy Stuart Iliana Velazquez Kim Kaston 11/29/2022 12/31/2023 Mission/Purpose: The Human Relations Committee’s mission is to inspire and promote mutual understanding, respect, safety, and the wellbeing of all in our community through education and engagement. Members and Appointment: The Committee shall consist of nine (9) members recommended for appointment by two City Council liaisons, and approved by a majority of the City Council. The Committee sponsors community events through the year and serves as a resource to the community in promoting human dignity and cooperation. Meeting Dates and Times: The Human Relations Committee meets monthly on the 2nd Tuesday of each month at 6:45 p.m. at Huntington Beach City Hall, Lower Level Meeting Room B-7. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536-5910. Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of Huntington Beach; interested in promoting cultural diversity and inclusion efforts within the community. Fundraising and public information work experience is beneficial. Vacancies: In the event a member retires or is unable to complete his / her term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 139 INVESTMENT ADVISORY BOARD (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Appointed By Sean Haymann, Chair December 2020 Dan Kalmick Dennis Kelly December 2020 Natalie Moser Monica Erskine March 2022 Rhonda Bolton Vacant Tony Strickland Vacant Gracey Van Der Mark Vacant Pat Burns Vacant Casey McKeon Mission/Purpose: The purpose of the Investment Advisory Board (IAB) is to act in an advisory capacity to the City Treasurer and the City Council in matters pertaining to the financial planning and the City's investments as per Municipal Code Chapter 2.109. Members and Appointments: The IAB currently consists of seven members made by direct appointment of each City Councilmember to a term that coincides with the City Councilmember's term. Meeting Dates and Times: The IAB meets on a quarterly basis (January, April, July, October) on the third Thursday of the month at 6:30 PM in Room B-7 of the Huntington Beach Civic Center. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the City Treasurer’s Office at (714) 536-5553. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 140 JET NOISE COMMISSION (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Jeff Morin, Chair 2/4/2019 12/31/2026 David Porter 2/4/2019 12/31/2026 Keith Bohr 2/4/2019 12/31/2024 Phillip Burtis 2/4/2019 12/31/2024 Michael Bourgeault 2/4/2019 12/31/2026 Christopher Kunze 2/4/2019 12/31/2026 Mario Tabernig 2/4/2019 12/31/2024 Mission/Purpose: The Jet Noise Commission (JNC) was formed to monitor issues related to jet noise from commercial aviation traffic flying over the City, to act as an advisory body to the Council on matters pertaining to jet noise from commercial aviation traffic over the City, and to engage with neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities on the quality of life in Huntington Beach. Members and Appointments: The JNC shall consist of seven at-large members recommended by two Council liaisons, and appointed by a majority of the City Council. Meeting Dates and Times: The JNC holds regular monthly meetings, generally on the fourth Monday at 5:30 PM in B-7 of the lower level of City Hall or via Zoom. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536-5202. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Members shall hold no paid office or employment in the City government while serving on the JNC. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 141 MOBILE HOME ADVISORY BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Tim Geddes, Chair 4/19/2022 August 2024 Eric Silkenson, Chair Elect 5/3/2021 August 2025 Valerie Avilla 4/19/2022 August 2024 Mary Jo Baretich 4/19/2022 August 2024 Carolyne Carey Jo Chase 4/19/2022 August 2024 Chris Houser 7/7/2021 August 2025 Scott Miller 4/19/2022 August 2025 Allison Plum 5/3/2021 August 2025 Vickie Talley 7/21/2021 August 2025 Mission/Purpose: The Mobile Home Advisory Board (MHAB) ensures the quality of life in mobile home parks and to review matters concerning mobile home parks in the City of Huntington Beach, through healthy communication with park owners, manufactured home owners and the City Council. The Board acts in an advisory capacity to the City Council on matters concerning the mobile home community. Members and Appointments: Nine members, three each as follows: Park representatives, Resident/Owner representatives, and citizens at-large who have no affiliation or relationship with mobile home parks. All members are recommended by two Council liaisons and appointed by a majority of the City Council. Meeting Dates and Times: The MHAB meets quarterly at 5:00 p.m. on the 4th Monday of the month in January, April, July, and October at a Civic Center, Lower level B-8 and via Zoom. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536-5910. Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of Huntington Beach, except park representative members. Depending on type of vacant membership position, one has to be a mobilehome owner in the City or park representative. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 142 PERSONNEL COMMISSION (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Cindy Vellucci (Chair) 6/15/2021 6/30/2023 Dianne Thompson (Vice-Chair) 6/15/2021 6/30/2023 George Rivera 6/15/2021 6/30/2023 Katherine Elford 10/4/2022 6/30/2024 Vacancy Mission/Purpose: The primary focus of the Personnel Commission is employee arbitration issues. Members and Appointments: The Personnel Commission consists of five members, each of which are recommended by two Council liaisons and appointed by a majority of the City Council. The members serve a two-year term, and are limited to serve two consecutive terms. No member shall hold any paid office or employment with City during, or for a period of one year after terminating service as a member of the Commission. Meeting Dates and Times: Meetings take place at least quarterly and on an as-needed basis. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the City Manager’s Office at (714) 536-5252. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 143 PLANNING COMMISSION (Term Limits Not Applicable; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Appointed By Kayla Acosta-Galvan January 12, 2021 Kamick Oscar Rodriguez January 12, 2021 Moser Ian Adam October 19, 2021 Bolton VACANT Strickland VACANT Van Der Mark VACANT Burns VACANT McKeon Mission/Purpose: In addition to power and duties specified in the Government Code, the Planning Commission shall have the power and duties to: • Recommend to the City Council after a public hearing thereon, the adoption, amendment or repeal of a master or general plan, or any part thereof, for guidance in the physical development of the City; • Exercise such functions with respect to land subdivisions as shall be provided by the Subdivision Map Act, and by ordinance not inconsistent with the provisions of the Charter; • Exercise such functions with respect to zoning, building, land use, precise plans, specific plans, and related matters which may be prescribed by ordinance not inconsistent with the provisions of the Charter; and • Perform such other functions not inconsistent with the Charter as may be delegated to it by the City Council. Projects typically acted upon by the Planning Commission are major development proposals, tentative tract maps, zoning map amendments, zoning text amendments, general plan amendments, and various similar applications. Members and Appointments: The Planning Commission, a quasi-judicial body that is empowered by State law and the City Council, consists of seven members made by direct appointment of each City Councilmember to a term that coincides with the City Councilmember's term. Appointments to this board must file California Form 700 - "Statement of Economic Interests." Meeting Times and Dates: The Planning Commission meets on the second and fourth Tuesday of each month at 6:00 p.m. in the Council Chambers. Study sessions are frequently held at 5:15 p.m. prior to the meeting in Council Chambers. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Community Development at (714) 536-5276. Necessary Requirements: Must be a U.S. citizen and elector / resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 144 YOUTH BOARD (Resignations Occur; See Notices of Vacancies for Potential Openings) Current Appointee Date of Appointment Date of Expiration Bartel, Acacia 09/07/2021 05/31/2023 Blankenbaker, Luke 07/20/2020 05/31/2023 Nguyen, Faith 09/07/2021 05/31/2023 Osborne, Kenady 07/20/2020 05/31/2023 Parrott, Colin 09/07/2021 05/31/2023 Pham, Olivia 10/04/2022 05/31/2023 Rizvi, Sarah 09/07/2021 05/31/2023 Vo, Adam 09/07/2021 05/31/2023 Wong, Kai 10/04/2022 05/31/2023 Mission/Purpose: The objective of the Huntington Beach Youth Board is to act as a voluntary advisory board to the Huntington Beach City Council regarding youth achievements, problems and needs. The board will represent, involve and promote youth participation in community affairs. Members and Appointments: The Youth Board shall consist of nine (9) members composed in the following manner: One member each representing four Huntington Beach public high schools (Edison, Huntington Beach, Marina and Ocean View), and five members chosen from the community at large. Members at-large are recommended by two Council liaisons and appointed by a majority of the City Council Members of the Youth Board shall be appointed annually in June and shall serve a term of one year. After serving they must be reappointed by the City Council in order to continue serving on the Youth Board. Meeting Dates and Times: The board meets on the second Monday of each month at 3:30 p.m. in the Community & Library Services Department, 5th Floor, 2000 Main Street, Civic Center. All meetings are open to the public, and special meetings may be called in conformance with the Ralph M. Brown Act. Staff support is provided by the Community & Library Services Department at (714) 374-5312. Necessary Requirements: Must be a U.S. citizen and resident of the City of Huntington Beach. Vacancies: In the event a member retires or is unable to complete his term, an appointment shall be made to fill the remainder of the unexpired term. To find out the current vacancies, please visit the Notice of Vacancies webpage. 145 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1017 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Brittany Mello, Administrative Services Director PREPARED BY:Brittany Mello, Administrative Services Director Dahle Bulosan, Chief Financial Officer Subject: Adopt Resolution No. 2022-81 modifying the pay schedule for part-time, non-permanent , and non-classified employees to comport with the State minimum wage increase effective January 1, 2023 Statement of Issue: The State of California minimum wage law will increase to $15.50 per hour effective January 1, 2023. In order for the City to act in accordance with the State minimum wage change, the pay schedule for part-time / hourly / non-permanent and non-classified employees requires modification. Financial Impact: The estimated Fiscal Year 2022/23 impact is $104,047 to address the financial impact associated with State minimum wage and consequent adjustments to the City’s part-time pay schedule. Recommended Action: Adopt Resolution No. 2022-81, “A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2023,” and authorize the City Manager to take all administrative and budgetary actions necessary to implement the revised pay schedule. Alternative Action(s): Do not adopt the Resolution, and direct staff to find an alternative means of complying with the statewide minimum wage requirements. Analysis: The State of California Minimum Wage will increase from $15.00 to $15.50 per hour effective January 1, 2023. The City is required to modify its compensation schedules to comport with the law by the January 1, 2023, implementation date. Those employees currently at a pay range starting below $15.50 per hour will need to be increased to a pay range with a minimum higher than $15.50 per City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™146 File #:22-1017 MEETING DATE:12/20/2022 hour. The part-time pay schedule has been adjusted to assign new ranges on the City’s master salary schedule to comply with the minimum requirements, along with modifications to minimize compaction within the impacted job series. Additionally, unused working titles have been removed, and new working titles have been added to assist with recruitment efforts to meet evolving operational needs. The updated pay schedule for Part-Time, Non-Permanent , and Non-Classified Employees is included as Exhibit A. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2022-81, “A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non-Classified Employees Effective January 1, 2023” 2. 2023 Part-Time Pay Schedule (with Tracked Changes) 3. PowerPoint Presentation City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™147 148 149 150 151 152 153 154 155 City of Huntington Beach HOURLY PAY SCHEDULE FOR PART-TIME, NON-PERMANENT, AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2023 Working Title Pay Range A B C D E F G Ambulance Operator 104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Athletic Field Attendant (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Beach Operations Assistant (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Department Assistant (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Gallery Aide 104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Library Page (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Maintenance Worker Assistant (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Parking Attendant (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Police Cadet 104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Recreation Leader (Entry)104 $15.61 $16.39 $17.21 $18.07 $18.97 $19.92 $20.92 Beach Operations Assistant (Journey)107 $16.08 $16.89 $17.73 $18.62 $19.55 $20.53 $21.55 Department Assistant (Journey)107 $16.08 $16.89 $17.73 $18.62 $19.55 $20.53 $21.55 Maintenance Worker Assistant (Journey)107 $16.08 $16.89 $17.73 $18.62 $19.55 $20.53 $21.55 Parking Attendant (Journey)107 $16.08 $16.89 $17.73 $18.62 $19.55 $20.53 $21.55 Recreation Leader (Journey)107 $16.08 $16.89 $17.73 $18.62 $19.55 $20.53 $21.55 Senior Services Driver 107 $16.08 $16.89 $17.73 $18.62 $19.55 $20.53 $21.55 Athletic Field Attendant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Beach Operations Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 College Intern I 110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Department Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Library Page (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Lifeguard (Entry)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Maintenance Worker Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Parking Attendant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Recreation Leader (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Senior Services Dept Aide (Entry)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 College Intern II 115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Department Services Aide (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Lifeguard (Experienced)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Senior Services Department Aide (Journey)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Water Safety Instructor (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 College Intern III 120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Senior Services Department Aide (Experienced)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Social Worker Assistant 120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Water Safety Instructor (Experienced)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Department Service Aide (Journey)125 $19.24 $20.20 $21.21 $22.27 $23.38 $24.55 $25.78 Program Coordinator 127 $19.62 $20.60 $21.63 $22.72 $23.85 $25.04 $26.30 Homeless Outreach Case Manager (Entry)130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Library Facilities Assistant 130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Traffic Control Officer 130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Fire Dept Trainee 138 $21.89 $22.99 $24.14 $25.34 $26.61 $27.94 $29.34 Department Service Aide (Experienced)139 $22.11 $23.22 $24.38 $25.60 $26.88 $28.22 $29.63 Homeless Outreach Case Manager (Journey)139 $22.11 $23.22 $24.38 $25.60 $26.88 $28.22 $29.63 Homeless Outreach Case Manager (Experienced)145 $23.47 $24.64 $25.88 $27.17 $28.53 $29.95 $31.45 Senior Maintenance Worker Assistant 145 $23.47 $24.64 $25.88 $27.17 $28.53 $29.95 $31.45 156 City of Huntington Beach HOURLY PAY SCHEDULE FOR PART-TIME, NON-PERMANENT, AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2023Working Title Pay Range A B C D E F G Graduate Intern 150 $24.67 $25.90 $27.20 $28.56 $29.99 $31.49 $33.06 Dept Services Specialist (Entry)165 $28.64 $30.07 $31.58 $33.15 $34.81 $36.55 $38.38 Substitute Librarian 170 $30.10 $31.61 $33.19 $34.84 $36.59 $38.42 $40.34 Department Services Specialist (Journey)183 $34.26 $35.97 $37.77 $39.66 $41.64 $43.72 $45.91 Department Services Specialist (Experienced)200 $40.57 $42.60 $44.73 $46.97 $49.32 $51.78 $54.37 Managerial Specialist 230 $54.69 $57.42 $60.29 $63.30 $66.47 $69.79 $73.28 Director Specalist 245 $63.49 $66.66 $70.00 $73.50 $77.17 $81.03 $85.08 157 City of Huntington Beach HOURLY PAY SCHEDULE FOR PART-TIME, NON-PERMANENT, AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2023 Working Title Pay Range A B C D E F G Ambulance Operator 100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Athletic Field Attendant (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Beach Operations Assistant (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Department Assistant (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Gallery Aide 100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Library Page (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Maintenance Worker Assistant (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Parking Attendant (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Police Cadet 100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Recreation Leader (Entry)100 104 $15.00 $15.61 $15.75 $16.39 $16.54 $17.21 $17.36 $18.07 $18.23 $18.97 $19.14 $19.92 $20.10 $20.92 Beach Operations Assistant (Journey)105 107 $15.77 $16.08 $16.55 $16.89 $17.38 $17.73 $18.25 $18.62 $19.16 $19.55 $20.12 $20.53 $21.13 $21.55 Department Assistant (Journey)105 107 $15.77 $16.08 $16.55 $16.89 $17.38 $17.73 $18.25 $18.62 $19.16 $19.55 $20.12 $20.53 $21.13 $21.55 Maintenance Worker Assistant (Journey)105 107 $15.77 $16.08 $16.55 $16.89 $17.38 $17.73 $18.25 $18.62 $19.16 $19.55 $20.12 $20.53 $21.13 $21.55 Parking Attendant (Journey)105 107 $15.77 $16.08 $16.55 $16.89 $17.38 $17.73 $18.25 $18.62 $19.16 $19.55 $20.12 $20.53 $21.13 $21.55 Recreation Leader (Journey)105 107 $15.77 $16.08 $16.55 $16.89 $17.38 $17.73 $18.25 $18.62 $19.16 $19.55 $20.12 $20.53 $21.13 $21.55 Senior Services Driver 105 107 $15.77 $16.08 $16.55 $16.89 $17.38 $17.73 $18.25 $18.62 $19.16 $19.55 $20.12 $20.53 $21.13 $21.55 Athletic Field Attendant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Beach Operations Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 College Intern I 110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Department Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Library Page (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Lifeguard (Entry)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Maintenance Worker Assistant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Parking Attendant (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Recreation Leader (Experienced)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 Senior Services Dept Aide (Entry)110 $16.57 $17.40 $18.27 $19.18 $20.14 $21.15 $22.20 College Intern II 115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Department Services Aide (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Library Services Aide (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 TRACKED CHANGES 158 City of Huntington Beach HOURLY PAY SCHEDULE FOR PART-TIME, NON-PERMANENT, AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2023Working Title Pay Range A B C D E F G Lifeguard (Experienced)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Senior Services Department Aide (Journey)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 Water Safety Instructor (Entry)115 $17.41 $18.29 $19.20 $20.16 $21.17 $22.23 $23.34 College Intern III 120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Library Services Aide (Journey)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Senior Services Department Aide (Experienced)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Social Worker Assistant 120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Water Safety Instructor (Experienced)120 $18.30 $19.22 $20.18 $21.19 $22.25 $23.36 $24.53 Department Service Aide (Journey)125 $19.24 $20.20 $21.21 $22.27 $23.38 $24.55 $25.78 Library Services Aide (Experienced)125 $19.24 $20.20 $21.21 $22.27 $23.38 $24.55 $25.78 Program Coordinator 127 $19.62 $20.60 $21.63 $22.72 $23.85 $25.04 $26.30 Homeless Outreach Case Manager (Entry)130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Library Facilities Assistant 130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Traffic Control Officer 130 $20.22 $21.23 $22.29 $23.40 $24.57 $25.80 $27.09 Fire Dept Trainee 138 $21.89 $22.99 $24.14 $25.34 $26.61 $27.94 $29.34 Department Service Aide (Experienced)139 $22.11 $23.22 $24.38 $25.60 $26.88 $28.22 $29.63 Homeless Outreach Case Manager (Journey)139 $22.11 $23.22 $24.38 $25.60 $26.88 $28.22 $29.63 Homeless Outreach Case Manager (Experienced)145 $23.47 $24.64 $25.88 $27.17 $28.53 $29.95 $31.45 Senior Maintenance Worker Assistant 145 $23.47 $24.64 $25.88 $27.17 $28.53 $29.95 $31.45 Graduate Intern 150 $24.67 $25.90 $27.20 $28.56 $29.99 $31.49 $33.06 Dept Services Specialist (Entry)165 $28.64 $30.07 $31.58 $33.15 $34.81 $36.55 $38.38 Substitute Librarian 170 $30.10 $31.61 $33.19 $34.84 $36.59 $38.42 $40.34 Department Services Specialist (Journey)183 $34.26 $35.97 $37.77 $39.66 $41.64 $43.72 $45.91 Department Services Specialist (Experienced)200 $40.57 $42.60 $44.73 $46.97 $49.32 $51.78 $54.37 Managerial Specialist 230 $54.69 $57.42 $60.29 $63.30 $66.47 $69.79 $73.28 Director Specalist 245 $63.49 $66.66 $70.00 $73.50 $77.17 $81.03 $85.08 TRACKED CHANGES 159 City of Huntington Beach MINIMUM QUALIFICATIONS FOR PART-TIME, NON-PERMANENT, AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2023 Working Title Minimum Qualifications Beach Operations Assistant (Entry) Library Page (Entry) Lifeguard (Entry) Recreation Leader (Entry) Library Page (Experienced) Maintenance Worker Assistant (Entry) Parking Attendant (Entry) Lifeguard (Experienced) Recreation Leader (Journey) Water Seafety Instructor (Entry) Maintenance Worker Assistant (Journey) Parking Attendant (Journey) Recreation Leader (Experienced) Beach Operations Assistant (Journey) College Intern II Department Assistant (Entry) Maintenance Worker Assistant (Experienced) Parking Attendant (Experienced) Police Cadet College Intern III Current enrollment in college with junior or senior-level standing Beach Operations Assistant (Experienced) Department Assistant (Journey) Athletic Field Attendant (Entry) Department Assistant (Experienced) Graduate Intern Senior Services Driver Athletic Field Attendant (Experienced)3 or more years related experience with demonstrated technical skills Department Services Aide (Entry) Library Services Aide (Security) Senior Services Department Aide (Entry, Journey) Water Seafety Instructor (Experienced) Department Service Aide (Journey) Senior Services Department Aide (Experienced) Social Worker Assistant Homeless Outreach Case Manager (Entry) Library Facilities Assistant Program Coordinator Traffic Control Officer Department Service Aide (Experienced) Fire Department Trainee Homeless Outreach Case Manager (Journey/Experienced) Senior Maintenance Worker Assistant Substitute Librarian Department Services Specialist (Entry) Department Services Specialist (Journey) Department Services Specialist (Experienced) Managerial Specialist A Bachelor's Degree with directly-related supervisory or management level experience Director Specialist A Bachelor's Degree with directly-related director level experience At least 2 years related, skilled experience plus related education and/or training Education, training or experience equivalent to 3 years related experience with demonstrated office or technical skills, Graduate Intern requires graduate status in an accredited college or university 3 years directly-related experience with demonstrated technical skills 3 years directly-related experience with demonstrated technical skills, Fire Department Trainee requires enrollment in accredited CA Paramedic Program or the Huntington Beach Fire Academy - Position is exempt from years of experience requirement A Bachelor's Degree with directly-related professional level experience Some college or vocational education or equivalent work experience required, College Intern II requires current enrollment in college level courses Some High School and previous experience or related training required High School graduation or equivalent and previous on the job training required College Intern I Gallery Aide High School graduation or equivalent and previous on the job training required or certifications, College intern requires current enrollment in college level courses 160 City of Huntington Beach MINIMUM QUALIFICATIONS FOR PART-TIME, NON-PERMANENT, AND NON-CLASSIFIED EMPLOYEES EFFECTIVE 1/1/2023 Working Title Minimum Qualifications Beach Operations Assistant (Entry) Library Page (Entry) Lifeguard (Entry) Recreation Leader (Entry) Library Page (Experienced) Maintenance Worker Assistant (Entry) Parking Attendant (Entry) Lifeguard (Experienced) Recreation Leader (Journey) Water Seafety Instructor (Entry) Maintenance Worker Assistant (Journey) Parking Attendant (Journey) Recreation Leader (Experienced) Beach Operations Assistant (Journey) College Intern II Department Assistant (Entry) Maintenance Worker Assistant (Experienced) Parking Attendant (Experienced) Police Cadet College Intern III Current enrollment in college with junior or senior-level standing Beach Operations Assistant (Experienced) Department Assistant (Journey) Athletic Field Attendant (Entry) Department Assistant (Experienced) Graduate Intern Senior Services Driver Athletic Field Attendant (Experienced)3 or more years related experience with demonstrated technical skills Department Services Aide (Entry) Library Services Aide (Entry) Library Services Aide (Security) Senior Services Department Aide (Entry, Journey) Water Seafety Instructor (Experienced) Department Service Aide (Journey) Library Services Aide (Experienced) Senior Services Department Aide (Experienced) Social Worker Assistant Homeless Outreach Case Manager (Entry) Library Facilities Assistant Program Coordinator Traffic Control Officer Department Service Aide (Experienced) Fire Department Trainee Homeless Outreach Case Manager (Journey/Experienced) Senior Maintenance Worker Assistant Substitute Librarian Department Services Specialist (Entry) Department Services Specialist (Journey) Department Services Specialist (Experienced) Managerial Specialist A Bachelor's Degree with directly-related supervisory or management level experience Director Specialist A Bachelor's Degree with directly-related director level experience A Bachelor's Degree with directly-related professional level experience Some High School and previous experience or related training required High School graduation or equivalent and previous on the job training required At least 2 years related, skilled experience plus related education and/or training Education, training or experience equivalent to 3 years related experience with demonstrated office or technical skills, Graduate Intern requires graduate status in an accredited college or university 3 years directly-related experience with demonstrated technical skills High School graduation or equivalent and previous on the job training required or certifications, College intern requires current enrollment in college level courses Some college or vocational education or equivalent work experience required, College Intern II requires current enrollment in college level courses 3 years directly-related experience with demonstrated technical skills, Fire Department Trainee requires enrollment in accredited CA Paramedic Program or the Huntington Beach Fire Academy - Position is exempt from years of experience requirement College Intern I Gallery Aide TRACKED CHANGES 161 Modifications to the Part-Time Pay Schedule to Comport with State Minimum Wage Increase City Council Meeting December 20, 2022 162 Background •The State of California minimum wage law will increase to $15.50 per hour effective January 1, 2023 •In order for the City to act in accordance with the State minimum wage change, the pay schedule for part-time / hourly / non-permanent and non-classified employees must be modified 163 Part-Time Pay Schedule •Those employees currently at a pay range starting below $15.50 per hour will be placed on a pay range with a minimum higher than $15.50 per hour •The pay schedule has been adjusted to assign new ranges on the City’s master salary schedule, along with modifications to minimize compaction •Unused working titles have been removed and new working titles have been added to meet evolving operational needs •The estimated Fiscal Year 2022/23 impact is $104,047 164 Staff Recommendation •Adopt Resolution No. 2022-81, “A Resolution of the City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent and Non- Classified Employees Effective January 1, 2023,” and authorize the City Manager to take all administrative and budgetary actions necessary to implement the revised pay schedule 165 Questions? 166 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-755 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ursula Luna-Reynosa, Director of Community Development PREPARED BY:Ricky Ramos, Principal Planner Subject: Approve Final Tract Map No. 19136, accept bonds, and authorize execution of a Subdivision Agreement for the Gisler Residential subdivision by Lennar Homes of California, LLC at 21141 Strathmoor Lane Statement of Issue: Presented for your consideration is Final Tract Map No. 19136 for the Gisler Residential subdivision by Lennar Homes of California, LLC at 21141 Strathmoor Lane (west side, south of Bluefield Drive). This map subdivides an approximately 13.6 net acre site into 85 single-family residential numbered lots and 15 lettered lots for private streets, open space, and landscaping. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 19136 and accept the offer of dedications pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Lennar Homes of California, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond Nos. US00121914SU22A and US00121915SU22A, Labor and Material Bond Nos. US00121914SU22A and US00121915SU22A, and Monument Bond No. US00121913SU22A as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation and Gisler Park improvements; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, XL Specialty Insurance Company, of this action. Analysis: City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™167 File #:22-755 MEETING DATE:12/20/2022 A.PROJECT PROPOSAL Applicant: Dan Hosseinzadeh, Lennar, 2000 FivePoint, 3rd Floor, Irvine, CA 92618 Property Owner: Lennar Homes of California, LLC, 2000 FivePoint, 3rd Floor, Irvine, CA 92618 Surveyor: Kurt R. Troxell, Fuscoe Engineering, 16795 Von Karman, Suite 100, Irvine, CA 92606 Surety: XL Specialty Insurance Company Location: 21141 Stathmoor Lane (west side, south of Bluefield Drive) General Plan: RL (Residential Low Density) Zoning: RL (Residential Low Density) No. of Acres: 13.6 net No. of Numbered Lots: 85 No. of Lettered Lots: 15 No. of Units: 85 B.BACKGROUND On September 28, 2021 the Planning Commission approved Tentative Tract Map (TTM) No. 19136 to subdivide approximately 13.6 net acres into 85 numbered lots and 15 lettered lots for the development of 85 single family residences. The Planning Commission also approved Conditional Use Permit No. 20-024 and recommended approval to the City Council of General Plan Amendment No. 20-002, Zoning Map Amendment No. 20-002, and Mitigated Negative Declaration No. 20-002 as part of the proposed project. A motion was made by Mandic, seconded by Perkins, to approve TTM No. 19136 with findings and conditions carried by the following vote: AYES: Acosta-Galvan, Mandic, Perkins, Scandura, Rodriguez NOES: Ray ABSTAIN: ABSENT: City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™168 File #:22-755 MEETING DATE:12/20/2022 C.RECOMMENDATION The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission. The conditions require certain dedications to the City for various purposes such as streets, public sidewalk, public utilities, police/fire access, and water quality inspection. Also presented for City Council approval and execution are the required Subdivision Agreement (between the City and Lennar Homes of California, LLC) and bonds pursuant to the Zoning and Subdivision Ordinance and Subdivision Map Act in order for the map to record prior to the required public improvements being completed. Environmental Status: The action to accept Final Tract Map No. 19136, the Subdivision Agreement, and bonds is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map No. 19136 4. Planning Commission Notice of Action for Tentative Tract Map No. 19136 5. Tentative Tract Map No. 19136 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™169 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 19136 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Zoning and Subdivision Ordinance, and Tentative Tract Map No. 19136 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept dedication in fee to City for street and public utility purposes for Strathmoor and Bluefield. 2. Accept easement dedication to City for public utility and public sidewalk purposes along Strathmoor and Bluefield. 3. Accept easement dedication to City for Police and Fire Department access purposes on the private streets and private drive within tract. 4. Accept easement dedication to City for access and inspection of water quality treatment devices on the private streets and Lot “A” within tract. 5. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 170 VICINITY MAP Gisler Residential Garfield. 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 GISLER PARKSTRATHMOOR LN BLUEFIELD DRCOCOBANA LN EFFINGHAM DR787977 80768175827483738472857170123456789101112131415585957605661556254635364526551665067496848693738394041424344454647363534333231302928272625242322212019181716LOTALOT B'A' STREET'E' STREET'B' STREET 'D' STREET 'C' STREETLOT ELOT DLOT CLOT GLOT FLOT HLOT ILOT JLOT KLOT MLOT LGINSLER PARKPARKING LOT(CITY OF HUNTINGTONBEACH)LOT OLOT NLOT MAPARALLEL PARKING BOTH SIDESEXIST. BLUEFIELD DR.1PARALLEL PARKING BOTH SIDESEXIST. STRATHMOOR LN B1CPARALLEL PARKING BOTH SIDESPRIVATE STREET1LOT LDPARALLEL PARKING BOTH SIDESPRIVATE STREET1LOT FLOT GEPARALLEL PARKING ONE SIDEPRIVATE STREET1FTRANSITION FROM 40' TO 28'PRIVATE STREET1www.fuscoe.comtel 949.474.1960 fax 949.474.5315Irvine, California 9260616795 Von Karman, Suite 100N G IEN E E R I N GTENTATIVE TRACT NO. 19136190 78797780768175827483738472857170123456789101112131415585957605661556254635364526551665067496848693738394041424344454647363534333231302928272625242322212019181716LOTALOT BGISLER PARKSTRATHMOOR LN BLUEFIELD DRCOCOBANA LN EFFINGHAM DRLOT GLOT FLOT HLOT ILOT JLOT KLOT MLOT LLOT CLOT DLOT ELOT NLOT OGISLER PARKPARKING LOT(CITY OF HUNTINGTON BEACH)PANACEADRBLACKFINCIRVOLANTEDRINFERNOLNRED JACKETCIR INDIGO CIR www.fuscoe.comtel 949.474.1960 fax 949.474.5315Irvine, California 9260616795 Von Karman, Suite 100N G IEN E E R I N G191 www.fuscoe.comtel 949.474.1960 fax 949.474.5315Irvine, California 9260616795 Von Karman, Suite 100N G IEN E E R I N G192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1031 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ursula Luna-Reynosa, Director of Community Development PREPARED BY:Tess Nguyen, Associate Planner Subject: Approve Final Tract Map No. 18079, accept Bonds, and authorize execution of a Subdivision Agreement for the Georgia Townhomes Subdivision by Hilltop Townhomes LLC at 910 Georgia Street Statement of Issue: Presented for your consideration is Final Tract Map No. 18079 for the Georgia Townhomes Residential Subdivision by Hilltop Townhomes LLC at 910 Georgia Street (east side of Georgia Street, between Joliet Avenue and Indianapolis Avenue). This map subdivides an approximately 0.80 acre parcel into one numbered lot for the construction of ten condominium units. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 18079 and accept the offer of easement pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Hilltop Townhomes LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 4459427, Labor and Material Bond No. 4459427, and Monument Bond No. 4459428 as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Markel Insurance Company of this action. Analysis: City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™237 File #:22-1031 MEETING DATE:12/20/2022 A.PROJECT PROPOSAL Applicant: Justin Jarjour, 815 Indianapolis Avenue, Huntington Beach CA 92648 Property Owner: Nabil Jarjour, 22181 Wood Island Avenue, Huntington Beach CA 92648 Surveyor: Daniel Rubio, Jones, Cahl & Associates, 18090 Beach Boulevard, Suite 12, Huntington Beach CA 92648 Surety: Markel Insurance Company, Attn: Amanda Garcia (c/o CT Corporation System), 330 N. Brand Boulevard, Suite 700, Glendale CA 91203 Location: 910 Georgia Street (east side of Georgia Street, between Joliet Avenue and Indianapolis Avenue) General Plan: RMH (Residential Medium High Density) Zone: RMH (Residential Medium High Density) No. of Acres: 0.80 No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 18 B.BACKGROUND On January 26, 2021, the Planning Commission approved Tentative Tract Map No. 18079 to subdivide approximately 0.80 acre into one numbered lot for condominium purposes. A motion was made by Scandura, seconded by Perkins, to approve Tentative Tract Map No. 18079 with findings and conditions of approval, carried by the following vote: AYES: Rodriguez, Acosta-Galvan, Perkins, Ray, Scandura, Van Der Mark NOES: None ABSTAIN: None ABSENT: Mandic Motion Approved C.RECOMMENDATION The final map has been examined and certified by the City Engineer as being in substantial City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™238 File #:22-1031 MEETING DATE:12/20/2022 The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission on January 26, 2021. The conditions require certain easements benefit to the City for various public purposes such as street and public utility, police and fire access, and access and inspection. Also presented for the City Council approval and execution are the required Subdivision Agreement (between the City and Hilltop Townhomes LLC) and Bonds, pursuant to the City’s Zoning and Subdivision Ordinance and the State’s Subdivision Map Act. Environmental Status: The actions to accept Final Tract Map No. 18079 and the respective Subdivision Agreement with Bonds is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map No. 18079 4. Planning Commission Notice of Action for Tentative Tract Map No. 18079 with Findings and Conditions of Approval 5. Tentative Tract Map No. 18079 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™239 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 18079 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 18079 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedication for street and public utility purposes over Georgia Street and Joliet Avenue. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 240 VICINITY MAP TENTATIVE TRACT MAP NO. 18079 AND CONDITIONAL USE PERMIT NO. 18-032 (GEORGIA TOWNHOMES – 910 GEORGIA STREET) Joliet Avenue Beach Boulevard Indianapolis Avenue Georgia Street Project Site 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1037 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ursula Luna-Reynosa, Director of Community Development PREPARED BY:Ricky Ramos, Principal Planner Subject: Approve Final Tract Map No. 19157, accept bonds, and authorize execution of a Subdivision Agreement for the Olson Townhomes subdivision by Olson Urban V-Huntington Beach 4, LLC at 8371 to 8461 Talbert Avenue Statement of Issue: Presented for your consideration is Final Tract Map No. 19157 for the Olson Townhomes subdivision by Olson Urban V-Huntington Beach 4, LLC at 8371 to 8461 Talbert Avenue (north side, west of Newland Street). This map subdivides an approximately 2.065 net acre site into a 1 lot condominium for the construction of 34 townhomes. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 19157 and accept the offer of easement pursuant to findings and requirements (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Olson Urban V-Huntington Beach 4, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. PB03010409024, Labor and Material Bond No. PB03010409024, and Monument Bond No. PB03010409039 as sureties (Attachment No. 7) for the installation of the subdivision’s required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, Philadelphia Indemnity Insurance Company, of this action. City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™293 File #:22-1037 MEETING DATE:12/20/2022 Analysis: A.PROJECT PROPOSAL Applicant: John Reekstin, The Olson Company, 3010 Old Ranch Parkway, Suite 100, Seal Beach, CA 90704 Property Owner: Olson Urban V-Huntington Beach 4, LLC, 3010 Old Ranch Parkway, Suite 100, Seal Beach, CA 90704 Surveyor: Jeffery L. Mays, Advanced Civil Group, Inc., 30251 Golden Lantern, Suite E, PMB 251, Laguna Niguel, CA 92677 Surety: Philadelphia Indemnity Insurance Company Location: 8371-8461 Talbert Avenue (north side, west of Newland Street) General Plan: RM (Residential Medium Density) Zoning: RM (Residential Medium Density) No. of Acres: 2.065 net No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 34 B.BACKGROUND On May 10, 2022,the Planning Commission approved Tentative Tract Map (TTM) No. 19157 to subdivide approximately 2.065 net acres into a one-lot condominium for the development of 34 townhomes. A motion was made by Scandura, seconded by Acosta-Galvan, to approve TTM No. 19157 with findings and conditions carried by the following vote: AYES: Adam, Mandic, Acosta-Galvan, Perkins, Scandura, Rodriguez, Ray NOES: ABSTAIN: City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™294 File #:22-1037 MEETING DATE:12/20/2022 ABSENT: C.RECOMMENDATION The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission. The conditions require certain easements benefit the City for various purposes such as public utilities, police/fire access, and water quality facilities inspection. Also presented for City Council approval and execution are the required Subdivision Agreement (between the City and Olson Urban V-Huntington Beach 4, LLC) and bonds pursuant to the Zoning and Subdivision Ordinance and Subdivision Map Act in order for the map to record prior to the required public improvements being completed. Environmental Status: The action to accept Final Tract Map No. 19157, the Subdivision Agreement, and bonds is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map No. 19157 4. Planning Commission Notice of Action for Tentative Tract Map No. 19157 5. Tentative Tract Map No. 19157 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™295 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 19157 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Zoning and Subdivision Ordinance, and Tentative Tract Map No. 19157 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedications for public utilities, police/fire access, and water quality facilities inspection. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 296 PROJECT SITE VICINITY MAP Olson Townhomes Garfield. Brookhurst 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 MDSSDWRWOHESDFWS1G:\My Drive\ACG\Projects\106804\CAD\MST\106804-TTM.dwg, 3/21/2022 3:15:31 PM318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1119 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL / HOUSING AUTHORITY ACTION SUBMITTED TO:Honorable Mayor and City Council Members/Chair and Board Members SUBMITTED BY:Al Zelilnka, City Manager/Executive Director VIA:Ursula Luna-Reynosa, Director of Community Development PREPARED BY:Steve Holtz, Deputy Director of Community Development Jason Austin, Deputy Director of Homeless and Behavioral Health Services Subject: Authorize the Executive Director to Sign a Letter of Support for a Jamboree Housing Corporation application for grant funds from the California Departments of Health Care Services and Social Services through the Behavior Health Continuum Infrastructure and the Community Care Expansion Programs Statement of Issue: This Council action requests authorization for staff to submit letters of support (Attachments 1 and 2) for Jamboree Housing Corporation’s (the “Developer”) applications to apply for Twenty Million Dollars ($20,000,000) to the Behavioral Health Continuum Infrastructure Program (BHCIP) and Twenty Million Dollars ($20,000,000) to the Community Care Expansion Program (CCE). Financial Impact: There is no current financial impact associated with this request. If staff and the Developer agree to terms of an Affordable Housing Agreement, staff will return to the Housing Authority for consideration of such agreement which may include conveyance of two adjacent parcels located at 17642 Beach Boulevard (the “Property”) at that time. Recommended Action: Authorize and direct the Executive Director to sign letters of support (Attachments 1 and 2) to support the grant application the California Departments of Health Care Services and Social Services through the Behavior Health Continuum Infrastructure and the Community Care Expansion Programs. Alternative Action(s): Do not approve the recommended action. Analysis: Background City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™352 File #:22-1119 MEETING DATE:12/20/2022 The Huntington Beach Housing Authority (the “Housing Authority” was established in 2011 per Health & Safety Code Sections 34200 et. seq. for the purpose of increasing the supply of safe and sanitary dwelling accommodations in the City available to persons of low income at rents they can afford. In 2019 and 2020, the Housing Authority acquired the 1.6 acre Property to facilitate a future affordable housing project. Since acquisition, the Property has been improved with a temporary homeless shelter (the “Navigation Center”). On March 22, 2022 a Request for Qualifications (“RFQ”) was issued soliciting qualification statements to identify development partners to build, finance, and manage a new mixed-use development consisting of a homeless shelter, a sobering center, support services (physical and behavioral healthcare, housing navigation and employment), and transitional and affordable housing at various income levels (the “Project”). The Developer submitted a qualification statement that demonstrated strong partnerships, experience and financial capacity. On June 7, 2022 the City Council authorized the Executive Director to execute an Exclusive Negotiating Agreement (the “Agreement”) with the Developer. The Agreement provides 360 days during which the Developer may perform studies and investigations and other due diligence activities on the Property and other analyses to determine the feasibility of Developer’s acquisition of the Property. The Agreement further provides that the City and Developer shall exclusively negotiate with each other in an attempt to agree on the terms of an affordable housing agreement, including a fee-simple acquisition, ground lease, or other disposition of the Property. The Developer is actively exploring funding sources and financing options. It is anticipated that a number of funding sources will be required to complete the project. The California Department of Health Care Services (DHCS) and the California Department of Social Services (CDSS) have launched two new programs intended to expand the infrastructure and address gaps in the behavioral health and services systems for people with behavioral health needs. Behavioral Health Continuum Infrastructure Program (BHCIP) In 2021, DHCS was authorized to establish BHCIP and release six grant rounds targeting various gaps in the state’s behavioral health facility infrastructure. The Funding Rounds included: Round 1: Mobile Crisis for $205 Million Round 2: County and Tribal Planning Grants for $16 Million Round 3: Launch Ready Programs for $518.5 Million Round 4: Children & Youth Programs for $480.5 Million Round 5: Behavioral Health Needs Assessment Phase One for $480 Million Round 6: Behavioral Health Needs Assessment Phase Two for $480 Million The purpose of Round 5: Crisis and Behavioral Health Continuum is to address significant crisis care gaps in California’s behavioral health (mental health and substance use disorder) infrastructure, with consideration for funding priority to those that provide crisis services to individuals in need. This round will provide funding for crisis and behavioral health infrastructure to serve vulnerable Californians of all ages, including those who are Medi-Cal beneficiaries. Applications will be accepted for projects will expand service capacity.. City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™353 File #:22-1119 MEETING DATE:12/20/2022 Community Care Expansion Program (CCE) The CCE program was established by Assembly Bill No. 172 (Chapter 20, Statutes of 2021) and will provide $805 Million in funding for acquisition, construction and rehabilitation projects to preserve and expand adult and senior care facilities that serve those who are experiencing homelessness or are at risk of homelessness. Approximately 75 percent of funds will be made available for capital expansion projects including acquisition, construction and rehabilitation of residential care settings; with approval granted to use a portion of these funds to establish a capitalized operating subsidy reserve (COSR) for these projects for use up to five years. The additional 25 percent of the funds will be made available for rehabilitation to preserve settings that serve the target and prioritized populations. Counties, cities, tribal entities, nonprofit organizations, for profit organizations, and private organizations are eligible to apply for this funding with the understanding that proposed projects need to expand community capacity for serving the target and prioritized populations including Medi-Cal beneficiaries. The Developer has approached Housing Authority staff with a proposal to submit an application for up to $20,000,000 (Twenty Million) from the BHCIP program and $20,000,000 (Twenty Million) from the CCE program. The funds would be used towards the construction of the Project. The due date for the BHCIP application is January 17, 2023 with award announcements in Spring 2023 and the CCE has a rolling application date. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. If negotiations are successful an Affordable Housing Agreement will be brought forward for the Housing Authority’s consideration and an environmental assessment will be conducted at that time. Strategic Plan Goal: Homelessness Response Attachment(s): 1. Attachment 1 - Letter of Support for Behavioral Health Continuum Infrastructure Program Grant Funding 2. Attachment 2 - Letter of Support for Community Care Expansion Program Grant Funding City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™354 December 20, 2022 Mark Faucette BHCIP Program Director California Department of Health Care Services BHCIP Round 5: Crisis and Behavioral Health Continuum RE: Letter of Support for Jamboree Housing Corporation BHCIP Round 5: Crisis and Behavioral Health Continuum Huntington Beach Healing Center 17642 Beach Blvd, Huntington Beach, CA 92647 To Whom it May Concern: On behalf of the Housing Authority of the City of Huntington Beach, we are pleased to support Jamboree’s application to the California Department of Health Care Services for Behavioral Health Continuum Infrastructure Program, Round 5: Crisis and Behavioral Health Continuum for the development referenced above. The Housing Authority recognizes that this project will provide a crucial space to engage unhoused individuals and create a path from homelessness to housing. At the same time, the project will assist in addressing the barriers that have prevented housing in the past. Jamboree Housing Corporation is a nonprofit housing developer with extensive experience constructing, renovating, financing, operating, and providing meaningful supportive services for all types of affordable and supportive housing communities throughout California. Thank you for the opportunity to document our commitment to the Jamboree application. If you have any questions, please feel free to contact Jason Austin, Director of Homelessness and Behavioral Health at Jason.Austin@surfcity-hb.org or by phone at 714-374-1704. Sincerely, Al Zelinka Executive Director 355 December 20, 2022 Mark Faucette BHCIP & CCE Program Director Advocates for Human Potential, Inc. Community Care Expansion Program RE: Letter of Support for Jamboree Housing Corporation CDSS Community Care Expansion Program Huntington Beach Healing Center 17642 Beach Blvd, Huntington Beach, CA 92647 To Whom it May Concern: On behalf of the Housing Authority of the City of Huntington Beach, we are pleased to support Jamboree’s application to the California Department of Social Services for the Community Care Expansion Program for the development referenced above. The Housing Authority recognizes that this project will provide a crucial space to engage unhoused individuals and create a path from homelessness to housing. At the same time, the project will assist in addressing the barriers that have prevented housing in the past. Jamboree Housing Corporation is a nonprofit housing developer with extensive experience constructing, renovating, financing, operating, and providing meaningful supportive services for all types of affordable and supportive housing communities throughout California. Thank you for the opportunity to document our commitment to the Jamboree application. If you have any questions, please feel free to contact Jason Austin, Director of Homelessness and Behavioral Health at Jason.Austin@surfcity-hb.org or by phone at 714-374-1704. Sincerely, Al Zelinka Executive Director 356 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1063 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Dahle Bulosan, Chief Financial Officer PREPARED BY:Serena Bubenheim, Finance Manager - Budget Subject: Adopt Resolution No. 2022-80 accepting and approving the Development Impact Fee (DIF) Report for Fiscal Year 2021-22 and to make findings as required by Government Code Sections 66006 and 66001 Statement of Issue: Pursuant to the Mitigation Fee Act, (California Government Code Sections 66001 through 66009 the City Council established certain Development Impact Fees (DIFs) that must be paid by developers of property to help offset some (or all) the cost of public facilities related to the development project. The DIFs are for Parkland Acquisition and Park Facilities, Police Facilities, Fire Facilities, and Library; additionally, there are three Public Works facilities improvement fees - Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation program. The Mitigation Fee Act requires the City Council approve an annual report that provides information about the DIFs. These fees are required to be deposited into their own separate accounts or funds. The law also requires that certain findings be made in association with accumulated DIF’s after the deposit into their respective account or fund. Financial Impact: Not applicable Recommended Action: Accept and approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2022 and Adopt Resolution No. 2022-80, “A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2022 and to Make the Findings as Required by Government Code Sections 66006(b) and 66001(d).” Alternative Action(s): Do not approve the recommendation and direct staff accordingly. City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™357 File #:22-1063 MEETING DATE:12/20/2022 Analysis: Reporting requirements under California Government Code 66006 specify that the City must prepare annual reports of Development Impact Fees within 180 days of the close of the fiscal year. The reports must describe the fee, the amount of the fees collected, interest earned, and identification of any expenditures from those funds. The code also specifies that reports must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days following release to the public. The Fiscal Year (FY) 2021-22 Development Impact Fee Annual Report was released for public review on December 2, 2022 (Attachment 1). The FY 2021-22 Development Impact Fee Annual Report for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Parkland Acquisition and Park, Police Facilities, and Fire Facilities and Library Development Impact Fees is attached for your review and approval (Attachment 2). A summary of the fees collected and expenditures incurred in FY 2021-22 are included in the Financial Summary Report section. As these funds are collected and their corresponding fund balance grows, the restricted funds may be used on projects identified in the City’s General Plan, the Master Facilities Plan, or City Council approved development projects. Use of the funds for the Traffic Impact, Sanitary Sewer and Planned Local Drainage fees is restricted to making system improvements as outlined in the respective master plans for each of the funds. Information contained in the reports conforms to the requirements of the Huntington Beach Municipal Code regarding revenues and expenditures in each fund. Pursuant to the Mitigation Fee Act, a resolution has been prepared to make the required findings associated with any funds that may remain uncommitted. That resolution is attached to this Staff Report and it is requested that the City Council consider adopting the resolution. Environmental Status: Not applicable Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Memo to City Council dated December 2, 2022 2. Resolution No. 2022-80, “A Resolution of the City Council of the City of Huntington Beach to Accept and Approve the Development Impact Fee Report for Fiscal Year Ending June 30, 2022 and to Make the Findings as Required by Government Code Section 66006(b) and 66001(d)” including Exhibit A, “Development Impact Fee Report” City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™358 CITY OF HUNTINGTON B EACH INTER -DEPARTMENTAL COMMUNI CATION FINANCE DEPARTMENT TO: Honorable Mayor and City Council Members FROM: Dahle Bulosan, Chief Financial Officer DATE: December 2, 2022 SUBJECT: Release of Fiscal Year 2021-22 Development Impact Fee Annual Report for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Program), Library, Parkland Acquisition and Park, Police, and Fire Facilities Development Impact Fees Reporting requirements under California Government Code 66006 specify that the City must prepare an annual report of Development Impact Fees within 180 days of the close of the fiscal year. Additionally, the Code requires that the report be available for public review not less than 15 days prior to being reviewed at a public meeting of the City Council. The Fiscal Year 2021-22 annual reports for Public Works (Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Fee Program), Library, Parkland Acquisition and Park, Police and Fire Facilities Development Impact Fees are included in the attached Development Impact Fee Report for the Fiscal Year Ended June 30, 2022 for your preliminary review. They will be officially transmitted for approval at the December 20, 2022 City Council Meeting. By way of this transmittal, I am releasing the reports for public review. The reports will be available on the City’s website at the following link: https://huntingtonbeachca.gov/government/transparency/files/DIF-FY- 2021-22-Annual-Report.pdf. 359 360 361 362 363 364 Development Impact Fiscal Year End June 30, 2022 City of Huntington Beach Fee Report 365 366 City of Huntington Beach Development Impact Fee Report Fiscal Year Ended June 30, 2022 Submitted by Dahle Bulosan, Chief Financial Officer 367 Intentionally Left Blank 368 Table of Contents i City Council Directory ................................................................................................. I City Officials Directory ................................................................................................. III Transmittal Letter ............................................................................................................. 1 Introduction Legal Requirements for Development Impact Fee Reporting ...................................... 3 Description of Development Impact Fees .................................................................... 5 Development Impact Fee Master Fee Schedule .......................................................... 9 Development Impact Fee Report Statement of Revenues, Expenditures and Changes in Fund Balance Summary ....... 11 Financial Summary Report Parkland Acquisition and Park Facilities Development Impact Fee ............................ 13 Police Facilities Development Impact Fee ................................................................... 17 Fire Facilities Development Impact Fee ....................................................................... 19 Library Development Impact Fee ................................................................................. 21 Planned Local Drainage Facilities Fund ...................................................................... 23 Sanitary Sewer Facilities Fund .................................................................................... 25 Fair Share Traffic Impact Mitigation Fee Program ....................................................... 27 Development Impact Fee Project Identification CIP ............................................................................................................................... 29 Council Action Request for Council Action December 17, 2018 .......................................................... 33 Resolution 2018-85 Amending Development Impact Fee Schedule to Include ADU .. 38 Development Impact Fee on Accessory Dwelling Units (ADU) .................................... 48 Request for Council Action May 7, 2012 ...................................................................... 56 Resolution 2012-23 Development Impact Fee Calculation and Nexus Report ............ 65 Ordinance 3942 – Police Facilities Development Impact Fee ...................................... 92 Ordinance 3943 – Fire Facilities Development Impact Fee ......................................... 103 Ordinance 3944 – Fair Share Traffic Impact Mitigation Fee Program .......................... 114 Ordinance 3945 – Library Development Impact Fee ................................................... 130 Ordinance 3946 – Parkland Acquisition & Park Facilities Development Impact Fee ... 140 Ordinance 3947 – General Provisions for Development Impact Fees ......................... 151 Comparison of Current vs. Proposed Development Impact Fees ................................ 159 Master Facilities Plan .................................................................................................. 163 Development Impact Fee Calculation & Nexus Report ................................................ 259 369 ii Intentionally Left Blank 370 City Council Directory I Barbara Delgleize Mayor Mayor Mike Posey Mayor Pro Tem Natalie Moser Council Member Kim Carr Council Member Erik Peterson Council Member Rhonda Bolton Council Member Dan Kalmick Council Member 371 II Intentionally Left Blank 372 City Official Directory III Elected Officials City Attorney ............................................................................ Michael Gates City Clerk ................................................................................. Robin Estanislau City Treasurer .......................................................................... Alisa Backstrom City Manager’s Office City Manager ............................................................................ Al Zelinka Assistant City Manager ............................................................ Travis Hopkins Department Directors Administrative Services ........................................................... Brittany Mello Community Development ........................................................ Ursula Luna-Reynosa Community & Library Services ................................................. Chris Slama Finance .................................................................................... Dahle Bulosan Fire ........................................................................................... Scott Haberle Police ....................................................................................... Eric Parra Public Works ............................................................................ Sean Crumby 373 IV Intentionally Left Blank 374 CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 FINANCE DEPARTMENT December 20, 2022 Dear Mayor and Members of the City Council: The City Council approved the establishment of Development Impact Fees through the enactment of Government Code Sections 66001 through 66009. Four ordinances have been adopted establishing development impact fees for Parkland Acquisition and Park Facilities, Police Facilities, Fire Facilities, and Library. The law requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees. Additionally, three Public Works facilities improvement fees – Planned Local Drainage, Sanitary Sewer Facilities, and Fair Share Traffic Impact Mitigation Program – collected for development projects are also included in the annual compliance report requirement. In accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d), as amended by Assembly Bill (A) 518 and Senate Bill (SB) 1693, I hereby submit the Development Impact Fee (DIF) Report for the City of Huntington Beach, California for the fiscal year (FY) ended June 30, 2022. DIFs are charged by local governmental agencies in connection with approval of development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of a DIF program are set forth in Government Code 66000-66025 (the “Mitigation Fee Act”), the bulk of which was adopted as 1987’s AB 1600 and thus commonly referred to as “AB 1600 requirements”. DIFs are collected at the time a building permit is issued for mitigating the impacts caused by new development on the City’s infrastructure. Fees are used to finance the acquisition, construction and improvement of public facilities needed because of this new development. A separate fund has been established to account for each of the City’s adopted DIFs. State law requires the City prepare and make available to the public the DIF Report within 180 days after the last day of each fiscal year. The City Council must review the annual report at a regular schedu led public meeting not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and available for public review on December 2, 2022. Sincerely, Dahle Bulosan Chief Financial Officer 1 375 Intentionally Left Blank 2 376 Introduction Legal Requirements for Development Impact Fee Reporting California Government Code Section 66006 (b) California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 DIFs on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days of the close of the fiscal year, make available to the public the information shown below for the most recent fiscal year. a)A brief description of the type of fee in the account or fund. b)The amount of the fee. c)The beginning and ending balance of the account or fund. d)The amount of the fees collected and interest earned. e)An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. f)An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. g)A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. h)The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. California Government Code Section 66001 (d) For all funds established for the collection and expenditure of DIFs, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted: a)Identify the purpose to which the fee is to be put. b)Demonstrate a reasonable relationship between the fee and purpose for which it is charged. c)Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a). d)Designate the approximate dates on which the funding referred to in subparagraph (c) is expected to be deposited into the appropriate account or fund. California Government Code Section 66002 The State of California Government Code Section 66002 states that: a)Any local agency, which levies a fee subject to Section 66001, may adopt a capital improvement plan, which shall indicate the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with the fees. 3 377 Introduction California Government Code Section 66002 (Continued) b) The capital improvement plan shall be adopted by, and shall be annually updated by, a resolution of the governing body of the local agency adopted at a noticed public hearing. Notice of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county, which may be significantly affected by the capital improvement plan. This notice shall be given no later than the date the local agency notices the public hearing pursuant to Section 65090. The information in the notice shall be not less than the information contained in the notice of public hearing and shall be given by first-class mail or personal delivery. c) “Facility” or “improvement,” as used in this section, means any of the following: 1) Public buildings, including schools and related facilities; provided that school facilities shall not be included if Senate Bill 97 of the 1987–88 Regular Session is enacted and becomes effective on or before January 1, 1988. 2) Facilities for the storage, treatment, and distribution of nonagricultural water. 3) Facilities for the collection, treatment, reclamation, and disposal of sewage. 4) Facilities for the collection and disposal of storm waters and for flood control purposes. 5) Facilities for the generation of electricity and the distribution of gas and electricity. 6) Transportation and transit facilities, including but not limited to streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities. 7) Parks and recreation facilities. 8) Any other capital project identified in the capital facilities plan adopted pursuant to Section 66002. 4 378 Introduction Description of Development Impact Fees Police Facilities Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3942, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.75 relating to Law Enforcement Facilities Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.75.090, the funds collected from the Police Facilities Development Impact Fee shall be used to fund the costs of providing police services attributable to new residential and nonresidential construction and shall include: 1) The costs of providing the acquisition, construction, furnishing of new buildings; 2) Purchase of new specialty equipment and vehicles 3) Development of a Master Plan to identify capital facilities; 4) The cost of financing, projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, or City Council approved development projects Parkland Acquisition and Park Facilities Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3946, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.76 relating to Parkland Acquisition and Park Facilities Development Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.76.090, the funds collected from Parkland Acquisition and Park Facilities Development Impact Fee shall be used to fund the “costs of providing the acquisition, relocation and expansion of parkland and park facilities development, attributable to new residential and nonresidential construction.” Therefore, the expenses included in this report represent all costs associated with the planning, design, and construction stages of an eligible project, including staffing and professional design consultant costs. Specifically, the fees may be used as summarized below. 1) The acquisition of additional property for the expansion of parkland and community facilities development; 2) The construction of new parks and park facilities and community use facilities; 3) The funding of a master plan to identify capital facilities to serve new parkland and park facilities and community use facilities development; 4) The cost of financing, projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, the adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects. 5 379 Introduction Parkland Acquisition and Park Facilities Development Impact Fees (Continued) Since the City’s CIP generally includes projects and upgrades to existing facilities of $50,000 or more, all eligible park improvements may not meet the minimum qualifications required to be included in the City’s CIP. However, projects and improvement less than the $50,000 threshold are still eligible park expenses as long as they are included in the documents referenced in item 4 above of the City’s adopted annual budget. Examples of these types of expenditures include the City’s annual park license fees with Southern California Edison. Since these expenses are included in the City’s budget, they are eligible and included in this report. Library Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3945, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.67 relating to Library Development Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.67.065, the funds collected from the Library Development Impact Fees shall be used to fund the costs of expansion of the amount of library space and the number of collection items attributed to the new residential construction and shall include: 1) The acquisition of additional property for Library construction; 2) The construction of new facilities for Library services; 3) The furnishing of new buildings or facilities for Library services; 4) The purchase of Library collections to expand collections; 5) The funding of master plan to identify capital facilities; 6) To serve new users and patrons; 7) The cost of financing, projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, or City Council approved development projects. Fire Facilities Development Impact Fees Background: On June 18, 2012, the City Council approved the introduction of Ordinance No. 3942, which amended the Huntington Beach Municipal Code (HBMC) by adding Chapter 17.74 relating to Fire Facilities Development Impact Fees. The second reading of the Ordinance was approved on July 2, 2012. Fee Description: Per HBMC 17.74.090, the funds collected from the Fire Facilities Development Impact Fees shall be used to fund the costs of providing additional Fire suppression/medic facilities, vehicles and specialty equipment attributable to new residential and nonresidential construction and shall include: 1) The acquisition of additional property for Fire Department facilities; 2) The construction of new facilities for Fire Department services; 3) The furnishing of new buildings or facilities for Fire Department services; 4) The purchase of new specialty equipment and vehicles for Fire Department services; 5) The funding of a Master Plan to identify capital facilities to serve new Fire Department development; 6 380 Introduction Fire Facilities Development Impact Fees (Continued) 6)The cost of financing projects identified in the City’s General Plan, the Master Facilities Plan included in the Nexus Report, the City’s Capital Improvement Plan, or City Council approved development projects. Fair Share Traffic Impact Mitigation Fee Program Fee Description: The Fair Share Traffic Impact Mitigation Fee Program (Traffic Impact Fee) is intended to implement the goals and objectives of the General Plan by providing revenue to ensure that the adopted Level of Service standards for arterial roadways and signalized intersections are maintained when new development is constructed within the City limits and that these developments pay their fair share towards short and long term transportation improvements. In accordance with Section 17.65.130 of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Traffic Impact Fee for the City Council. Uses of Traffic Impact Fee funds are restricted to roadway capacity projects or other projects that affect the performance of the street system to offset the impacts of traffic generated by new development. Often, these types of projects are quite expensive and can involve right-of-way acquisition and property impacts. Staff has been developing projects to address some key roadway capacity areas in the City that are also larger scale projects. With expenditures that can be millions of dollars, staff has recommended that the Traffic Impact Fee fund accumulate a significant balance in order to make pursuit of those projects financially possible in the future. However, it is important to develop a program for fund expenditure to ensure the timely use of funds that are collected under this program. Sanitary Sewer Facilities Fund Fee Description: The Sanitary Sewer Facilities Fund (Sewer Fund) is a development fee that is restricted to use for sewer capacity enhancements. The fee is unrelated to the monthly Sewer Service Charge used for operations and maintenance of the existing sewer system. In accordance with Section 14.36.070 (d) of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Sewer Fund for the City Council. The Sewer Fund is intended to implement the goals and objectives of the current Sewer Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of sanitary sewer facilities. Planned Local Drainage Facilities Fund Fee Description: The Planned Local Drainage Facilities Fund (Drainage Fund) is a development fee that is restricted to use for drainage system enhancement. In accordance with Section 14.48.050 (d) of the Huntington Beach Municipal Code (HBMC), the Public Works Department is required to prepare an annual report of the status of the Drainage Fund for the City Council. The Drainage Fund is intended to implement the goals and objectives of the current Drainage Master Plan. Funds collected and deposited to the fund may be expended solely for the construction or reimbursement for construction of drainage facilities. 7 381 Intentionally Left Blank 8 382 Introduction Master Fee Schedule Development Impact Fees (per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF) Notes: * See Schedule Rates of Traffic Impact Fees, amended 12/17/2018 to include Accessory Dwelling Land Use Law Enforcement Facilities Fire Suppression Facilities Circulation Systems (Streets, Signals, Bridges) Public Library Facilities Parkland/ Open Space & Facilities (No Tract Map) Detached Dwelling Units (per Unit)362.05$ 844.11$ 2,385.00$ 1,179.72$ 16,554.73$ Attached Dwelling Units (per Unit)746.48$ 349.85$ 1,597.00$ 866.48$ 12,732.84$ Accessory Dwelling Units (per Unit)183.50$ 86.00$ *213.00$ 3,130.00$ Mobile Home Dwelling Units (per Unit)337.64$ 1,449.23$ 1,248.00$ 708.85$ 10,222.88$ Hotel/Motel Lodging Units (per Unit)No Fee No Fee $172/trip $0.041/SF $0.234/SF Resort Lodging Units (per Unit)No Fee No Fee $172/trip $0.041/SF $0.234/SF Commercial/Office Uses (per sq. ft.)0.953$ 0.301$ 4.175$ No Fee 0.897$ Industrial/Manufacturing Uses (per sq. ft.)0.406$ 0.0275$ 1.716$ No Fee 0.730$ 9 383 Introduction Master Fee Schedule Schedule of Rates for Traffic Impact Fees (per Resolution 2012-23 and updated May 2021) Land Use Detached Dwelling Unit $ 2,624.30 /Unit Apartment $ 1,843.08 /Unit Condominium/ Townhouse $ 1,607.96 /Unit Mobile Home Dwelling $ 1,372.83 /Unit Hotel $ 1,812.75 /Room All Suites Hotel $ 1,084.61 /Room Motel $ 1,251.48 /Room General Light Industrial $ 2,108.54 /1,000 sf Heavy Industrial $ 2,040.29 /1,000 sf Manufacturing $ 932.91 /1,000 sf Warehousing $ 1,501.77 /1,000 sf Office Park $ 2,472.61 /1,000 sf Research Park $ 1,668.63 /1,000 sf Business Park $ 3,117.30 /1,000 sf Bldg. Materials/Lumber Store $ 4,785.94 /1,000 sf Garden Center $ 3,822.69 /1,000 sf Movie Theater $ 401.99 /1,000 sf Church $ 963.26 /1,000 sf Medical-Dental Office $ 7,410.25 /1,000 sf General Office Building $ 2,389.18 /1,000 sf Shopping Center $ 4,922.47 /1,000 sf Hospital $ 1,865.83 /1,000 sf Discount Center $ 10,262.09 /1,000 sf High-Turnover Restaurant $ 1,448.67 /1,000 sf Convenience Market $ 7,106.86 /1,000 sf Office Park $ 2,275.41 /1,000 sf Cemetery $ 500.58 /Acre Service Station/Market (avg)$ 17,558.57 /Fuel Position Service Station w/Car Wash $ 16,200.91 /Fuel Position OTHER (as noted) Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) RESORT/TOURIST (per Unit or Entry Door) INDUSTRIAL ( per 1,000 SF) COMMERCIAL (per 1,000 SF) 10 384 Development Impact Fee Report Statement of Revenues, Expenditures and Changes in Fund Balance For the Fiscal Year Ended June 30, 2022 * Development Impact Fees *Note: Unaudited actual Description Parkland Acquisition & Park Facilities Police Facilities Fire Facilities Library Facilities Sewer Facilities Fund Drainage Facilities Fund Traffic Impact Fees REVENUES Fees 440,288 149,993 64,895 77,394 366,521 963,139 143,409 Interest 62,860 19,691 9,959 9,669 (179,307) (197,540) 19,058 Other Revenue 12,310 96,987 Total Revenues 503,148 169,684 74,854 87,063 199,524 765,599 259,454 EXPENDITURES Expenditures 5,176,320 83,528 2,163,140 668 534,056 Total Expenditures 5,176,320 83,528 2,163,140 668 534,056 Rev Over/(Under) Exp (4,673,172) 19,348 1,940 3,535 (1,963,616) 764,930 (274,602) Beginning Fund Balance 10,361,970 1,922,937 1,033,919 986,099 4,234,329 2,721,894 2,921,232 Ending Fund Balance 5,688,798 1,942,285 1,035,859 989,634 2,270,713 3,486,824 2,646,630 11 385 Intentionally Left Blank 12 386 Financial Summary Report Parkland Acquisition and Park Facilities Development Impact Fees The Parkland Acquisition and Park Facilities Development Impact Fee program is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plans by ensuring that the City’s acquisition, relocation and expansion of parkland and community facilities development are maintained when new development is constructed within the City limits (HBMC 17.76.020 (B). Fiscal Status This report presents the fund information based on the City’s preliminary audit for Fiscal Year 2021/22. The balance for the fund at the beginning of the fiscal year was $10,361,970. During FY 2021/22, the Parkland Acquisition and Park Facilities Development Impact Fee Fund recognized $440,288 in impact fees paid, as well as $62,860 in interest and market adjustments for a total of $503,148. Expenditures from the fund totaled $5,176,320 including Rodgers Seniors’ Center Site Redevelopment ($1.76 million), Bluff Top Park improvements ($1.083 million), Lake Park Reconfiguration ($725,000), playground equipment and accessibility improvements at Huntington Central Park and Sun View Park ($660,000), Harbor View Clubhouse Rehabilitation ($120,000), Edison Community Center Building Improvements ($107,000), Edison Park Reconfiguration design ($97,000), Bartlett Park and Huntington Central Park Trail Improvements ($82,000), Huntington Central Park Public Art ($75,000), as well as other various park improvements. The fund balance at the end of the fiscal year is $5,688,798. For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^ FY 18/19 FY 19/20 FY 20/21 FY 21/22* REVENUES Fees 3,150,305 7,941,094 4,026,144 385,395 788,972 440,288 Interest 14,479 (29,654) 495,707 383,539 3,088 62,860 Other Revenue 50 Total Revenues 3,164,784 7,911,489 4,521,851 768,934 792,060 503,148 EXPENDITURES Expenditures 901,073 758,321 1,533,146 2,949,744 3,556,058 5,176,320 Total Expenditures 901,073 758,321 1,533,146 2,949,744 3,556,058 5,176,320 Rev Over/(Under) Exp 2,263,711 7,153,168 2,988,705 (2,180,810) (2,763,998) (4,673,172) Beginning Fund Balance 2,901,194 5,164,905 12,318,073 15,306,778 13,125,968 10,361,970 Ending Fund Balance 5,164,905 12,318,073 15,306,778 13,125,968 10,361,970 5,688,798 Note: ^Reflects a 9-month fiscal period. An increase in revenue was due to the following development. FY 16/17 and 17/18: Pacific City and Monogram final building. FY 18/19: Luce Apartments; Oakmont Assisted Living Facility *Unaudited actual 13 387 Financial Summary Report Parkland Acquisition and Park Facilities Development Impact Fees (Continued) Planned Park Projects, Studies, and Expenditures The FY 2022/23 Capital Improvement Program (CIP) includes funding for the following new projects: Huntington Central Park Slater Playground Improvements ($475,000) anticipated to be completed by June 30, 2023. Additional funds have been budgeted for continuing design work associated with reconfiguration projects for Marina ($440,000) and Edison ($475,000) Parks. The combined total of these planned projects is $1,390,000. Future Project and Fund Balance Per HBMC 17.76.090 (A)(5), use of Parkland Acquisition and Park Facilities Development Impact Fee funds are restricted to projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, the City of Huntington Beach Capital Improvement Plan, the adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects. Often, these types of projects require multiple years to plan and construct due to changing City priorities, community involvement, and the entitlement process. With expenditures totaling millions of dollars, staff recommends that the Parkland Acquisition and Park Facilities Development Impact Fee Fund accumulate a significant balance in order to make pursuit of those projects financially possible in the future. However, it is important to develop a program for fund expenditure to ensure the timely use of funds that are collected under this program. Staff also uses Parkland Acquisition and Park Facilities Development Impact Fee funds as a “matching fund” when pursuing park enhancement projects for grant funding opportunities as available. Looking forward, other potential uses of the fund balance include construction funding for Edison Park Reconfiguration Improvements pending final approval of a master plan anticipated to be completed during FY 2022/23. Additionally it is anticipated that the final design plans and specifications for the Marina Park Reconfiguration project would begin in FY 2023/24, with construction beginning in FY 2025/26. Finally, continued playground ADA equipment improvements as listed on the City Council approved Park Playground & Equipment Replacement Priority List are also planned on an on-going basis as funding is available through FY 2024/25 at an estimated cost of $3.6 million. 14 388 Financial Summary Report Parkland Acquisition and Park Facilities Development Impact Fees (Continued) Summary of Revenue and Expenditures Parkland Acquisition & Park Facilities Development Impact Fee Fund* Beginning Balance 7/1/2021 $10,361,970 Revenue Developer Fees (Residential) 353,199 Developer Fees (Commercial) 87,089 Others, Interest, & Adjustments 62,860 Total Revenue $503,148 Expenditures Various Park Improvements/Monument Signs (11,030) Park Leases (7,539) Bartlett Park Loop Trail (70,324) Edison Community Center Improvements (107,267) Edison Park Reconfiguration (97,093) Harbor View Clubhouse Rehabilitation (119,592) HCP Group Picnic Area Reuse Improvements (614,644) Huntington Central Library Fountain Improvements (103,127) HCP Disc Golf Course (34,850) Lake Park Reconfiguration (725,532) LeBard Park Improvements (27,919) HCP Trail Improvements (16,266) HCP Restroom Improvements (23,515) Playground Improvements (includes $45k Sun View Park match to Prop 68) (52,119) Rodgers Seniors’ Center Redevelopment (1,755,990) Bluff Top Park Improvements (1,082,979) Huntington Central Park Public Art Plans (75,000) Personnel and Professional Services (251,535) Total Expenditures $(5,176,320) Beginning Balance 7/1/2022 $5,688,798 *Figures are rounded to the nearest dollar Conformance with Program Goals and Objectives The Park Development Impact Fee Program is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as stated in the Municipal Code Chapter 17.76. Completion of the planned projects is in conformance with the goals and objectives of the Park Development Impact Fee program. 15 389 Intentionally Left Blank 16 390 Financial Summary Report Police Facilities Development Impact Fee For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^ FY 18/19 FY 19/20 FY 20/21 FY 21/22* REVENUES Fees 253,771 461,454 278,513 178,437 154,900 149,993 Interest 2,333 (1,198) 48,848 49,575 9,948 19,691 Total Revenues 256,104 460,256 327,361 228,012 164,848 169,684 EXPENDITURES Expenditures 150,336 Total Expenditures 150,336 Rev Over/(Under) Exp 256,104 460,256 327,361 228,012 164,848 19,348 Beginning Fund Balance 486,356 742,460 1,202,716 1,530,077 1,758,089 1,922,937 Ending Fund Balance 742,460 1,202,716 1,530,077 1,758,089 1,922,937 1,942,285 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Police Facilities Development Impact Fees of $149,993 and $19,691 in interest/bank adjustments were posted in FY 2021/22. Expenditures during Fiscal Year 2021/22 totaled $150,336 for PD Communications Center and Traffic Office reconfigurations, start-up equipment for the Be Well OC Program, and a transit van for the Crisis Negotiation Team (CNT). The Police Facilities Development Impact Fee Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 17 391 Intentionally Left Blank 18 392 Financial Summary Report Fire Facilities Development Impact Fees For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^FY 18/19 FY 19/20 FY 20/21 FY 21/22* REVENUES Fees 104,346 225,915 156,211 98,953 99,561 64,895 Interest 1,314 (552) 25,418 27,274 5,042 9,959 Total Revenues 105,660 225,363 181,629 126,227 104,603 74,854 EXPENDITURES Expenditures 72,914 Total Expenditures 72,914 Rev Over/(Under) Exp 105,660 225,363 181,629 126,227 104,603 1,940 Beginning Fund Balance 290,437 396,097 621,460 803,089 929,316 1,033,919 Ending Fund Balance 396,097 621,460 803,089 929,316 1,033,919 1,035,859 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Fire Facilities Development Impact Fees of $64,895 and $9,959 in interest/bank adjustments were posted in FY 2021/22. Expenditures totaled $72,914 for a Fire facilities assessment and standards of cover study. The Fire Facilities Development Impact Fee Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 19 393 Intentionally Left Blank 20 394 Financial Summary Report Library Development Impact Fee For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^FY 18/19 FY 19/20 FY 20/21 FY 21/22 REVENUES Fees 208,080 532,513 313,292 128,248 104,298 77,394 Interest 1,651 (1,842) 40,351 36,229 1,084 9,669 Total Revenues 209,731 530,671 353,643 164,477 105,382 87,063 EXPENDITURES Expenditures 53,806 50,313 125,856 156,639 349,272 83,528 Total Expenditures 53,806 50,313 125,856 156,639 349,272 83,528 Rev Over/(Under) Exp 155,925 480,358 227,787 7,838 (243,890) 3,535 Beginning Fund Balance 358,080 514,005 994,363 1,222,150 1,229,988 986,099 Ending Fund Balance 514,005 994,363 1,222,150 1,229,988 986,098 989,634 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Library Development Impact Fees of $77,394 and interest/bank adjustments of $9,669 were posted in FY 2021/22. Expenditures incurred in FY 2021/22 include professional services charges for the development of the Library Facilities Master Plan ($83,528). 21 395 Intentionally Left Blank 22 396 Financial Summary Report Planned Local Drainage Facilities Fund For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^ FY 18/19 FY 19/20 FY 20/21 FY 21/22* REVENUES Fees 58,004 72,646 429,294 703,122 217,735 963,138 Interest 5,648 4,055 53,429 74,100 12,285 (197,540) Other Revenue (386) Total Revenues 63,652 76,701 482,337 777,222 230,020 765,598 EXPENDITURES Expenditures 63,795 236,119 26,749 668 Total Expenditures 63,795 236,119 26,749 668 Rev Over/(Under) Exp (143) (159,418) 482,337 777,222 203,271 764,930 Beginning Fund Balance 1,418,625 1,418,482 1,259,064 1,741,401 2,518,623 2,721,894 Ending Fund Balance 1,418,482 1,259,064 1,741,401 2,518,623 2,721,894 3,486,824 Note: ^Reflects a 9-month fiscal period. *Unaudited actual Planned Local Drainage Facilities Fund revenues for FY 2021/22 include $963,138 of development fees plus negative interest/bank adjustments ($197,540) for a total of $765,598. Expenditures in the fund totaled $668 for engineering work on the McCallen Storm Drain Project. The Planned Local Drainage Facilities Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 23 397 Intentionally Left Blank 24 398 Financial Summary Report Sanitary Sewer Facilities Fund For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^ FY 18/19 FY 19/20 FY 20/21 FY 21/22* REVENUES Fees 38,582 180,456 215,496 405,790 92,206 366,521 Interest 31,458 17,063 257,329 188,404 (179,307) Other Revenue 12,310 45,058 (2,214) 12,310 12,310 12,310 Total Revenues 82,350 242,577 470,611 606,504 104,516 199,524 EXPENDITURES Expenditures 159,127 341,264 1,898,104 85,394 2,954,357 2,163,140 Total Expenditures 159,127 341,264 1,898,104 85,394 2,954,357 2,163,140 Rev Over/(Under) Exp (76,777) (98,687) (1,427,493) 521,110 (2,849,841) (1,963,616) Beginning Fund Balance 8,166,017 8,089,240 7,990,553 6,563,060 7,084,170 4,234,329 Ending Fund Balance 8,089,240 7,990,553 6,563,060 7,084,170 4,234,329 2,270,713 Note: ^Reflects a 9-month fiscal period. *Unaudited actual FY 2021/22 Sanitary Sewer Facilities Fund revenues totaled $199,524. Residential and commercial developer fees contributed $366,521. In addition, the City received $12,310 from the Sunset Beach Sanitary District representing the agency’s share for the construction of Lift Station D. These revenues were partially offset by negative interest/bank adjustments of ($179,307). Expenditures for the fund in FY 2021/22 totaled $2,163,140 and includes ongoing construction costs at Saybrook Lift Station in the amount of $1,234,177, ongoing construction costs at Slater Lift station in the amount of $705,799, and final engineering and beginning construction cost at McFadden Lift Station totaled in the amount of $223,164. It should be noted that these projects are also partially funded by the Sewer Service Fund. The Sanitary Sewer Facilities Fund reports funds being held past the fifth year and first deposit. These funds are intended for the projects identified in the DIF Project Identification section of this annual compliance report. 25 399 Intentionally Left Blank 26 400 Financial Summary Report Fair Share Traffic Impact Mitigation Fee Program For the Fiscal Year Ended June 30, 2022 Last Five Fiscal Years Description FY 16/17 FY 17/18^ FY 18/19 FY 19/20 FY 20/21 FY 21/22* REVENUES Fees 436,630 713,993 588,763 564,171 225,314 143,409 Interest 15,788 6,049 150,937 83,723 8,706 19,058 Other Revenue 362,078 70 (1,088) 106 96,987 Total Revenues 814,496 720,112 738,612 647,894 234,126 259,454 EXPENDITURES Expenditures 610,801 90,191 914,922 2,157,222 52,308 534,056 Total Expenditures 610,801 90,191 914,922 2,157,222 52,308 534,056 Rev Over/(Under) Exp 203,695 629,921 (176,310) (1,509,328) 181,818 (274,602) Beginning Fund Balance 3,591,436 3,795,131 4,425,052 4,248,742 2,739,414 2,921,232 Ending Fund Balance 3,795,131 4,425,052 4,248,742 2,739,414 2,921,232 2,646,630 Note: ^Reflects a 9-month fiscal period. *Unaudited actual During FY 2021/22, the Fair Share Traffic Impact Mitigation Fee Fund recognized revenues of $143,409 in impact fees paid plus $19,058 in interest/bank adjustments. Other Revenues include a transfer in from the Gas Tax Fund in the amount of $3,595 and a transfer in from the Prop 42 Fund in the amount of $93,392 due to accounting adjustments posted to close out various traffic signal grants. Revenues for the fund total $259,454. Expenditures include traffic signal modifications at the intersections of Warner-Graham ($170,483), Main- Delaware ($53,293), and Warner-Ash ($47,461); design work on Bushard Fire Station fiber optic line ($4,420); Citywide Mobility Corridor Improvements ($228,695) and general traffic signal repairs ($29,704). Expenditures for the year totaled $534,056. 27 401 Intentionally Left Blank 28 402 Development Impact Fee Project Identification The City’s current, Adopted Budget 2022-2023, which includes the Five-Year Capital Improvement Plan (CIP) 2022/23 – 2026/27 can be found on the City’s website at: https://huntingtonbeachca.gov/files/users/finance/Adopted-Budget-2022-2023.pdf Funding of Infrastructure The FY 2022/23 – FY 2026/27 CIP identifies all funding sources and amounts for individual projects through FY 2026/27. The CIP is updated annually to reflect the current City’s infrastructure needs. As a CIP is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development. Once the determination of use is made, the percentage of use attributed to new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses are funded from other appropriate sources. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community. CURRENT MAJOR CIP PROJECTS Parkland Acquisition and Park Facilities Development Impact Fees New park development projects included in the Capital Improvement Plan for FY 2022/23 include the design and construction of various park improvements as listed below. Funds are also budgeted for park leases, professional services, and personnel services. FY 2022/23 Edison Park Reconfiguration Design Services - $475.000 This multi-year project includes the reconfiguration of Edison Park to include dual use tennis/pickleball courts, repurposing of group picnic area, soccer fields, tot lot playground improvements, walkways, parking lot rehabilitation, turf and irrigation improvements as well as other possible amenities based on the master planning process currently underway. A total of $300,000 was appropriated in FY 21/22 and $475,000 in FY 22/23. Huntington Central Park Slater Playground Improvements - $475,000 This project includes replacement and rehabilitation of playground equipment with ADA compliant all new units and safety surfacing throughout the playground area. Marina Park Conceptual Design Reconfiguration Design Services - $440,000 This multi-year project includes the preparation of a conceptual master plan and design services to update the park, including renovation of existing restroom/snack bar building, tennis courts, and potential repurposing of hardscape areas and other park amenities. FY 2023/24 Preliminary projects to include partial funding for Edison Park design and construction documents pending final approval of a master plan, as well as Carr Park reconfiguration design services. Other preliminary projects include the continuation of various playground equipment and site turf improvements as needed throughout the city in order to comply with ADA requirements. FY 2024/25 Preliminary projects include the continuation of playground equipment rehabilitation at various parks as listed on the City Council approved Park Playground & Equipment Replacement Priority List, as well as future projects as recommended in the Parks & Recreation Master Plan update currently underway. 29 403 Development Impact Fee Project Identification Police Facilities Development Impact Fees The Capital Improvement Plan for FY 2022/23 includes the following projects funded by Police Facilities Development Impact Fees: Traffic Office Remodel - $415,000 The traffic department consists of old modular walls that are not configured to accommodate current employees and workflow. The project includes renovation and refurbishment of the Traffic Bureau interior of the Police Department and complete redesign of interior walls and workspace. Fire Facilities Development Impact Fees The Capital Improvement Plan for FY 2022/23 includes the construction for reconfiguration and renovation of Fire Station #5 (Lake) and Fire Station #2 (Murdy). This project is needed for gender accommodation, in addition to better use of space to accommodate personnel and services in Fire Department facilities. The project includes professional services contracts for assessments of Fire Department facilities. The Fire Facilities Development Fees are eligible for expenditures related to providing additional Fire suppression and medic facilities, vehicles and equipment associated with residential and nonresidential construction. The Master Facilities Plan for the City of Huntington Beach, adopted in October 2011, identifies the following eligible projects: Relocate Fire Station #8 (Heil) Construct Station #8 (Heil) Apparatus Storage Facility Construct a Single Bay/Quarters at Station #4 (Magnolia) Acquire an Engine and Ambulance and for Station #4 (Magnolia) Acquire an Additional Engine for Station #1 (Gothard) Acquire an Additional Engine for Station #2 (Murdy) These projects will be evaluated and considered for submission in the FY 2023/24 budget process. Library Development Impact Fees The Library Development Impact Fees are eligible for expenditures related to costs for expanded or new library spaces and the number of collection items attributed to new residential construction. Proposed use of funds include $350,000 for conceptual design services for the Central Library’s Children-Teen wing included in the City’s FY 2022/23 Capital Improvement Program (CIP). It is anticipated that future funds will be allocated to this project, as well as other library facility rehabilitation and expansion projects as recommended in the Library Facilities Master Plan currently underway. Sanitary Sewer Facilities Fund The FY 2022/23 Capital Improvement Plan includes $700,000 in carryover funds from FY 2021/22 for the rehabilitation/upgrade of Humboldt Sewer Lift Station and $1.2 million in carryover funds for the rehabilitation/upgrade of McFadden Sewer Lift Station, with the prioritization of future lift stations to be determined in future fiscal years. 30 404 Development Impact Fee Project Identification Planned Local Drainage Facilities Fund The Capital Improvement Plan for FY 2022/23 through FY 2026/27 includes $2.0 million for reconstruction of Heil Avenue Storm Water Pump Station, $120,000 for repairs to Channel C6 SC1, $1.2 million for storm drain pump station forebay improvements, and $1.13 million for the installation of half round grates at various locations throughout the City. Fair Share Traffic Impact Mitigation Fee Program The FY 2022/23 Capital Improvement plan includes a total of $290,000 of projects to be funded from Fair Share Traffic Impact Mitigation Fees. This project is for the installation of a new traffic signal at the Heil Avenue Fire Station, which will improve safety by enabling the Fire Department to stop traffic on Heil Avenue while egressing the station. 31 405 Intentionally Left Blank 32 406 33 407 34 408 35 409 36 410 37 411 38 412 39 413 40 414 41 415 42 416 Page 2 Exhibit A Resolution No. 2018-85 Schedule of Rates for Traffic Impact Fees per Resolution 2012-23 and amended on 12/17/18 to include ADU DIF) Adjusted Average Trip -end to Additional Cost per Cost per 1000 sq. ft, Land Use Trip Ends Distance Trip Trip Miles Trip Mile dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.76 7.9 0.5 Apartment 6.15 7.9 0. 5 Condominium/ 5.36 7.9 0.5 Townhouse Accessory Dwelling Mobile Home Dwelling 4.57 7.9 RESORT/TOURIST (per Unit or Entry Door) Hotel 6.29 7.6 All Suites Hotel 3.77 7.6 Motel 4.34 7.6 INDUSTRIAL ( per 1,000 SF) General Light Industrial 0.1/ Heavy Industrial 5.97 Manufacturing 2.73 Warehousing 4.39 COMMERCIAL (per 1,000 SF) Office Park 7.42 Research Park 5.01 Business Park 9.34 Bldg. Materials/Lumber Store Garden Center Movie Theater Church Medical -Dental Office General Office Building Shopping Center Hospital Discount Center High -Turnover Restaurant Convenience Market Office Park OTHER (as noted) Cemetery Service Station/Market avg) Service Station w/Car 0. 5 0.5 0. 5 0. 5 0.5 0.5 0. 5 0. 5 34.6 $ 64.34 $ 24.3 $ 64.34 $ 21.2 $ 64.34 $ 18.1 $ 64.34 $ 23.9 $ 64.34 $ 14.3 $ 64. 34 $ 16.5 $ 64.34 $ 27.8 64. 34 26.9 64. 34 12.3 64.34 19.8 64. 34 8.8 0.51 32.6 64. 34 1 $ 8.8 0.5 22.0 64. 34 8.8 0.51 41.1 64.34 4.31 0.5 63.11 $ 64. 34 1 $ 23.45 4.3 0.5 50.4 64. 34 2.47 4.3 0.5 5.3 64.34 5.92 4.3 0.5 12.7 64.34 22.21 8.8 0.5 97.7 64.34 7.16 8.8 0.5 31.5 64.34 30.2 4.3 0.5 64.9 64.34 11.42 4.3 0.5 24.6 64.34 62. 93 4.3 0.5 135.3 64.34 8.9 4.3 0.5 19.1 64.34 43.571 4.31 0.5 93.7 64.34 13.971 4.31 0.51 30.0 64.34 3.07 4.3 107.69 4.3 99.35 4.3 2,226.16 /Unit 1,563.46 Unit 1,364.01 Unit 341.00 Unit 1,164.55 Unit 1,537.73 /Room 920.06 /Room 1,061.61 /Room 1,788.65 /1,000 sf 1,730.75 /1,000 sf 791.38 /1,000 sf 1,273.93 /1,000 sf 2,097.48 /1,000 sf 1,415.48 /1,000 sf 2,644.37 /1,000 sf 4.059.85 1 /1.000 sf 3,242.74 1,000 sf 341.00 1,000 sf 817.12 1,000 sf 6,286.02 1,000 sf 2,026.71 1,000 sf 4,175.67 1,000 sf 1,582.76 1,000 sf 8,705.20 1,000 sf 1,228.89 1,000 sf 6,028.66 1,000 sf 1.930.20 1.000 sf 0.5 6.6 $ 64.34 $ 424.64 /Acre Fuel 0.5 231.5 $ 64.34 $ 14,894.71 Position Fuel 0.5 213.6 $ 64.34 $ 13,743.02 Position 43 417 44 418 45 419 46 420 47 421 48 422 49 423 50 424 51 425 52 426 53 427 City of Huntington Beach Accessory Dwelling Unit DIF Calculation Report December, 2018 impact. Therefore, to be conservative, it is recommended that the City adopt an ADU fee that is only 25% of the attached dwelling unit DIF. This action would recognize that an individual ADU will have some impact on City services but would allow the City to recognize the State Legislature's encouragement that cities and counties consider the spirit/intent of the new ADU laws, that is to create additional smaller housing supply alternatives without overwhelming financial barriers. The fee has to be separated into the five individual impact fees identified in the 2012 report and resolution. Table 1, following, demonstrates this. Table 1- 1 Calculation of an Attached Dwelling Unit Per Imposed Infrastructure -based Development Impact Fee Infrastructure Calculated Development Impact Fee Percent of DIF Imposed Adopted Impact Fee/Unit City Staff Recommended Percentage DIF Impact Cost Per ADU Law Enforcement 815 90.1 % 734 25.0% 183.50 Fire Suppression 382 90.1 % 344 25.0% 86.00 Circulation System 1,657 96.4% 1,597 25.0% 399.25 Storm Drainage 397 0. 0% 0 25.0% 0.00 Library Facilities 908 93.8% 852 25.0% 213.00 Park Land et. al. 13,835 90.5% 12,520 25.0% 3,130.00 Total 17,994 89.2% 16,047 25.0% 4,011.75 The five required Government Code §66000 findings within each chapter would apply to the imposition/collection of ADUs DIFs also. The fees collected would be used to finance the same projects specifically identified in each corresponding infrastructure chapter in the 2012 DIF Calculation and Nexus Report. The portion of the DIF proceeds for Law Enforcement Facilities, Vehicles and Equipment Infrastructure (about 4.6% of the total) would be limited to projects identified on Schedule 3.1, page 37 of the 2012 DIF Calculation and Nexus Report or pages 6 through 9 of the accompanying 2012 Master Facilities Plan. The portion of the DIF proceeds for Fire Suppression/Medic Facilities, Vehicles and Equipment infrastructure (about 2.1% of the total) would be limited to projects identified on Schedule 4.1, page 51 of the 2012 DIF Calculation and Nexus Report or pages 12 through 17 of the accompanying 2012 Master Facilities Plan. Revenue and Cost Service, LLC, Fullerton CA, 92831 7 833 54 428 55 429 Council/Agency Meeting Held: ALAALOIL_d___ Deferred/Continued to: 6/4'/41,91, ,6hi://a) U Approved 1:1 Conditionally Approved 0 Denied 0/LetPCity ler ignat f Council Meeting Date: May 7, 2012 Department ID Number: PL 2012-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: Honorable Mayor and City Council Members Fred A. Wilson, City Manager Bob Hall, Deputy City Manager Revise the City's Existing Development Impact Fees by adopting Resolution No. 2012-23 and Ordinance Nos. 3942 through 3947 Statement of Issue: Transmitted for City Council consideration are revisions to the City's existing Development Impact Fees. With the assistance of Revenue & Cost Specialists, L.L.C. staff has evaluated the City's public services needs for the next twenty years and analyzed what the future development opportunities were based on General Plan land use. From that Revenue & Cost Specialists, L.L.C. compared the future City's needs with the potential build out and derived these revised/new Development Impact Fees included in the Development Impact Fee Calculation and Nexus Report. Financial Impact: Adoption of the recommended impact fees (new and updates) will generate approximately $154.8 million through General Plan Build-out. This represents an approximately $20 million increase over the currently adopted impact fees. Recommended Action: Motion to: A) Adopt Resolution No. 2012 - 23, "A Resolution of the City Council of the City of Huntington Beach Adopting the Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, and Establishing New and Revised Development Impact Fees For All Development Within the City;" and, B) Approve for introduction Ordinance No. 3942, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.75 Relating to Development Impact Fees for Police Facilities;" and, C) Approve for introduction Ordinance No. 3943, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.74 Relating to Development Impact Fees for Fire Facilities;" and, D) Approve for introduction Ordinance No. 3944, "An Ordinance of the City of Huntington Beach Amending Chapter 17.65 of the Huntington Beach Municipal Code Relating to Traffic Impact Fees;" and, Item 9. - I HB -136- 56 430 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 E) Approve for introduction Ordinance No. 3945, "An Ordinance of the City of Huntington Beach Deleting Chapter 17.66 of the Huntington Beach Municipal Code and Adding Chapter 17.67 Relating to Library Development Impact Fees;" and, F) Approve for introduction Ordinance No. 3946, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.76 Relating to Parkland Acquisition and Park Facilities Development Impact Fees;" and, G) Approve for introduction Ordinance No. 3947, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 17.73 Relating to the General Provisions for Development Impact Fees." Alternative Action(s): The City Council may make the following alternative motions: 1. Do not adopt Resolution #2012-23 and Ordinances #3942-3947, updating the proposed development impact fees leaving fees at current levels. 2. Make changes to the recommended fees and adopt as amended. 3. Continue the Development Impact Fee Calculation and Nexus Report and direct staff accordingly. Analysis: BACKGROUND Development Impact fees are one-time charges applied to offset the additional public-service costs of new development. Fees are proposed to be assessed at the time a building permit is issued and rededicated to providing additional services, such as water and sewer systems, roads, libraries, and parks and recreation facilities, made necessary by the increase in number of new residents in the area. The funds cannot be used for operation, maintenance, repair or replacement of existing capital facilities. The amount of the proposed fee is clearly linked to the added service cost. The development community has requested that the City of Huntington Beach make it easier for potential developers to calculate all impact fees from the early design stage of their project and to defer payment of the development impact fees to the issuance of the Certificate of Occupancy or Final Building Permit Approval. The actions in this report address only Development Impact Fees. Fees charged under the Subdivision Map Act will be addressed separately at a later date. These fees are Quimby and Drainage fees. STAFF ANALYSIS AND RECOMMENDATION: The City of Huntington Beach is getting close to full build-out and development of the remaining vacant parcels as well as renovation/construction of existing homes and businesses. New development results in increased demand that must be absorbed by the existing HB -137- Item 9. - 2 57 431 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 infrastructure. Currently the city collects development impact fees for traffic, library development, and park land/open space. Working with staff, Revenue & Cost Specialist, L.L.C. generated a Master Facilities Plan for theoretical General Plan build-out of the City. The Master Facilities Plan indentifies all growth-related capital projects required to accommodate new City development through General Plan build-out. Using information in the Master Facilities Plan, a Development Impact Fee Calculation Report was generated. The purpose of the report is to assure that the impacts created by new development pays a fair share of the proportional costs required for expansion of all development within the City of Huntington Beach. On April 27, 2012 the Nexus report dated October 2011 was amended. Due to additional costs associated with the accounting, collection and state mandated tracking Park Land/Open Space Fee and the Public Meeting Facilities fee were collapsed into one fee, now called the Park Land Acquisition and Park Facilities Development Fee. This was undertaken to provide the City greater flexibility to address the City's capital project needs and priorities over time. The Development Impact Report contemplates two new fees, police and fire, and updates the existing traffic, library, and park land/open space impact fees (Attachment No. 1) based on the City's changing requirement for public safety, streets and signals and other quality-of-life facilities. Attachment No. 9 is a comparison of current impact fees and proposed impact fees. The paragraphs to follow provide additional, detailed analysis of the changes sought to each type of fee. Law Enforcement Facilities, Vehicles, and Equipment Fee (New) The purpose of the new Law Enforcement Facilities, Vehicles and Equipment Fee is to collect proportional contributions from new development to pay for additional required law enforcement facilities, vehicles and equipment. New development can be expected to generate additional law enforcement calls for service. Different types of development will create proportional levels of calls for service that generate law enforcement response. Additional sworn officers are necessary to respond to the increased demands for service and these fees will offset the added costs of housing and equipping the additional required officers. The proposed resolution establishes the actual amount of the new Law Enforcement Development Impact Fee. The resolution also specifies that the proposed fees be used solely for expanding or increasing capacity within the law enforcement facilities and to increase the number of enforcement vehicles and specialty equipment. Fire Suppression/Medic Facilities Vehicles and Equipment Fee (New) The purpose of this new fee is to provide proportional financial contributions as a result of new development to pay for additional fire suppression/emergency medical response facilities, vehicles and specialized equipment. In order to be able to continue to respond to an ever- increasing number of expected emergency calls, fire department staff has determined the need for the relocation of one fire station (as opposed to adding a ninth) and expanding one existing fire station. Having the right type and inventory of fire stations in the right locations enables the City's policy makers to house firefighters, apparatus and equipment to provide for maximum use of resources. Item 9. - 3 HB -138- 58 432 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 The proposed resolution establishes the actual amount of the Fair Share Fire Department Impact Fee. The resolution specifies that the proposed fees would be used solely to acquire additional fire facilities, vehicles and specialized equipment required to respond to additional calls for service (related to the new development) necessary to maintain the capability of responding to calls to the existing community. Fees will be used to finance the construction or acquisition of fire suppression/emergency medical facilities, vehicles and specialized equipment identified in the Master Facilities Plan that are necessary to accommodate anticipated and planned development in the community. Circulation (Streets, Signals and Bridges) System Fee (Updated) The Fair Share Traffic Impact Fee collects proportional contributions from new development to pay for additional circulation system capacity by creating more travel lanes or more efficient street use to accommodate the additional trip-miles created by new development. Improvements take the form of construction of new travel lanes including the widening of streets, installation and modification of traffic signals to accommodate changes in traffic patterns and improving the infrastructure of our traffic signal system to enable development of better signal coordination. Improvements for pedestrians, bicycles and transit may also be included in these improvements. The current Traffic Impact Fee is $172 per net new trip generated by a proposed development. The recommended update to the Traffic Impact Fee slightly modifies the methodology for proportioning the cost to users, resulting in slightly increased fees for some uses and slightly lower fees for others. In general, the recommended methodology shifts fees from commercial uses to residential uses. The new methodology better reflects the actual impacts to the street system by not only accounting for the number of trips generated by the land use, but also the average length of the trip. This approach is based on the concept that a longer trip has greater potential to impact multiple locations within the circulation system. The proposed methodology is predicated on distributing the estimated $23,867,660 in circulation system improvement costs needed to serve additional traffic generated by new development. This process results in a "per unit" fee which can be assessed on new development. The "per unit" fee is developed based on typical trip generation rates for specific uses and also factors in the average length of a trip associated with that type of use. The "per unit" fee reflects the prorated fair share costs of improvements based on the number of trip- miles generated by the particular land use category. Rates recommended for adoption are based on a daily trip-mile of $64.34. This represents 10% less than the amount recommended in the Development Impact Fee Calculation Report due to the elimination of approximately $2.7 million in maintenance facility and equipment costs previously included in the calculation. The current Traffic Impact Fee was established using a fair share methodology based only on the number of trips generated by a particular land use. The following example is presented to generally describe the difference in methodology: If a typical single family home generates 8.8 trips per day the Traffic Impact Fee under the current program ($172 per trip) is $1,513. If a medium sized shopping center generates 30 trips/1000 square feet of floor area the Traffic Impact Fee under the current program is $5,160/1000 sf. HB -139- Item 9. - 4 59 433 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 Under the current program, with a trip length factor included (3.95 miles/trip for residential and 2.15 miles per trip for shopping center) the rates change to $2,482/dwelling unit and $4,655/1000 sf of floor area for the shopping center. While 1,000 square feet of floor area in a shopping center generates more than 3 times the number of trips of one single family home, the shopping center only generates approximately 85% more trip miles. The resolution specifies that the proposed fees would be used solely for circulation system capacity improvements. This information is generally identified in Use of the Fee section the report. The ordinance modifications are necessary to revise Chapter 17.65 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial development projects. Public Library Facilities and Collection Fee (Updated) The current Library Development fee was initially adopted in 1998. A Library Facilities Impact Fee imposed on residential development would allow the City to expand on existing facilities to ensure the City's existing and new residents have adequate and sufficient access to enjoy the library space and collections. The City of Huntington Beach, through its General Plan, and Facility Master Plan has established its commitment to maintaining current standards of library services. The Library Development Fee, along with other City revenue sources, will allow the City to expand facilities and enhance collections to accommodate projected growth and increased demand for service. The development of any acreage zoned for residential use increases the demand on the finite amount of library space and collection items. Thus, those residential land uses that generate a higher number of residents will pay a proportionally higher amount. There is no information available demonstrating a substantive link between library use and local businesses. Library use is primarily by residents as opposed to business persons. Therefore, there are no fees being collected for commercial or industrial construction. The resolution specifies that the fees would be used solely for support of library services and facilities. Funds collected from the Public Library Fee shall be used to cover the cost of expansion of library space and collection items needed to meet the increased demands of residential growth and development. Funds can be used to acquire additional property, construct new facilities, furnish new buildings or facilities, purchase collection materials, funding for master plans or other studies to identify capital needs and the cost of financing. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing facilities. Ordinance modifications are necessary to revise Chapter 17.66 so that the collection of fees imposed on development projects is consistent with the intent of the City Council to impose fees on residential, commercial and industrial development projects. Park Land Acquisition and Park Facilities Development Fee (Updated) On December 16, 2002 The City Council adopted Resolution 2001-129 with findings that stated, "the purpose of the fee is for the development and improvements of the City's parks and recreational facilities in order to assure that the policies and standards for park, open space and recreational facilities contained in the City's General Plan and described in the Park Fee Study are met." Item 9. - 5 HB -140- 60 434 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 The proposed fees presented herein do not change this approved purpose, but merely update the methodology used in calculating the fee based on the latest land values, future population, and build-out projections cited in the new "Development Impact Fee Calculation and Nexus Report" completed by Revenue and Cost Specialists L.L.C. in October 2011. As referenced in the October 2011 report, the City owns or has long-term control of 778.41 acres of traditional park land, with about 87.9% developed. It is anticipated that the City will need to acquire 70.5 acres in park land to serve the additional projected 17,089 residents at build-out. The challenge facing the City is to provide new facilities and park land to serve the recreational needs of new residents. The proposed fees are based on the estimated per acre acquisition and development costs as presented in Schedule 9.1 factored by the City's existing park standards, and then multiplied by the average number of persons per type of dwelling unit. Currently this fee is $0.86 per square foot and applies to all new residential development (new construction and additions) the fee is paid at the time of permit issuance for all new residential development. The proposed fee will apply to new residential units only; it will no longer apply to residential room additions or expansions. This will result in an elimination of the per square foot fee for residential development, however a square foot fee will continue to be applied to all non-residential development. In addition, it should be noted that currently Ordinance No. 3596 of Chapter 254 of the Zoning and Subdivision Ordinance exempts mobile homes from Park Impact fees. The proposed fees would require the payment of $11,169 per mobile home dwelling unit. However, in an effort to implement the proposed fees in a timely manner and since there no applications on file for approval of a mobile home park, staff is recommending that the mobile home exemption be extended until such time that Ordinance No. 3596 can be revised to reflect the new fees. Projected population increases will also place additional demands on existing community centers, and other community use facilities (such as the City's clubhouses, the Beach Public Service Center, Shipley Nature Center, etc). The Park Acquisition and Park Facilities Development Fee will enable the City to meet the added demands created by the construction of additional residential dwelling units to maintain the current standard of 0.620 square feet per person for the Public Facility use space. IMPLEMENTATION In order to mitigate the impact of increasing Law Enforcement Facilities Fee, Fire Suppression Facilities Fee, Circulation System Fee, and the Park Land Acquisition and Park Facilities Development Fee, the proposed resolution is to have a "phased" implementation for the detached, attached and mobile home residential unit fees. The Public Library Fee will not be phased in. While the goal is to generate adequate funding to serve the increased demands of development, the phased implementation would allow for a more gradual increase over a three year period and not inhibit development in a difficult economy. That is, the phased approach would increase the detached, attached and mobile home residential unit to 70% of recommended fee in the first year beginning July 20, 2012, then increasing to 80% effective July 20, 2013, reaching 90% on July 20, 2014, and remaining at 90% of the recommendation. Beginning in March 2016, a CPI adjustment factor would be used to adjust those fees until a new study is funded. Using a Detached Dwelling as an example, HB -141- Item 9. - 6 61 435 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 the total development impact fee 100% recovery amount of $22,829 would not be implemented. Beginning July 20, 2012, the amount would be $16,331/unit. On July 20, 2013 the fee would increase to $18,499/unit. On July 20, 2014, the fee would be $20,655 and would remain at the 90% level. Currently, all fees are collected at the time of building permit issuance. It is recommended that the fees be collected at the time the impact is imposed on the system; therefore later in the development process at final building permit approval or issuance of the Certificate of Occupancy. Regarding development projects that have already received zoning entitlement approval (i.e., CUP, SPR, Variances, etc), there is proposed to be a "grandfathering" of existing development impact fees. Section 8, Fees Imposed, of the Fee Resolution (Attachment No. 1) describes the criteria for being "grandfathered" which basically states that new development impact fees shall not apply to those development projects that have received discretionary project entitlement approval on or before May 7, 2012 and the following milestones are met: 1. Project has submitted an approved application for building permits within 180 days after the fee going into effect or no later than January 20, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect, no later than July 20, 2013. An exception to these milestones is when there is involvement by an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. All other projects are subject to the new fees, which go into effect July 20, 2012 SUMMARY Staff is recommending approval of the proposed resolution and ordinances based on the following reasons: • The per unit fee established herein allows developers to easily calculate development impact fees • The fees established herein meet the City's changing requirement for public safety, streets and signals, storm drainage and other quality of life facilities • Allows for payment of Developer Impact fees at the time the impact is imposed on the system, therefore later in the development process. Environmental Status: Not applicable Strategic Plan Goal: Improve the City's infrastructure Item 9. - 7 HB -142- 62 436 REQUEST FOR COUNCIL ACTION MEETING DATE: 5/07/2012 DEPARTMENT ID NUMBER: PL 2012-007 Attachment(s): ., esc:ption 1. Resolution No. 2012 - 23 "A Resolution of the City Council of the City of Huntington Beach adopting the Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, and establishing new and revised Development Impact Fees." 2. Ordinance No. 3942 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.75 relating to Development Impact Fees for Police Facilities ." 3. Ordinance No. 3943 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.74 relating to Development Impact Fees for Fire Facilities." 4. Ordinance No. 3944 "An Ordinance of the City of Huntington Beach amending Chapter 17.65 of the Huntington Beach Municipal Code relating to Traffic Impact Fees." 5. Ordinance No. 3945 "An Ordinance of the City of Huntington Beach deleting Chapter 17.66 of the Huntington Beach Municipal Code and adding Chapter 17.67 relating to Library Development Impact Fees." 6. Ordinance No. 3946 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.76 relating to Parkland Acquisition and Park Facilities Development Impact Fees." 7. Ordinance No. 3947 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by adding Chapter 17.73 relating to the General Provisions for Development Impact Fees." 8. Comparison of Current vs. Proposed Development Impact Fees 9. Master Facilities Plan, prepared by Revenue & Cost Specialists, L.L.C. October 2011, (Amended April 27, 2012) 10. Development Impact Fee Calculation and Nexus Report, prepared by Revenue & Cost Specialists, L.L.0 October 2011, (Amended April 27, 2012) 63 437 ATTACHMENT #1 64 438 RESOLUTION NO, 2012-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT FOR THE CITY OF HUNTING TON BEACH, AND ESTABLISHING NEW AND REVISED DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN THE CITY WHEREAS, several policies within the City's General Plan require that new development mitigate its share of the impacts to the natural and built environments and be fiscally neutral so as to not result in a net economic loss for the City; and Such General Plan policies include the maintenance of existing quality of life, maintenance of existing service levels and funding of new facilities, the requirement of new development to mitigate a fair share of its impacts, and calling for the use of impact fees to fund needed improvements to serve new development, among other policies; and In accordance with these General Plan policies, the City Council has directed staff in the past to create development impact fees in accordance with State law. Said impact fees were codified in Chapter 17.65 and Chapter 17.66 of the Huntington Beach Municipal Code as well as Huntington Beach Zoning and Subdivision Ordinance Chapter 230.20. Pursuant to each ordinance set forth above, the amount of the development impact fee is to be set and/or updated by resolution of the City Council; and Subsequently, and periodically, staff has conducted comprehensive reviews of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to new development; those fees are set forth in Resolutions 6164, 2006- 23, 2000-97, 2004-88, 99-60 and 96-71; 2002-129, 2004-88 and The City contracted with Revenue & Cost Specialists, LLC to provide a updated comprehensive evaluation of the City's existing development impact fees; and Revenue & Cost Specialists, LLC prepared a report, entitled Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach, dated October, 2011 as amended April 27, 2012 (the "Nexus Report"), that provides an evaluation of existing development impact fees, recommends an increase and change in methodology in certain development impact fees, the creation of new impact fees and establishes the nexus between the imposition of such impact fees and the estimated reasonable cost of providing the service for which the fees are charged; and The Nexus Report has been available for public review and comment; and The Nexus Report substantiates the need for a modification to existing fees to change certain methodology as well as creation of new impact fees; and 1 12-3209.006/79289 65 439 Resolution No. 2012-23 The City has collected development impact fees to mitigate the impacts of new development, including fees for transportation, park land acquisition and development, library and other public facilities since the adoption of the respective ordinances and resolutions; and The City Council desires to repeal certain resolutions, create and update other development impact fee resolutions in accordance with the calculations and recommendations contained in the Nexus Report; and In compliance with the Mitigation Fee Act, California Government Code section 66000 et seq., the City Council held a noticed public hearing on the proposed increase in development impact fees at its regular meeting on 2012, to solicit public input on the proposed increases to development impact fees, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Findings pursuant to Government Code section 66001. The City Council finds and determines that the Nexus Report complies with California Government Code section 66001, and as to each of the proposed fees to be imposed on new development: (a) Identifies the purpose of the fee; (b) Identifies the use to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; (d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed. 2. Fees for Uses Consistent with the Nexus Report. The City Council hereby determines that the fees imposed, pursuant to this resolution shall be used solely to finance the public facilities and/or equipment and park land acquisition described or identified in the respective ordinances and Nexus Report. 3. Approval of Items in the Nexus Report. The City Council has considered the specific public facilities, equipment and park land acquisition cost estimates identified in the Nexus Report and each ordinance thereto and hereby approves such public facilities, equipment and park land acquisition cost and cost estimates and further finds that the cost estimates serve as a reasonable basis for calculating and imposing the development impact fees as set forth in the Nexus Report. 2 12-3209.006/79289 66 440 Resolution No. 2012-23 4. Consistency with General Plan. The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those policies that require new development to mitigate its share of the impacts to City infrastructure and to be fiscally neutral. 5. Differentiation among Public Facilities. The City Council finds that the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected by the City. To the extent that other fees imposed and collected by the City, including Specific Plan fees are used to fund the construction of the same public facilities identified in the respective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision, this resolution shall not be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. CEQA Finding. The adoption of the Nexus Report and the increase in development impact fees are not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(b) (4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is not defined as a "project" under CEQA. 7. Adoption of Report. The Nexus Report as amended April 27, 2012, including Appendices, is hereby adopted. 8. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 5, 2012 and the following milestones are met: 1. Project applicant has submitted an approved application for building permits within 180 days after the fee going into effect or no later than February 18, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority, in his/her sole discretion, to extend milestone dates for qualifying "grandfathered" projects. All other projects are subject to the fees then in effect. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 9. Timing of Fee. The development impact fees imposed by this resolution shall be paid pursuant to the ordinances or resolution creating each separate fee. Until final action is 3 12-3209.006/79289 67 441 Resolution No. 2012-23 taken by City Council adopting the ordinances or resolution referenced herein, resolutions 6164, 2006-23, 2000-97, 99-60, 2004-88 and 96-71 shall remain in effect. 10. Amount of Fee. The City Council hereby approves and adopts the Development Impact Fees as set forth in Exhibit "A," attached hereto and incorporated herein as well as Nexus Report Schedules 3.2, 4.3, 5.2, 6.2, 7.1, 8.1, and 8.4. Exhibit A and the Nexus Report sets forth the methodology and aggregate amount imposed as a development impact fee for both residential and nonresidential land uses and also sets forth the breakdown of each development impact fee by type of facility. The amount of the development impact fees excluding traffic impact fees shall be automatically modified annually pursuant to the the percentage of increase or decrease in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, from March to March of the preceding twelve (12) months. Traffic impact fees shall be increased using the Engineering News Record's construction cost index as reported for the twelve month period ending in March of each year. The escalator indices provided herein shall not take effect until March of 2016. 11. Use of fee. The development impact fees shall be solely used for the purposes described in the respective ordinances creating the fees and the Nexus Report. Fees collected pursuant to existing ordinances and resolutions shall be maintained and used exclusively for those purposes and accounts for these fees shall remain in effect and shall be maintained by the City Manager or his/her designee. Fees collected under any of the categories listed in the Nexus Report may be used to finance the construction or implementation of any public facility listed in those categories to the extent that use of the fees may not exceed the percentage allocated to new development of all of the public facilities listed in the category, or sub-category. 12. Fee Determination by Type of Use. A. Residential Development. Development impact fees for residential development shall be based upon the type of unit constructed. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. B. Nonresidential Land Uses. Development impact fees for nonresidential land uses shall be based upon the square footage of the building or other measurement detailed in the respective development impact fee ordinances. The development impact fee categories as shown in Exhibit A generally correspond to the City's land use designations in the land use element of the City's General Plan. C. Uses Not Specified. In the event that there are land uses not specified in Exhibit A, the development impact fee for such use shall be determined by the City Manager or 4 12-3209.006/79289 68 442 Resolution No. 2012-23 his/her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities, equipment and/or park land. 13. Prior Resolutions Superseded. As provided herein the development impact fees approved and adopted by this resolution shall supersede and repeal any previously adopted development impact fee resolutions concerning the same, including 6164, 96-71, 99-60, 2000-97, 2004-88 and 2006-23, 2002-129, 2004-88. 14. Severability. If any action, subsection, sentence, clause or phrase of this resolution, the Nexus Report, or other attachments thereto, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution the Nexus Report, or other attachments thereto or fees levied by this resolution that can be given effect without the invalid provisions or application of fees. In the event any section of this resolution is held invalid the previously adopted affected fees shall be automatically reinstate as if never repealed or modified herein. 15. Effective Date. Consistent with California Government Code section 66017(a), the fees as identified in attached Exhibit "A" adopted by this resolution shall take effect sixty (60) days following final action taken on the respective ordinances or amendments thereto by the City Council. 16. Appeals. Appeals of any fees, including methodology, use, land valuation etc. created pursuant to this resolution shall be conducted as set forth in Huntington Beach Municipal Code Chapter 17.73. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor REVIEWED AND APPROVED: City Manager 1NITTirop„Ldr a gOVED: j 4d1. 100 111t Deputy City Manager APPROVED AS TO FORM: C---1-6ty Attorne y 5 12-3209.006/79289 69 443 Resolution No. 2012-23 EXHIBIT A 70 444 Land Use Resolution No. 2012-23 Exhibit A: Staff Recommendation Development Impact Fees (Effective 9/2/2012) Circulation System Law Fire (Streets, Enforcement Suppression Signals, Public Library Facilities* Facilities* Bridges)* Facilities Park Land/ Open Space & Facilities (No Tract Map)* Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $277 $571 $258 $455 $532 $1.041 $0.443 $645 $267 $1,108 $356 $794 $0.329 $0.030 $1,737 $1,220 $909 $1,062 $1,538 $4.175 $1.789 $1,172 $908 $733 No Fee No Fee No Fee No Fee $12,500 $9,685 $7,818 $459 $359 $0.954 $0.772 *Represents 70% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) Land Use Development Impact Fees (Effective 9/2/2013) Circulation System Law Fire (Streets, Enforcement Suppression Signals, Public Library Facilities* Facilities* Bridges)* Facilities Park Land/ Open Space & Facilities (No Tract Map)* Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $317 $652 $295 $455 $532 $1.041 $0.443 $738 $306 $1,266 $356 $794 $0.329 $0.030 $1,986 $1,395 $1,039 $1,062 $1,538 $4.175 $1.789 $1,172 $908 $733 No Fee No Fee No Fee No Fee $14,286 $11,068 $8,935 $459 $359 $0.954 $0.772 *Represents 80% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) June 4 Consultant-Staff Recom Fee Date Printed: 5/24/2012 71 445 Land Use Resolution No. 2012-23 Exhibit A: Staff Recommendation Development Impact Fees (Effective 9/2/2014) Circulation System Law Fire (Streets, Enforcement Suppression Signals, Public Library Facilities* Facilities* Bridges)* Facilities Park Land/ Open Space & Facilities (No Tract Map)* Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $356 $734 $332 $455 $532 $1.041 $0.443 $830 $344 $1,425 $356 $794 $0.329 $0.030 $2,226 $1,563 $1,165 $1,062 $1,538 $4.175 $1.789 $1,172 $908 $733 No Fee No Fee No Fee No Fee $16,071 $12,452 $10,052 $459 $359 $0.954 $0.772 *Represents 90% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) June 4 Consultant-Staff Recom Fee Date Printed: 5/24/2012 72 446 Resolution No. 2012-23 Exhibit A: Staff Recommendation Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 50.22 $ 1,737.61 /Unit Apartment 6.15 7.9 0.5 24.3 $ 50.22 $ 1,220.35 /Unit Condominium/Townhou se 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 50.22 $ 908.98 /Unit RESORT/TOURIST (per Unit or Entry Door) Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room iNpusTRIAL41 per tow SF) General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf commp3ppw(por, 1;001§E) Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf OTHER(as noted) Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market (avg) 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Position Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position Page 3 73 447 6.151 7 .91 0.51 24.31 $ 57.39 1 $ 5.361 7.91 0.51 21.21 $ 57.39 1 $ 4.571 7.9 0.51 18.11$ 57.39 1$ 1,038.76 1/Unit Apartment Condominium/ Townhouse Mobile Home Dwelling 1,394.58 /Unit 1,216.67 /Unit 0.5 4.3 50.4 $ 64.34 $ 3,242.74 /1,000 sf 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf /Fuel Position 0.5 213.6 $ 64.34 $ 13,743.02 23.45 2.47 5.92 22.21 7.16 8.8 30.2 4.3 11.42 4.3 62.93 8.9 4.3 43.57 4.3 13.97 4.3 3.07 4.3 107.69 4.3 99.35 4.3 4.3 Office Park Research Park Business Park Bldg. Materials/Lumber Store Garden Center Movie Theater Church Medical-Dental Office General Office Building Shopping Center Hospital Discount Center High-Turnover Restaurant Convenience Market Office Park OTHER (as noted) Cemetery Service Station/Market (avg) Service Station w/Car Wash 7.42 8.8 0.5 32.6 $ 64.34 $ 5.01 8.8 0.5 22.0 $ 64.34 $ 9.34 8.8 0.5 41.1 $ 64.34 $ 29.351 4.31 0.51 63.11$ 64.34 1$ 4.3 $ 64.34 341.00 /1,000 sf 0.5 5.3 4.3 12.7 $ 64.34 817.12 /1,000 sf 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf 8.8 0.5 2,097.48 /1,000 sf 1,415.48 /1,000 sf 2,644.37 /1,000 sf 4,059 85 /1,000 sf 64.9 $ 64.34 $ 4,175.67 /1,000 sf 24.6 $ 64.34 $ 1,582.76 /1,000 sf 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf 0.5 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf 6.6 $ 64.34 $ 424.64 1/Acre /Fuel 231.5 $ 64.34 $ 14,894.71 1 Position 0.5 0.5 0.5 Resolution No. 2012-23 Exhibit A: Staff Recommendation Schedule of Rates for Traffic Impact Fees (Effective 9/2/2013) Adjusted Average Trip-end to Additional Cost per Cost per 1000 sq. ft, Land Use Trip Ends Distance Trip Trip Miles Trip Mile dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.761 7 .9 1 0.51 34.61 $ 57.39 1 $ 1,985.69 1/Unit RESORT/TOURIST (per Unit or Entry Door Hotel 6.29 3.77 4.34 7.6 7.6 7.6 0.5 0.5 0.5 23.9 14.3 16.5 $ 64.34 $ 64.34 $ 64.34 $ 1,537.73 /Room 920.06 /Room $ 1,061.61 /Room All Suites Hotel Motel INDUSTRIAL ( per 1,000 SF) General Light Industrial Heavy Industrial Manufacturing Warehousing COMMERCIAL (per 1,000 SF) 6.17 9.0 5.97 9.0 2.73 9.0 4.39 9.0 27.8 $ 64.34 $ 1,788.65 /1,000 sf 26.9 $ 64.34 $ 1,730.75 /1,000 sf 12.3 $ 64.34 $ 791.38 /1,000 sf 19.8 $ 64.34 $ 1,273.93 /1,000 sf 0.5 0.5 0.5 0.5 Page 4 74 448 Resolution No. 2012-23 Exhibit A: Staff Recommendation Schedule of Rates for Traffic Impact Fees (Effective 9/2/2014) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND::LISES:(Per'Unit):. Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 64.34 $ 2,226.16 /Unit Apartment 6.15 7.9 0.5 24.3 $ 64.34 $ 1,563.46 /Unit Condominium/ Townhouse 5.36 7.9 0.5 21.2 $ 64.34 $ 1,364.01 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 64.34 $ 1,164.55 /Unit Rp:O.RT/TRVI:31.ST (per unit or gotit Door) Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room INpusTRim, (:pek1j0:00 SP):, General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf Manufacturing 2.73 9.0 0.5 12.3 $ 64.34 $ 791.38 /1,000 sf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf COMMERCIAL (per 1,000 $F)::: Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf OTHER (as noted.: Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre Service Station/Market Sag ) 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Poon Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position Page 5 75 449 76 450 77 451 78 452 79 453 80 454 81 455 82 456 83 457 84 458 85 459 86 460 87 461 Exhibit A-3 Aternative Fee SclifedtAntsi89.S°12-23 Schedule of Rates for Traffic Impact Fees (Effective 9/2/2012) Land Use Adjusted Trip Ends Average Distance Trip-end to Trip , Additional Trip Miles Cost per Trip Mile Recommended Cost per 1000 sq. ft, dwelling unit or other unit (90% of original) 30% Increase Scenario Cost per 1000 sq. ft, dwelling unit or other unit RESIDENTIAL LAND USES (per Unit) Detached Dwelling Unit 8.76 7.9 0.5 34.6 $ 50.22 1,737.61 /Unit 1,722.55 /Unit Apartment 6.15 7.9 0.5 24.3 $ 50.22 $ 1,220.35 /Unit $ 1,209.50 /Unit Condominium/Townhouse 5.36 7.9 0.5 21.2 $ 50.22 $ 1,064.66 /Unit 1,054.55 /Unit Mobile Home Dwelling 4.57 7.9 0.5 18.1 $ 50.22 $ 908.98 /Unit 899.59 /Unit RESORT/TOURIST (per Unit or Entry Door Hotel 6.29 7.6 0.5 23.9 $ 64.34 $ 1,537.73 /Room $ 1,218.63 /Room All Suites Hotel 3.77 7.6 0.5 14.3 $ 64.34 $ 920.06 /Room 729.93 /Room Motel 4.34 7.6 0.5 16.5 $ 64.34 $ 1,061.61 /Room $ 841.02 /Room INDUSTRIAL ( per 1,000 SF) General Light Industrial 6.17 9.0 0.5 27.8 $ 64.34 $ 1,788.65 /1,000 sf $ 1,279.46 /1 ,000 Heavy Industrial 5.97 9.0 0.5 26.9 $ 64.34 $ 1,730.75 /1,000 sf $ 1,238.01 c/f1,000 Manufacturing 2.'73 9.0 0.5 '12.3 $ 64.34 $ 791.38 /1,000 sf 566.11 , /1,000 cf Warehousing 4.39 9.0 0.5 19.8 $ 64.34 $ 1,273.93 /1,000 sf 910.74 /1,000 cf COMMERCIAL (per 1,000 SF) Office Park 7.42 8.8 0.5 32.6 $ 64.34 $ 2,097.48 /1,000 sf $ 1,522.61 000 /1, sf Research Park 5.01 8.8 0.5 22.0 $ 64.34 $ 1,415.48 /1,000 sf $ 1 ,027.85 /1,000 sf Business Park 9.34 8.8 0.5 41.1 $ 64.34 $ 2,644.37 /1,000 sf $ 1,917.85 /1,000 sf Bldg. Materials/Lumber Store 29.35 4.3 0.5 63.1 $ 64.34 $ 4,059.85 /1,000 sf $ 4,059.85 /1,000 sf Garden Center 23.45 4.3 0.5 50.4 $ 64.34 $ 3,242.74 /1,000 sf $ 3,242.74 /1,000 sf Movie Theater 2.47 4.3 0.5 5.3 $ 64.34 $ 341.00 /1,000 sf $ 341.00 /1,000 sf Church 5.92 4.3 0.5 12.7 $ 64.34 $ 817.12 11,000 sf $ 817.12 /1,000 sf Medical-Dental Office 22.21 8.8 0.5 97.7 $ 64.34 $ 6,286.02 /1,000 sf $ 4.559.89 sf General Office Building 7.16 8.8 0.5 31.5 $ 64.34 $ 2,026.71 /1,000 sf $ 1,470.08 /10 00 ' sf Shopping Center 30.2 4.3 0.5 64.9 $ 64.34 $ 4,175.67 /1,000 sf $ 4,175.67 /1,000 sf Hospital 11.42 4.3 0.5 24.6 $ 64.34 $ 1,582.76 /1,000 sf $ 1,582.76 /1,000 sf Discount Center 62.93 4.3 0.5 135.3 $ 64.34 $ 8,705.20 /1,000 sf $ 8,705.20 /1,000 sf High-Turnover Restaurant 8.9 4.3 0.5 19.1 $ 64.34 $ 1,228.89 11,000 sf $ 1,228.89 /1,000 sf Convenience Market 43.57 4.3 0.5 93.7 $ 64.34 $ 6,028.66 /1,000 sf $ 6,028.66 /1,000 sf Office Park 13.97 4.3 0.5 30.0 $ 64.34 $ 1,930.20 /1,000 sf $ 1,930.20 /1,000 sf OTHER (as noted) Cemetery 3.07 4.3 0.5 6.6 $ 64.34 $ 424.64 /Acre $ 424.64 /Acre Service Station/Market (avg) 107.69 4.3 0.5 231.5 $ 64.34 $ 14,894.71 /Fuel Position $ 14,894.71 /Fuel Position Service Station w/Car Wash 99.35 4.3 0.5 213.6 $ 64.34 $ 13,743.02 /Fuel Position $ 13,743.02 /Fuel Position Page 2 88 462 89 463 90 464 ATTACHMENT #2 91 465 ORDINANCE NO. 3942 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.75 RELATING TO DEVELOPMENT IMPACT FEES FOR POLICE FACILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter 17.73, said chapter to read as follows: Chapter 17.75 POLICE FACILITIES DEVELOPMENT IMPACT FEES Sections 17.75.010 Legislative findings. 17.75.020 Intent and Purpose. 17.75.030 Definitions. 17.75.040 Police Facilities Development Impact Fee. 17.75.050 Fund Established. 17.75.060 Fee imposed. 17.75.070 Calculation of Police Facilities Development Impact Fee. 17.75.075 Fee Payments for Phased Development Projects 17.75.076 Fee Adjustments. 17.75.080 Payment of fee. 17.75.090 Use of funds. 17.75.100 Refund. 17.75.110 Exemptions and credits. 17.75.120 Appeals. 17.75.130 Credit for Construction of Non-Site Related Improvements. 17.75.140 Eligible Expenditures from Fee Reserve Account 17.75.150 Annual report and amendment procedures. 17.75.160 Effect of Police Facilities Development Impact Fee on zoning and subdivision regulations. 17.75.170 Violation—Penalty. 17.75.180 Severability. 12-3209.001/78649 92 466 Ordinance No. 3942 17.75.010 - Legislative findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact Development Impact Fees. B. The imposition of Development Impact Fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of increased police services and facilities which are needed to serve the increasing development in the City. D. Pursuant to the "Development Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional police services attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the acquisition of additional property for police facilities; the construction of buildings for police services; the furnishing of buildings or facilities for police services; and the purchasing of equipment and vehicles for police services. E. The fees collected pursuant to this Chapter shall be used to finance the police facilities and equipment identified in herein in furtherance of the City's General Plan, as well as the Nexus Report and its attached Master Facilities Plan and the City of Huntington Beach Capital Improvement Plan. F. Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for new police facilities and equipment has been prepared. This study is included in the Nexus Report. G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the police facilities and equipment set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of the facilities and equipment or portion thereof attributable to the development on which the fee is imposed. 2 12-3209.001/78649 93 467 Ordinance No. 3942 17.75.020 — Intent and Purpose. A Police Facilities Development Impact Fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional facility and equipment and vehicle costs required to support needed police facilities and related costs necessary to accommodate such development. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan, and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's police services are maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's Police Department, together with funding available from other City revenue sources, the City will be able to construct the required capital improvements, accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan and Master Facilities Plan, a part of the Nexus Report. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.75.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.75.040 - Police Facilities Development Impact Fee. There is imposed a Police Facilities Development Impact Fee on all new non-subdivided Residential and Nonresidential development. 17.75.050 - Fund established. A Police Facilities Development Impact Fee fund is established. The Police Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of police facilities and equipment as set forth in the Nexus Report which includes the Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new residential and nonresidential construction. 17.75.060 - Fee imposed. A. Any person who, 60 days after the effective date of this Development Impact Fee Ordinance, seeks to engage in non-subdivided Residential or Nonresidential development including mobilehome development by obtaining a building permit or other discretionary approval is required to pay a Police Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. 3 12-3209.001/78649 94 468 Ordinance No. 3942 B. No certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for a mobilehome pad or pads, as applicable, for the activities listed in this Chapter, shall be issued unless and until the Police Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.75.070 - Calculation of Police Facilities Development Impact Fee. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Police Facilities Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director of Planning and Building shall calculate the amount of the applicable Police Facilities Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Police Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Police Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Police Facilities Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by the Police Facilities Development Impact Fee amount as established by the current fee resolution. The gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the accessory use is related to another principal use. 17.75.075 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of 4 12-3209.001/78649 95 469 Ordinance No. 3942 the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.75.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.75.080 - Payment of fee. A. The City shall collect from the applicant the Police Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit approval or construction approval for mobilehome pad or pads, whichever occurs first. B. Except for any administrative charge allocated to the City, all funds collected shall be properly identified and promptly transferred for deposit in the Police Facilities Development Impact Fee fund and used solely for the purposes specified in this Chapter. 17.75.090 - Use of funds. A. Funds collected from the Police Facilities Development Impact Fee shall be used to fund the costs of providing additional police services attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for law enforcement facilities; 2. The construction of new facilities for law enforcement services; 3. The furnishing of new buildings or facilities for law enforcement services; 4. The purchase of new specialty equipment and vehicles for law enforcement services; 5. The funding of a master plan to identify capital facilities to serve new police department development; 6. The cost of financing (e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, the City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget or City Council approved development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings, and/or existing vehicles or equipment. 5 12-3209.001/78649 96 470 Ordinance No. 3942 C.Revenue raised would be limited to capitalized cost related to growth. D.In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Police Facilities Development Impact Fees may be expended, Development Impact Fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E.Funds may be used to provide refunds as described in this Chapter. 17.75.100 - Refund. A.Any applicant who has paid a Police Facilities Development Impact Fee pursuant to this Chapter may apply for a full or partial refund of same, if, within one (1) year after collection of the Police Facilities Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Police Facilities Development Impact Fee actually paid. B.Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section must be filed within ninety (90) days after the payment of the fees. C.City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 17.74.110 Exemptions and credits. A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or mobilehome construction approval. Any claim of exemption must be filed in the same manner and will be considered pursuant to 6 12-3209.001/78649 97 471 Ordinance No. 3942 the same procedure as for a fee adjustment as provided in Chapter 17.73. The following shall be exempted from payment of the Police Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional police services will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional police services will be required over and above those provided by the original use of the land; c. The construction of residential accessory buildings, structures or uses which will not require additional police services over and above those provided by the principal building or use of the land; d. The installation of a replacement mobilehome on a lot or other such site when a Police Facilities Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e. Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in 7 12-3209.001/78649 98 472 Ordinance No. 3942 the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in- interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Police Facilities Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or, and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 17.75.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code. 17.74.130 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements 17.75.140 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on the projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time 8 12-3209.001/78649 99 473 Ordinance No. 3942 to document the reasonable fair share of the costs to mitigate the police services impacts of new development. 17.75.150 - Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Police Chief of the City of Huntington Beach shall evaluate progress in implementation of the Police Facilities Development Impact Fee program and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. The police facilities and equipment commenced, purchased or completed utilizing monies from this Police Facilities Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Police Facilities Development Impact Fees in the fund; and 4. Recommended changes to the Police Facilities Development Impact Fee, including, but not necessarily limited to changes in this Police Facilities Development Impact Fee chapter or the fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Police Facilities Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Police Facilities Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Police Facilities Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.75.160 - Effect of Police Facilities Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.75.170 - Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal 9 12-3209.001/78649 100 474 Chief of Police INITIATED AND APPROVED: APPROVED AS TO FORM: Ordinance No. 3942 prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.75.180 - Severabilitv. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July , 20 12 10 12-3209.001/78649 101 475 ATTACHMENT #3 102 476 ORDINANCE NO. 3943 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.74 RELATING TO THE DEVELOPMENT IMPACT FEES FOR FIRE FACILITIES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 17.74, said chapter to read as follows: Chanter 17.74 FIRE FACILITIES DEVELOPMENT IMPACT FEE Sections 17.74.010 Legislative findings. 17.74.020 Intent and Purpose. 17.74.030 Definitions 17.74.040 Fire Facilities Development Impact Fee. 17.74.050 Fund Established. 17.74.060 Fee imposed. 17.74.070 Calculation of Fire Facilities Development Impact Fee. 17.74.075 Fee Payments for Phased Development Projects 17.74.076 Fee Adjustments 17.74.080 Payment of fee. 17.74.090 Use of funds. 17.74.100 Refund. 17.74.110 Exemptions and credits. 17.74.120 Appeals 17.74.130 Credit for Construction of Non-Site Related Improvements. 17.74.140 Eligible Expenditures from Fee Reserve Account 17.74.150 Annual report and amendment procedures. 17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision regulations. 17.74.170 Violation—Penalty. 17.74.180 Severability. 1 12-3209.001/78650 103 477 Ordinance No. 3943 17.74.010 - Legislative findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact Development Impact Fees. B. The imposition of Development Impact Fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of increased fire suppression/medic facilities, vehicles and specialty equipment which are needed to serve the increasing development in the City. D. Pursuant to the Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional fire suppression/medic facilities, vehicles and specialty equipment attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles. E. The fees collected pursuant to this Chapter shall be used to finance the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles identified herein in furtherance of the City General Plan, the Nexus Report and its attached Master Facilities Plan, and the City of Huntington Beach Master Improvement Plan. F. A detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles has been prepared. This study is included in the Nexus Report. G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of 2 12-3209.001/78650 104 478 Ordinance No. 3943 the facilities and equipment or portion thereof attributable to the development on which the fee is imposed. 17.74.020 — Intent and Purpose. A Fire Facilities Development Impact Fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional facility and equipment and vehicle costs required to support needed acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and increase the number of emergency response vehicles and related costs necessary to accommodate such development. This Chapter is intended to implement goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan, which is a part of the Nexus Report, and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's acquisition, relocation and expansion of fire stations; the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment, and the increase in the number of emergency response vehicles are maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's Fire Department, together with funding available from other City revenue sources, the City will be able to construct the required capital improvements, accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan, the Nexus Report and its attached Master Facilities Plan. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.74.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.74.040 - Fire Facilities Development Impact Fee. There is imposed a Fire Facilities Development Impact Fee on all non-subdivided, new Residential and Nonresidential development. 17.74.050 - Fund established. A Fire Facilities Development Impact Fee fund is established. The Fire Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of Fire facilities and equipment as set forth the Nexus Report which includes the Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new Residential and Nonresidential construction 3 12-3209.001178650 105 479 Ordinance No. 3943 17.74.060 - Fee imposed. A. Any person who, 60 days after the effective date of this Development Impact Fee, seeks to engage in non-subdivided Residential or Nonresidential development including mobilehome development by obtaining a building permit or other discretionary approval is required to pay a Fire Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. B. No certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for a mobilehome pad or pads, as applicable, for the activities listed in this Chapter, shall be issued unless and until the Fire Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.74.070 - Calculation of Fire Facilities Development Impact Fee. A. At the time of the issuance of the building peimit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Fire Facilities Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director shall calculate the amount of the applicable Fire Facilities Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Fire Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Fire Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Fire Facilities Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by the Fire Facilities Development Impact Fee amount as established by the current fee resolution. The gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Director finds that the accessory use is related to another principal use. 4 12-3209.001/78650 106 480 Ordinance No. 3943 17.74.075 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.74.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.74.080 Payment of fee. A. The City shall collect from the applicant the Fire Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, or final building permit approval or construction approval for mobilehome pad or pads, whichever occurs first. B. Except for any administrative allocated to the City, all funds collected shall be properly identified and promptly transferred for deposit in the Fire Facilities Development Impact Fee fund and used solely for the purposes specified in this Chapter. 17.74.090 Use of funds. A. Funds collected from the Fire Facilities Development Impact Fee shall be used to fund the costs of providing additional Fire suppression/medic facilities, vehicles and specialty equipment attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for fire department facilities; 2. The construction of new facilities for fire department services; 3. The furnishing of new buildings or facilities for fire department services; 4. The purchase of new specialty equipment and vehicles for fire department services; 5. The funding of a master plan to identify capital facilities to serve new Fire Department development; 6. The cost of financing (e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, the City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved development projects. 5 12-3209.001/78650 107 481 Ordinance No. 3943 B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings, and/or existing vehicles or equipment. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Fire Facilities Development Impact Fees may be expended, Development Impact Fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.74.100 Refund. A. Any applicant who has paid a Fire Facilities Development Impact Fee pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Fire Facilities Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Fire Facilities Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section must be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds, will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 6 12-3209.001/78650 108 482 Ordinance No. 3943 17.74.110 Exemptions and credits. A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or mobilehome construction approval. Any claim of exemption must be filed in the same manner and will be considered pursuant to the same procedure as for a fee adjustment as provided in this Chapter 17.73. The following shall be exempted from payment of the Fire Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional Fire suppression/medic facilities, vehicles and specialty equipment will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional Fire suppression/medic facilities, vehicles and specialty equipment will be required over and above those provided by the original use of the land; c. The construction of residential accessory buildings, structures or uses which will not require additional Fire suppression/medic facilities, vehicles and specialty equipment over and above those provided by the principal building or use of the land; d. The installation of a replacement mobilehome on a lot or other such site when a Fire Facilities Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e. Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very 7 12-3209.001/78650 109 483 Ordinance No. 3943 low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Fire Facilities Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or, and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 17.74.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code. 17.74.130 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-fire-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements 17.74.140 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time to document the 8 12-3209.001/78650 110 484 Ordinance No. 3943 reasonable fair share of the costs to mitigate the fire suppression/medic facilities, vehicles and specialty equipment impacts of new development. 17.74.150 Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Fire Chief of the City of Huntington Beach shall evaluate progress in implementation of the Fire Facilities Development Impact Fee and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. The Fire facilities and equipment commenced, purchased or completed utilizing monies from the Fire Facilities Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Fire Facilities Development Impact Fees in the fund; and 4. Recommended changes to the Fire Facilities Development Impact Fee, including, but not necessarily limited to changes in this Fire Facilities Development Impact Fee chapter or the fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Fire Facilities Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Fire Facilities Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Fire Facilities Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.74.160 Effect of Fire Facilities Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.74.170 Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.74.180 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall 9 12-3209.001/78650 111 485 ATTEST: City Clerk ?,PROVED AS TO FORM: City Attorney Ordinance No. 3943 be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor REVIEWED AND APPROVED: City Manager 10 12-3209.001/78650 112 486 ATTACHMENT #4 113 487 ORDINANCE NO. 3944 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.65 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO TRAFFIC IMPACT FEES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 17.65.015 is hereby added to Chapter 17.65, said section to read as follows: 17.65.015 - Legislative findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees. B. The imposition of development impact fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential and nonresidential development in the City creates a need for increased funds to pay for the cost of street, traffic signal and bridge improvements which are needed to serve the increasing development in the City. D. Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional street, traffic signal and bridge improvements attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify existing circulation system elements. E. The fees collected pursuant to this Chapter shall be used to finance the possible acquisition and expansion of circulation systems identified herein in furtherance of the City's General Plan, as well as the Master Facilities Plan which is part of the Nexus Plan and the City of Huntington Beach Capital Improvement Plan. F. Detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for the potential acquisition and expansion of circulation systems has been prepared. This study is included in the Nexus Report. 12-3209.004/76802 1 114 488 Ordinance No. 3944 G. As set forth in the Nexus Report, there is a reasonable relationship between the need for the potential acquisition and expansion of existing circulation system elements and increase the number of vehicles set forth in this Chapter and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of the system or portion thereof attributable to the development on which the fee is imposed. SECTION 2. Sections 17.65.050, 17.64.070, 17.65.090, 17.65.100, and 17.65.120 of the Huntington Beach Municipal Code are hereby amended to read as follows: 17.65.050 Establishment of a Fair Share Traffic Impact Mitigation Fee. A Fair Share Traffic Impact Mitigation Fee is hereby established. Any person who, 60 days after the effective date of this Chapter, seeks to develop land, or modify the use of land within the City, by applying for a building permit or other entitlement for use, or an extension of a building permit or other entitlement for use previously granted, for a development project that will generate net additional vehicle trips on City streets, is hereby required to pay a Fair Share Traffic Impact Mitigation Fee in the manner and amount specified in the current City of Huntington Beach Fee Resolution separately adopted. The City Council shall, by resolution, set the specific amount of the fee, applicability of the fee, a formula for adjusting the fee to account for annual inflation in transportation improvement construction costs, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be constructed, and describe the estimated cost of these facilities. This fee shall be adjusted as provided in the resolution setting the specific amount of the Fee. 17.65.070 Calculation and Payment of the Traffic Impact Fee (a) Fee Calculation. The Public Works Director shall be responsible for calculating the Fair Share Traffic Impact Mitigation Fee required by this Chapter, in accordance with the Fair Share Traffic Impact Mitigation Fee Schedule adopted by resolution of the City Council. The applicable amount of the fee shall be estimated at least 60 days prior to the first public hearing for any discretionary planning approvals required by City Zoning and Subdivision Ordinance. The estimated fee shall identify the use category, the vehicle trip-miles for the use and the total estimated for fee based upon the proposed size of the developments. The fee estimated shall be recalculated as needed at the time a building permit is issued, based on the vehicle trip generation characteristics of the final development plan for which the building permit is issued. (b) Payment Procedure for Commercial or Industrial Development Projects. Fees required by this Chapter from a New Commercial or Industrial Development Project shall be paid at the time that the City issues a building permit for the Project. ( (c) Payment Procedure for Residential Development Projects. The fee required by this Chapter from a New Residential Development Project shall be paid before final inspection of the dwelling unit on which the fee was imposed. However, the Planning Director may adopt procedures to advance the time the fee is due on Residential Development Projects consistent with Government Code Section 66007, as amended. 12-3209.004/76802 2 115 489 Ordinance No. 3944 (d) Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the vehicle trip characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that the vehicle trips for that phase represent of the total development project's vehicle trips. The fee per vehicle trip shall be the fee in effect at the time payment is due. (3827-4/09, 3879-6/10) (e) Deposit of Fees. All Traffic Impact Fees collected shall be transferred for deposit into a separate reserve account, as specified in this Chapter, and used solely for the purposes specified in this Chapter. (3827-4/09, 3879-6/10) 17.65.090 Fee Refunds. Upon application, fees collected by the City pursuant to this Chapter shall be refunded only under the following circumstances: (a) Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Public Works Director that they were erroneously or illegally collected, or if the City is compelled to do so pursuant to a final judgment by a court of competent jurisdiction. An application for a refund pursuant to this Section shall be filed within ninety (90) days after the payment of the fees pursuant to Section 17.65.070. (b) City Failure to Commit Funds. Pursuant to Government Code Section 66001(e), fees will be refunded if the City fails to commit them to a surface transportation improvement project of the nature or type identified in the Master Facilities Plan, which is part of the Nexus Report, within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds, will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 17.65.100 Fee Credits for Construction of Citywide Surface Transportation Improvements (a) An applicant for a New Development project shall be entitled to a credit against the amount of the Master Facilities Plan otherwise required by this Chapter, if the applicant agrees to dedicate right-of-way needed for, or construct a traffic improvement listed in the Master Facilities Plan. No credit shall be given for site-related improvements or site- related right-of-way dedications. (b) Application. A separate application shall be filed for each adjustment request made pursuant to this Section. Such application shall be filed with the Public Works Director on a form provided by the Director, not later than: (1) Thirty (30) days prior to the first public hearing on an applicable discretionary permit application for the development project, pursuant to the City Zoning and Subdivision Ordinance; or (2) If no such discretionary permit is required, at the time of application for a building permit for the development project. Each application shall provide the documentation and assurances specified below. 12-3209.004/76802 3 116 490 117 491 Director- of Beblic Works City Manager Ordinance No. 3944 requisite nexus between the fee amount and the use of fee proceeds. City administrative costs shall not exceed ten (10) percent of the Reserve Account balance in any fiscal year. (e) No Reserve Account funds shall be used to pay for capital improvements that are associated with existing arterial street segment or signalized intersection Level of Service deficiencies, except to the extent that new development contributes to the further degradation of operations, nor shall Reserve Account funds be used for periodic surface transportation system maintenance. SECTION 3. Sections 17.65.030, 17.65.040, and 17.65.080 are hereby deleted in entirety from this chapter. SECTION 4. Section 17.65.050 is hereby added to this chapter, said section to read as follows: 17.65.150 Severabilitv. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 5. All other sections of Chapter 17.65 not modified by this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20_. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: APPROVED AS TO FORM: 1 12-3209.004/76802 5 118 492 119 493 120 494 121 495 122 496 123 497 124 498 125 499 126 500 KEY INSERTIONS: Double underline DELETIONS Strikethrough the Transportation System Needs Analysis Master Facilities Plan, or such other report as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the traffic impacts of new development. Such expenditures may include, but are not necessarily limited to the following: (a) Reimbursement for all direct and indirect costs incurred by the City to construct surface transportation improvements pursuant to this Chapter, including the cost of land and right- of-way acquisition, planning, legal advice, engineering, design, construction and equipment. Reimburse the City for the construction of surface transportation projects of the nature or type identified in the Transportation System Needs Analysis Master Facilities Plan, or such other report as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the traffic impacts of new development constructed by the City with local funds from other sources. (c) Costs of issuance or debt service associated with bonds, notes or other security instruments issued to fund surface transportation improvements identified in the Transportation System Needs Analysis Master Facilities Plan. (d) Reimbursement for administrative costs incurred by the City in establishing or maintaining the Reserve Account required by this Chapter, including the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds. City administrative costs shall not exceed ten (10) percent of the Reserve Account balance in any fiscal year. (e) No Reserve Account funds shall be used to pay for capital improvements that are associated with existing arterial street segment or signalized intersection Level of Service deficiencies, except to the extent that new development contributes to the further degradation of operations, nor shall Reserve Account funds be used for periodic surface transportation system maintenance. 17.65.130 Annual Program Review and Periodic Adjustment of the Fee Within 180 days after the last day of each fiscal year, the City Council shall review the status of compliance with this Chapter, including the amount of fees collected, expenditures from the Reserve Account, and the degree to which the fees collected pursuant to this Chapter are assisting the City to mitigate the surface transportation impacts of new development. At least every five (5) years after the effective date of the Ordinance enacting this Chapter, the Public Works Director shall prepare, and the City Council shall consider, the fee formula established to implement this Chapter, whether any adjustment in the fee foiinula or use of fee proceeds is warranted, or any other changes are needed to the procedures established by this Chapter, to fulfill the goals, objectives or policies of the City's General Plan. Each year between periodic reviews of the fee formula, the fee shall be increased by a factor to account for inflation in surface transportation construction costs, as provided in the City Council resolution setting the fee amount. (3617-10/03) 17.65.140 Preparation of Implementation Guidelines Within sixty (60) days after the effective date of the Ordinance enacting this Chapter, the Director of Public Works shall prepare administrative guidelines to implement the provisions of this Chapter. The guidelines shall include administrative procedures, example fee calculations, application forms and such other information that will assist City staff, decision makers, Huntington Beach Municipal Code Chapter 17.65 Page 9 of 11 6/2/10 12-3209.004/78740 (b) 127 501 128 502 ATTACHMENT #5 129 503 130 504 Ordinance No. 3945 17.67.010 Intent and Purpose. The purpose of this Chapter is to establish a Library Development Impact Fee upon future Development Projects, an equitable share of the cost of mitigating future Library Facility needs created by such projects. A Library Development Impact Fee is being created for the purpose of assuring that the impacts created by new developments in the City of Huntington Beach pay a fair share of the proportional costs required for expansion of library facilities and collections. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following recommendations in the Master Facilities Plan, a part of the Nexus Report (as described below), and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's expansion of library facilities and collections are maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's Library Services, together with funding available from other City revenue sources, the City will be able to construct the required capital improvements, accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan and Master Facilities Plan a part of the Nexus Repor6. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.67.015 Legislative Findings. A. The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees. B. The imposition of development impact fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C. Increase in residential development in the City increases the demand on the amount of library space and collection items. D. Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of providing additional library services attributable to applicable new residential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the expansion of the amount of library facilities space and the number of collection items in the systems. 12-3209.005/77615 2 131 505 132 506 Ordinance No. 3945 must be filed in the same manner and will be considered pursuant to the same procedure as for a fee adjustment as provided in Chapter 17.73. The following shall be exempted from payment of the Library Development Impact Fee: 1. Residential development. a.Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed and where no additional library services will be provided over and above those provided by the existing building; b.The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional library services will be required over and above those provided by the original use of the land; c.The construction of residential accessory buildings, structures or uses which will not require additional library services over and above those provided by the principal building or use of the land; d.The installation of a replacement mobilehome on a lot or other such site when a Library Development Impact Fee for such mobilehome site has previously been paid pursuant to this Chapter, or where a mobilehome legally existed on such site on or prior to the effective date of the ordinance codified in this Chapter; e.Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the replacement of one (1) mobilehome with another on the same pad, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (I) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall 12-3209.005/77615 4 133 507 Ordinance No. 3945 subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Library Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or, and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the Development Impact Fees established by this Chapter. 17.67.045 Calculation of Required Fees. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Library Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director shall calculate the amount of the applicable Library Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development or mobilehome pads in a mobilehome park or site, and multiplying the same by the Library Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Library Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location in a structure containing mixed uses which include a residential use, and multiplying the same by the Library Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area, or number of lodging units, type of use and location in a structure containing mixed uses which include two (2) or more nonresidential principal uses, and multiplying the same by the Library Development Impact Fee amount as established by the current fee resolution. The 12-3209.005/77615 5 134 508 Ordinance No. 3945 gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the accessory use is related to another principal use. 17.67.050 Payment of Fees. A The City shall collect from the applicant the Library Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, final building permit approval or construction approval for mobilehome pad or pads, whichever occurs first. B Except for any adjustment charge allocated to the City all funds collected shall be properly identified and promptly transferred for deposit in the library facilities impact fee fund and used solely for the purposes specified in this Chapter. 17.67.055 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building permits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.67.060 - Refund. A. Any applicant who has paid a Library Development Impact Fee pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Library Development Impact Fee the fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Library Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73 Appeals. An application for a refund pursuant to this Section MUST be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees 12-3209.005/77615 6 135 509 Ordinance No. 3945 are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 17.67.065 Use of Funds A. Funds collected from the Library Development Impact Fee shall be used to fund the costs of expansion of the amount of library space and the number of collection items in the Library's collection attributable to new residential construction and shall include: 1. The acquisition of additional property for Library expansion; 2. The construction of new facilities for Library Services; 3. The furnishing of new buildings or facilities for Library Services; 4. The purchase of Library collections to expand the collections; 5. The funding of a master plan to identify capital facilities to serve new users and patrons; 6. The cost of financing (e.g., interest payments). 7. Projects identified in the City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing buildings. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Library Development Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.67.070 Fee Adjustments Shall be as set forth in Chapter 17.73 of this Code 12-3209.005/77615 7 136 510 Ordinance No. 3945 17.67.072 Appeals Shall be as set forth in Chapter 17.73 of this Code 17.67.075 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall include acceptable engineering drawings, specifications and construction cost estimates submitted to the Director. The Director shall determine the amount of the credit for improvement construction based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements. 17.67.080 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on the projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the impact of new development on the expansion of Library Services and collections. 17.67.090 Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Director of Library Services of the City of Huntington Beach shall evaluate progress in implementation of the Library Development Impact Fee and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. The expansion of Library Services and collections commenced, purchased or completed utilizing monies from the Library Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Library Development Impact Fees in the fund; and Recommended changes to the Library Development Impact Fee, including, but not necessarily limited to changes in this Library Development Impact Fee chapter or fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Library Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which 12-3209.005/77615 8 137 511 INITIATED AND V_ED: .25-7;--- Dire&o(Of Efbrary Services C.) Ordinance No. 3945 increases the amount of the Library Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Library Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.67.100 Effect of Library Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 17.67.110 Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.67.120 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor ATTEST: City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager 12-3209.005/77615 9 138 512 ATTACHMENT #6 139 513 ORDINANCE NO. 3946 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 17.76 RELATING TO PARKLAND ACQUISITION AND PARK FACILITIES DEVELOPMENT IMPACT FEES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add Chapter 17.76, said chapter to read as follows: Chapter 17.76 PARKLAND ACQUISITION AND PARK FACILITIES DEVELOPMENT IMPACT FEES Sections 17.76.010 Legislative findings. 17.76.020 Intent and Purpose. 17.76.030 Definitions. 17.76.040 Parkland Acquisition, and Park Facilities Development Impact Fee. 17.76.050 Fund Established. 17.76.060 Fee imposed. 17.76.070 Calculation of Parkland Acquisition and Park Facilities Development Impact Fee. 17.76.075 Fee Payments for Phased Development Projects 17.76.076 Fee Adjustments. 17.76.080 Payment of fee. 17.76.090 Use of funds. 17.76.100 Refund. 17.76.110 Exemptions and credits. 17.76.120 Appeals. 17.76.130 Credit for Construction of Non-Site Related Improvements. 17.76.140 Eligible Expenditures from Fee Reserve Account 17.76.150 Annual report and amendment procedures. 17.76.160 Effect of Parkland Acquisition and Park Facilities Development Impact Fee on zoning and subdivision regulations. 17.76.170 Violation—Penalty. 17.76.180 Severability. 1 12-3209.002/79301 140 514 Ordinance No. 3946 17.76.010 - Legislative findings. A.The State of California, through the enactment of Government Code Sections 66001 through 66009 has authorized the City to enact development impact fees. B.The imposition of development impact fees is a method of ensuring that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development. These fees are established to promote and protect the public health, safety and welfare. C.A well-planned park system, with a variation in the size and nature of facilities offered is an important amenity to residents of the City. The City considers a mixture of passive and active park space uses optimal. Future residential development that does not require subdivision, will impact the City's existing park system by creating additional park users thus necessitating additional space for athletic fields, community facilities "tot lots," and other active uses and passive uses as well as passive space for businesses to enjoy. D.Funds to pay for the cost of acquisition and development of additional parkland and development of currently owned but underutilized parkland as well as development of facilities will be needed to serve the increasing users caused by development in the City. Without additional parks, parks development and community facilities, the City's current parks and community facilities will become overcrowded and overused. E.Pursuant to the "Development Impact Fee Calculation and Nexus Report for the City of Huntington Beach" ("Nexus Report") dated October, 2011, as amended April 27, 2012, which is incorporated herein by reference in these findings as though set forth in full, the fees established pursuant to this Chapter are derived from, based upon, and do not exceed the costs of parkland acquisition, park development and community facilities attributable to applicable new residential or nonresidential development. This study is based in part upon master planning to more specifically identify capital facilities to serve new development; the acquisition, relocation and expansion of parkland and park development and community facilities. F.The fees collected pursuant to this Chapter shall be used to finance the acquisition, relocation and expansion of parkland, park development, and community facilities in furtherance of the City General Plan, as well as identified in the Nexus Report, and the attached City of Huntington Beach Master Facilities Development Plan, and the City of Huntington Beach Capital Improvement Plan. F. A detailed study of the impacts of future residential and nonresidential construction in the City, along with an analysis of the need for the acquisition, relocation and expansion of parkland and park facilities development is set forth in the Nexus Report. G.As set forth in the Nexus Report, there is a reasonable relationship between the need for the acquisition, relocation and expansion of parkland, park development, 2 12-3209.002/79301 141 515 Ordinance No. 3946 community facilities, and the impacts of the types of development for which the corresponding fee is charged. In addition, there is a reasonable relationship between the fee's use and the type of development to which the fee is charged and a reasonable relationship between the amount of the fee and the cost of the facilities or portion thereof attributable to the development on which the fee is imposed. 17.76.020 — Intent and Purpose. A Parkland Acquisition and Park Facilities Development Impact fee is being created for the purpose of assuring that the impacts created by new development in the City of Huntington Beach pay a fair share of the proportional costs for the acquisition, relocation and expansion of parkland, park development and community use facilities and related costs necessary to accommodate such development. This fee was once identified as a development impact fee in Resolution 2002-129 created pursuant to Huntington Beach Zoning and Subdivision Ordinance section 230.20. This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, as well as following the recommendations in the Nexus Report including the Master Facilities Plan and the City of Huntington Beach Capital Improvement Plan by ensuring that the City's acquisition, relocation and expansion of parkland and conu -nunity facilities development are maintained when new development is constructed within the City limits. By imposing a fee that is reasonably related to the burdens created by new development on the City's parklands, together with funding available from other City revenue sources, the City will be able to purchase land and construct the required capital improvements to accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan and Master Facilities Plan a part of the Nexus Report. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or chapter provisions which may authorize the imposition of conditions on development. 17.76.030 - Definitions. Shall be as set forth in Chapter 17.73 of this Code. 17.76.040 - Parkland Acquisition and Park Facilities Development Impact Fee. There is imposed a Parkland Acquisition and Park Facilities Development Impact Fee on all non- subdivided new residential and nonresidential development. 17.76.050 - Fund established. A Parkland Acquisition and Park Facilities Development Impact Fee fund is established. The Parkland Acquisition and Park Facilities Development Impact Fee fund is a fund to be utilized for payment of the actual or estimated costs of parldand acquisition and community facilities development as set forth in Chapter 8 of the Nexus Report which includes the City of Huntington Beach Master Facilities Plan, as well as the City of Huntington Beach Capital Improvement Plan related to new residential and nonresidential construction. 3 12-3209.002/79301 142 516 Ordinance No. 3946 17.76.060 - Fee imposed. A. Any person who, 60 days after the effective date of this Development Impact Fee, seeks to engage in non-subdivided Residential or Nonresidential development by obtaining a building permit or other discretionary approval is required to pay a Parkland Acquisition and Park Facilities Development Impact Fee in the manner and amount as set forth in the current City of Huntington Beach Fee Resolution separately adopted. B. No certificate of occupancy, temporary certificate of occupancy, or building permit approval for the activities listed in this Chapter, shall be issued unless and until the Parkland Acquisition and Park Facilities Development Impact Fee required by this Chapter has been paid to the City. 17.76.070 - Calculation of Parkland Acquisition and Park Facilities Development Impact Fee. A. At the time of the issuance of the building permit, the Director of Planning and Building or his/her designee ("Director") shall calculate the amount of the applicable Parkland Acquisition and Park Facilities Development Impact Fee due as specified in the current fee resolution setting the amount of the fee. B. The Director shall calculate the amount of the applicable Parkland Acquisition and Park Facilities Development Impact Fee due by: 1. Determining the number and type of dwelling units in a residential development and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount per dwelling unit or pad as established by the current fee resolution setting the amount of the fee; 2. Determining the gross square feet of floor area or number of lodging units, type of use and location in a nonresidential development, and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount as established by the current fee resolution setting the amount of the fee; 3. Determining the number and type of dwelling units and the nonresidential number of lodging units or gross square feet of floor area, type of use and location, in a structure containing mixed uses which include a residential use, and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount for each use as established by the current fee resolution setting the amount of the fee; 4. Determining the gross square feet of floor area or number of lodging units, type of use and location in a structure containing mixed uses which include 4 12-3209.002/79301 143 517 Ordinance No. 3946 two (2) or more nonresidential principal uses, and multiplying the same by the Parkland Acquisition and Park Facilities Development Impact Fee amount as established by the current fee resolution. The gross square feet of floor area of any accessory use will be charged at the same rate as the predominant principal use unless the Department of Planning and Building finds that the accessory use is related to another principal use. 17.76.075 Fee Payments for Phased Development Projects. If a Development Project will be constructed in phases, and separate building pelinits and certificates of occupancy will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the development characteristics of the entire Development Project. Payment of the fees may be made separately for each phase, provided the amount paid for each phase shall be equal to the percentage that that phase represents of the total development project's development characteristics. The fee shall be the fee in effect at the time payment is due. 17.76.076 Fee Adjustments. Shall be as set forth in Chapter 17.73 of this Code. 17.76.080 Payment of fee. A. The City shall collect from the applicant the Parkland Acquisition and Park Facilities Development Impact Fee prior to the issuance of a certificate of occupancy, temporary certificate of occupancy, or final building permit approval. B. Except for any administrative charge allocated to the City, all funds collected shall be properly identified and promptly transferred for deposit in the Parkland Acquisition and Park Facilities Development Impact Fee fund and used solely for the- purposes specified in this Chapter. 17.76.090 Use of funds. A. Funds collected from the Parkland Acquisition and Park Facilities Development Impact Fee shall be used to fund the costs of providing the acquisition, relocation and expansion of parkland and park facilities development attributable to new residential and nonresidential construction and shall include: 1. The acquisition of additional property for the expansion of parkland and community facilities development; 2. The construction of new parks and park facilities and community use facilities (except for non-residential as set forth in the Nexus report) and; 3. The funding of a master plan to identify capital facilities to serve new parkland and park facilities and community use facilities development; 4. The cost of financing (e.g., interest payments). 5 12-3209.002/79301 144 518 Ordinance No. 3946 5. Projects identified in City of Huntington Beach General Plan, the Master Facilities Plan included in the Nexus Report, City of Huntington Beach Capital Improvement Plan, adopted annual City of Huntington Beach budget, or City Council approved park acquisition and development projects. B. Funds shall not be used for periodic or routine maintenance or to maintain or repair existing parkland or park facilities or community facilities. C. Revenue raised would be limited to capitalized cost related to growth. D. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which Parkland Acquisition and Park Facilities Development Impact Fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in this Chapter. E. Funds may be used to provide refunds as described in this Chapter. 17.76.100 Refund. A. Any applicant who has paid a Parkland Acquisition and Park Facilities Development Impact Fee(s) pursuant to this Chapter may apply to the Director for a full or partial refund of same, if, within one (1) year after collection of the Parkland Acquisition and Park Facilities Development Impact Fee the Fee has been modified as follows: reduction in the number of dwelling units, a change in the type of dwelling units, a reduction in square footage, or the applicability of an exemption pursuant to this Chapter. In the event a refund is issued, the City may retain a sum up to twenty (20%) percent of the Parkland Acquisition and Park Facilities Development Impact Fee paid by the applicant to offset the administrative costs of refund. In no event shall a refund exceed the amount of the Parkland Acquisition and Park Facilities Development Impact Fee actually paid. B. Erroneous or Illegal Collection. Fees will be refunded if the applicant demonstrates to the satisfaction of the Director that they were erroneously or illegally collected. If the Director determines the fees were not erroneously or illegally collected, then the applicant may appeal the decision pursuant to Chapter 17.73.030 Appeals. An application for a refund pursuant to this Section must be filed within ninety (90) days after the payment of the fees. C. City Failure to Commit Funds. Pursuant to the Mitigated Fee Act, upon application of the then current landowner, fees will be refunded if the City fails to commit them to a project of the nature or type identified in the Nexus Report within five years from the date that the fees were collected from the applicant. For purposes of this subsection, fees are deemed to have been "committed" if they have been budgeted or otherwise encumbered by the City for an eligible improvement, studies, design drawings or any necessary applications for approval by other governmental agencies have been 6 12-3209.002/79301 145 519 Ordinance No. 3946 initiated, construction bidding has been initiated, or improvements are under construction. Eligible refunds, plus interest at the City's average annual cost of funds, will be made only upon an application filed within 180 days of the expiration of the fifth anniversary of the fee payment. 17.76.110 Exemptions and credits. A. Exemptions. Any claim of exemption must be made no later than the time of application for a building permit or construction approval. Any claim of exemption must be filed in the same manner and will be considered pursuant to the same procedure as for a fee adjustment as provided in this Chapter 17.73. The following shall be exempted from payment of the Parkland Acquisition and Park Facilities Development Impact Fee: 1. Residential Development a. Alteration or expansion of an existing residential building in which no additional dwelling units are created, the use is not changed, and where no additional relocation and expansion of parkland and park facilities development will be provided over and above those provided by the existing building; b. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional relocation or expansion of parkland and park facilities development will be required over and above those provided by the original use of the land; c. The construction of residential accessory buildings, structures or uses which will not require additional acquisition, relocation or expansion of parkland and park facilities development over and above those provided by the principal building or use of the land; d. Construction, replacement or rebuilding of a single-family dwelling (one (1) unit per lot) on an existing lot of record, or the moving and relocation of a single-family home from one (1) lot within the City to another lot within the City. This exemption shall not apply to tract development, to the development of more than one (1) unit per lot, nor to the replacement of a single-family dwelling with more than one (1) dwelling unit; 2. Affordable housing for lower income households. Property rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost," as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety 7 12-3209.002/79301 146 520 Ordinance No. 3946 Code or "very low-income household" as defined in Section 50105 of the California Health and Safety Code. This exemption shall require the applicant to execute an agreement to guarantee that the units shall be maintained for lower and very low-income households whether as units for rent or for sale or transfer. The agreement shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney and shall bind the owner and any successor-in-interest to the real property being developed. The agreement shall subordinate, if required, to any state or federal program providing affordable housing to lower and very low-income households. The agreement shall be recorded with the Orange County Recorder prior to the issuance of a certificate of occupancy. Applicant or any successor-in-interest shall be required to provide annually, or as requested, the names of all tenants or purchasers, current rents and income certification to insure compliance. Voluntary removal of the housing restriction or violation of the restriction shall require the applicant or any successor-in-interest to pay the then applicable Parkland Acquisition and Park Facilities Development Impact Fee at the time of voluntary conversion or as imposed at the time of violation on the unit in violation, plus any attorneys' fees and costs of enforcement, if applicable; B. Credits. Any applicant whose development is located within a community facilities district (CFD) or , and is subject to the assessments thereof, shall receive an offset credit towards the fees established by this Chapter to the extent that the assessments fund improvements within the CFD which would otherwise be funded by the development impact fees established by this Chapter. 17.76.120 Appeals. Shall be as set forth in Chapter 17.73 of this Code. 17.76.130 Credit for Construction of Non-Site-Related Improvements. Applications for credit for construction of non-site-related improvements shall submit applicable engineering drawings, specifications and construction cost estimates or the like to the Director. The Director shall determine any credit for improvement based on either these cost estimates or alternative estimates if the Director determines reasonably that the estimates submitted by the applicant are either unreliable or inaccurate. In no event shall the amount of the credit exceed the improvement cost specified in the Nexus Report, or other applicable basis for the fee, nor shall the credit exceed the amount that would otherwise apply. No final inspection or certificate of occupancy for the Development Project may be issued until: (1) the construction is completed and accepted by the City; (2) a suitable maintenance and warranty bond is received and accepted by the City; and (3) all design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with City paving, drainage and other applicable requirements. 17.76.140 Eligible Expenditures From Fee Reserve Account. All monies and interest earnings in any Reserve Account shall be expended on the projects of the nature or type identified in the Nexus Report, or such other report as may be prepared from time to time to 8 12-3209.002/79301 147 521 Ordinance No. 3946 document the reasonable fair share of the costs to mitigate the acquisition, relocation and expansion of parkland and park facilities development impacts of new development. 17.76.150 Annual report and amendment procedures. A. Within one hundred eighty (180) days after the last day of each fiscal year, the Deputy City Manager of the City of Huntington Beach shall evaluate progress in implementation of the Parkland Acquisition and Park Facilities Development Impact Fee and shall prepare a report thereon to the City Council in accordance with Government Code Section 66006, incorporating among other things: 1. Any parkland acquisition, park development and community facilities development commenced, purchased or completed utilizing monies from the Parkland Acquisition and Park Facilities Development Impact Fee fund; 2. The amount of the fees collected and the interest earned; 3. The amount of Parkland Acquisition and Park Facilities Development Impact Fees in the fund; and 4. Any recommended changes to the Parkland Acquisition and Park Facilities Development Impact Fee, including, but not necessarily limited to changes in this Parkland Acquisition and Park Facilities Development Impact Fee chapter or fee resolution. B. Based upon the report and such other factors as the City Council deems relevant and applicable, the City Council may amend the ordinance codified in this Chapter or the fee resolution implementing this Chapter. Changes to the Parkland Acquisition and Park Facilities Development Impact Fee rates or schedules may be made by amending the fee resolution. Any change which increases the amount of the Parkland Acquisition and Park Facilities Development Impact Fee shall be adopted by the City Council only after a noticed public hearing. Nothing herein precludes the City Council or limits its discretion to amend the ordinance codified in this Chapter or the fee resolution establishing Parkland Acquisition and Park Facilities Development Impact Fee rates or schedules at such other times as may be deemed necessary. 17.76.160 Effect of Parkland Acquisition And Park Facilities Development Impact Fee on zoning and subdivision regulations. This Chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards and public improvement requirements or any other aspect of the development of land or construction of buildings, which may be imposed by the City pursuant to the City's zoning regulations, subdivision regulations or other ordinances or regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all residential and nonresidential development. 9 12-3209.002/79301 148 522 City Attorney 5, Ordinance No. 3946 17.76.170 Violation—Penalty. A violation of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecuted; and upon conviction, the violator shall be punishable according to law. However, in addition to or in lieu of any criminal prosecution, the City shall have the power to sue in civil court to enforce the provisions of this Chapter. 17.76.180 Severability. If any section, phrase, sentence, or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions thereof. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor ATTEST: City Clerk INITI lig AN bac ROVED: 141111,74S" AW Deputy City Manager REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager 10 12-3209.002/79301 149 523 ATTACHMENT #7 150 524 151 525 Ordinance No. 3947 (g) "City Manager" means the City Manager or his/her designee of the City of Huntington Beach. (h) "Collect" or "collection" means the point in time at which the development impact fee(s) are paid by the applicant. Collection will occur on the date of final inspection or the date a certificate of occupancy or temporary certificate of occupancy, whichever occurs first, or in the case of a mobilehome pad or pads, collection will occur at or on the date of construction approval is issued. "Collections" shall mean books, magazines, DVDs, compact disks, computer programs, digital resources and other reference and circulation materials. (j) "Commercial or Industrial Development Project" shall mean the construction of new Floor Area on a lot in any of the Non-Residential Zoning Districts of the City. (k) "Community Use Facilities" shall mean facilities dedicated for community use for social, community and educational groups. (1) "Detached Dwelling Unit" shall mean a detached building or buildings designed primarily for use as a dwelling, with one or more habitable rooms with only one kitchen, and designed for occupancy as a unit by one or more persons living as a household unit with common access to all living, kitchen and bathroom areas, no portion of which is rented as a separate unit. (m) "Development" means the addition of new dwelling units and/or new nonresidential square footage to an undeveloped, partially developed or redeveloped site and involving the issuance of a building permit and certificate of occupancy for such construction, reconstruction or use. Development may also include expanded uses that create additional impacts on City facilities, infrastructure or park land. Development also includes the approval and construction of new mobilehome pads in existing or new mobilehome parks or sites, but not including the following so long as no additional dwelling units or gross floor area is added: 1. A permit to operate; 2. A permit for the internal alteration, remodeling, rehabilitation, or other improvements or modifications to an existing structure; 3. The rebuilding of a structure destroyed by an act of God or the rehabilitation or replacement of a building in order to comply with the City's seismic safety requirements; 4. Parking facilities; or 5. The rehabilitation or replacement of a building destroyed by imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or civil disturbance except where said destruction was caused or in any manner accomplished, instigated, 12-3209.003/78647 2 152 526 Ordinance No. 3947 motivated, prompted, incited, induced, influenced, or participated in by any persons or their agents having any interest in the real or personal property at the location. (n) "Development Project" means any residential, commercial or industrial Development Project. shall mean any construction, addition, alteration or other change of use of a • building or land that requires the City to issue a grading, building, plumbing, mechanical, or electrical permit, or any other form of entitlement. (o) "Director" may mean the Director of Community Services; Director of Library Services; Director of Planning and Building, or Director of Public Works. "Dwelling unit" or "DU" is as defined in Section 203.06 of the Huntington Beach Zoning and Subdivision Ordinance ("ZSO"). (q) "Fee resolution" means and refers to the City resolution specifying the development impact fee(s) per dwelling unit or mobilehome pad for residential development and per gross square foot of floor area for nonresidential development, by type and by location. (r) "Fees Calculation Report" shall mean the report prepared for the City entitled "Development Impact Fee(s) Calculation and Nexus Report for the City of Huntington Beach" dated October, 2011. (s) "Floor Area" shall mean the area of all floors and levels as defined in the ZSO. (t) "Government or Public Facilities" shall mean publicly owned buildings and structures used for the purposes of conducting City, County, State of Federal Government business. Such facilities shall include, but not be limited to, city halls, police and fire stations, offices, equipment yards, sanitation facilities, schools, recreation centers, and similar facilities. Private commercial Development Projects leasing publicly owned land shall not be considered Government or Public Facilities. (u) "Gross square feet" or "gsf" means the area of a nonresidential development measured from the exterior building lines of each floor with respect to enclosed spaces but excluding parking spaces whether or not enclosed. For purposes of this Chapter, the term "enclosed spaces" specifically includes, but is not limited to, an area available to and customarily used by the general public and all areas of business establishments generally accessible to the public such as fenced, or partially fenced in areas of garden centers attached to and serving the primary structure. (v) "Land Use Category" shall mean any of the specific land uses that have been listed in the fair share implementation resolution authorized pursuant to Section 17.65.050, and used to provide the basis for future development impact projections. (w) "Library Facilities" shall mean library building space and library materials, which are owned and operated by the City of Huntington Beach. 12-3209.003/78647 3 153 527 Ordinance No. 3947 (x) "Library Materials" shall mean books, magazines, DVDs, compact disks, computer programs, digital resources and other reference and circulation materials. (y) "Master Facilities Plan" shall mean the report prepared for the City entitled Development Impact Fee Master Facilities Plan, prepared by Revenue & Costs Specialists, LLC, dated October 2011. (z) "Mobilehome" shall mean a structure transportable in sections which is a minimum of 8 feet in width and 40 feet in length, built on a permanent chassis, and designed to be a dwelling with or without a permanent foundation. (an) "Nonresidential development" means a development undertaken for the purpose of creating gross floor area, excluding dwelling units, but which includes, and is not limited to commercial, industrial, retail, office, hotel/motel, and warehouse uses involving the issuance of a building permit for such construction, reconstruction or use. (bb) "Planning and Building Director" shall mean the Planning and Building Director of The City of Huntington Beach or his/her designee. (cc) "Planning Department" shall mean the Planning Department of the City of Huntington Beach. (dd) "Police Department" means the Police Department of the City of Huntington Beach. (ee) "Residential development" means a development undertaken for the purpose of creating a new dwelling unit or units and involving the issuance of a building permit and certificate of occupancy for such construction, reconstruction or use, or the construction approval for a mobilehome pad or pads. (ff) "Residential Development Project" shall mean the construction of a dwelling unit on a lot in any of the residential zoning districts of the City. For purposes of this Chapter, the addition of Floor Area shall be considered construction of a Residential Development project if the additional Floor Area exceeds fifty (50) percent of the existing Floor Area, as determined by the Director of Planning and Building. (gg) "Site-Related Right-of-Way or Improvement Construction" shall mean right-of-way or traffic improvements that must be constructed on the site of a new development project in order to comply with applicable City development regulations and standards. (hh) "Surface Transportation System" shall mean the City's system of streets, roads and intersections traversed by automobiles and other vehicles. (ii) "Trip-Miles" shall mean the number of Vehicle Trips multiplied by the average trip length for a specified use as identified in the "Fee Calculation Report". "Vehicle Trips" shall mean the number of average, daily trips generated by uses of land, as specified in the most recent edition of the Institute of Transportation Engineers, Trip Generation, and at the discretion of the Public Works Director when the reference 12-3209.003/78647 4 154 528 Ordinance No. 3947 document does not provide a reasonable representation of vehicle trips for a specific use, special studies or alternative reference documents may be used. 17.73.020 Fee Adjustments (a) An applicant for a New Development Project subject to a fee required by Title 17 of this Code may apply to the City for a refund, reduction, adjustment or waiver of the fee. (b) Circumstances That May Justify a Fee Adjustment. Examples of circumstances that may justify a fee adjustment include, but are not necessarily limited to the following: (1) The Development Project includes an existing building that is proposed to be demolished, provided the building proposed to be demolished was capable of being used at the time of the Development Project application, and sufficient information about its prior use is available. Any such adjustment is limited to the amount of the fee that would otherwise be due for the New Development Project. (2) The physical or operating characteristics (e.g., hours of operation) of the New Development Project are substantially different from the land use on which the fee calculation is based. (3) The New Development Project includes multiple land uses that are complementary. (4) Property values are worth less than the City's estimated value in the methodology. Likewise, the City may present evidence in the form of an appraisal and the value is in excess of that used in the methodology. (c) An application for a fee adjustment shall be made and decided as follows: (1) Application. A separate application shall be filed for each adjustment request made pursuant to this Section. Such application shall be made on a form provided by the Director of Planning and Building or his/her designee and shall be filed with the Director of Planning and Building not later than: (A) thirty (30) days prior to the first public hearing on an applicable discretionary permit application for the Development Project, pursuant to the City Zoning and Subdivision Ordinance; or (B) if no such discretionary permit is required, at the time of application for a building permit for the Development Project. (d) Each application shall state in detail the factual basis for the requested fee reduction, adjustment or waiver. The Director of Planning and Building shall determine if the application is complete, and if not, may cause the public hearing to be continued until the application is determined to be complete. The Director shall act within 10 days after receipt of the completed application to approve or deny the application. 12-3209.003/78647 5 155 529 Ordinance No. 3947 17.73.030 Appeals. (a) An applicant may appeal, by protest, any imposition of the development impact fee(s) by filing a notice of appeal with the City Manager or his/her designee or his/her designee within ninety (90) days after the applicant pays the required development impact fee(s). (b) A valid appeal by protest of the imposition of the development impact fee(s) shall meet all of the following requirements: 1. Tendering in advance of the appeal any required payment in full or providing assurance of payment satisfactory to the City Manager or his/her designee; 2. Serving written notice on the City Manager or his/her designee including: (A) A statement that the required payment has been tendered under protest or that required conditions have been satisfied; (B) A statement informing the City Manager or his/her designee of the factual elements of the dispute and the legal theory forming the basis of the protest; (C) The name and address of the applicant; (D) The name and address of the property owner; (E) A description and location of the property; (F) The number of residential units or nonresidential gross square footage proposed, by land use or dwelling unit type, as appropriate; and (G) The date of issuance of the building permit. (c) The City Manager or his/her designee shall schedule a hearing and render a final decision on the applicant's appeal within sixty (60) days after the date the applicant files a valid appeal. (d) The hearing shall be administrative. Evidence shall be submitted by the City Manager or his/her designee and by the applicant and testimony shall be taken under oath. (e) The burden of proof shall be on the applicant to establish that the applicant is not subject to the imposition of the development impact fee(s) pursuant to the applicable development impact fee ordinance and applicable state law. (f) If the development impact fee(s) has been paid in full or if the notice of appeal is accompanied by a cash deposit, letter of credit, bond or other surety acceptable to the City Manager or his/her designee in an amount equal to the development impact fee(s) calculated to be due, the application for the building permit or mobilehome construction approval shall be processed. The filing of a notice of appeal shall not stay the imposition or the collection of the development impact fee(s) calculated by the City to be due unless sufficient and acceptable surety has been provided. (g) Any petition for judicial review of the City Manager's final decision shall be made in accordance with applicable state law and after the administrative remedies proscribed herein have been exhausted. 12-3209.003/78647 6 156 530 INITIATED AND ATP/ROVED: —Deputy City Manager AS TO FORM: Cl 7 Ordinance No. 3947 1. Hearing. The City Manager or his/her designee shall consider the fee(s) adjustment application prior to the public hearing as the application for a discretionary development permit for the Development Project, or, if no such permit is required, the City Manager or his/her designee shall consider the application at a separate hearing within (sixty) 60 days after the fee(s) adjustment application is deemed complete by the City Manager or his/her designee. 2. Appeal. Any person may appeal the decision of the City Manager or his/her designee to the City Council, by filing a written appeal with the City Clerk within ten (10) days of the City Manager or his/her designee's decision. 17.73.040 Judicial review. (a) Any judicial action or proceeding to attack, review, set aside, void or annul the development impact fee ordinance, or any provision thereof, or resolution, or amendment thereto, shall be commenced within ninety (90) days of the effective date of the ordinance, resolution, or any amendment thereto. (b) Any judicial action or proceeding to attack, review, set aside or annul the imposition or collection of a development impact fee(s) on a development shall be preceded by a valid appeal by protest pursuant to Section 17.73.030 hereof and a final decision of the City Manager or his/her designee pursuant thereto and shall be filed and service of process effected within ninety (90) days after the hearing on appeal regarding the imposition of development impact fee(s) upon the development. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager 12-3209.003/78647 157 531 ATTACHMENT #8 158 532 159 533 160 534 Park Land/Open Space & Facilities (Tract Map/Quimby) Current Fee Effective 7/20/12 Effective 7/20/13 Effective 7/20/14 Based on Land Detached Dwelling Units (per Unit)Appraisal $12,500 $14,286 $16,071 Based on Land Attached Dwelling Units (per Unit)Appraisal $9,685 $11,068 $12,452 Mobile Home Dwelling Units (per Unit)N/A N/A N/A N/A Hotel/Motel Lodging Units (per Unit)N/A N/A N/A N/A Resort Lodging Units (per Unit)N/A N/A N/A N/A Commercial/Office Uses (per sq. ft.)N/A N/A N/A N/A Industrial/Manufacturing Uses (per sq. ft.)N/A N/A N/A N/A 3 of 3 Item 9. - 91 HB -226- 161 535 ATTACH ENT #9 162 536 Master Facilities Plan for the City of Huntington Beach, California October, 2011 (Amended April 27, 2012) Copyright, 2009, 2010 & 2011 by Revenue & Cost Specialists, L.L.C. All rights reserved. No part of this work covered by the copyright hereon may be reproduced or copied in any form or by any means -- graphic, electronic, mechanical, including any photocopying, recording, taping or taping or information storage and retrieval systems without written permission of: Revenue & Cost Specialists, L.L.C. 1519 East Chapman Avenue, Suite C Fullerton, CA 92831 (714) 992-9020 HB -228- 163 537 164 538 Page Two, October 17, 2011 (amended 04/27/12) 141FP Letter to the City of Huntington Beach • A section containing all of the Park Land Acquisition and Development of Recreation Facilities including Community Use Facilities projects. In addition to the efforts of Bob Hall, Deputy City Manager in coordinating the flow of information, the following staff were instrumental in identifying the required projects: M. Todd Broussard, P.E.- Principal Civil Engineer (Storm Drainage) David C. Dominguez - Facilities Development and Concessions Manager Eric G. Enberg - Division Chief/Fire Operations Jim B. Engle Community Services Director Kevin Justen,- Senior Administrative Analyst - Fire Tung M. Kao - Info Systems Specialist Darrin Maresh, Fire Development Specialist Tony Olmos - City Engineer Jerry Thompson - General Services Manager Bill Reardon - Fire Marshall/Division Chief Dan Richards - Customer Support/GIS Manager Bob Stachelski - Transportation Manager Chuck Thomas - Police Captain Jerry Thompson - General Services Manager Bob Wingenroth - Director of Finance RCS appreciates the efforts of the listed staff and any others whose efforts RCS may have been unaware of for their assistance in generating the information provided within this Master Facilities Plan, and we look forward to meeting with the City Council in order to implement and achieve maximum use this comprehensive report. Sincerely, SCOTT THORPE Vice President Item 9. - 95 HB -230- 165 539 166 540 167 541 City of Huntington Beach Master Facilities Plan Table of Contents PK-018 Lamb Park Design and Development 76 PK-019 Central Park Sports Complex Team Room 77 PK-020 Future Parks Acquisition (Possible Closed School Sites) 78 CF-001 Central Park Senior Center 79 CF-002 Edison Community Center Gymnasium 80 CF-003 Murdy Community Center Gymnasium 81 CF-004 Oak View Recreation Center Expansion 82 HB -233- Item 9. - 98 168 542 CITY OF HUNTINGTON BEACH GUIDE TO THE MASTER FACILITIES PLAN The Master Facilities Plan is a compilation of projects identified by City staff as being needed for the City of Huntington Beach through theoretical General Plan build-out of the City. The Plan is based on input from City staff, recommended projects contained in the City's several Master Plans for infrastructure and an occasional recommendation from RCS staff. The Master Facilities Plan generally provides for three major types of projects. The first group of projects provides for the maintenance, repair and rehabilitation of the City's varied infrastructure, including its streets, storm drains and other public facilities. These projects represent a very small portion of the needed replacement of the City's fixed assets identified at more than $1.435 million of depreciable fixed assets which are being consumed, conservatively, at an annual rate of just over $19.1 million, (assuming a conservative 75 year infrastructure lifetime). The $1.435 billion figure excludes significant amounts of owned park land, not subject to depreciation, at approximately $678.2 million. The following table indicates the replacement costs of the various infrastructure owned by the City. Table MFP-1 Replacement Value of Existing Infrastructure Infrastructure Replacement Value Law Enforcement $71,246,699 Fire Suppression/Medic $61,234,227 Circulation System (0 $533,539,375 Storm Drainage System (1) $203,631,313 Library Space/Collection $76,593,112 Park Improvements $488,783,370 Total $1,435,028,096 (1) Does not include millions of dollars owned in land right-of-way and Excludes "local" facilities, those limited to neighborhood facilities. The second group of projects are needed to serve future development and include such projects as widening of streets, creation of additional parkland or construction of a new fire station. These projects are proposed to be funded through the development impact fees recommended in the companion to this document called Development Impact Fee Calculation and Nexus Report for City of Huntington Beach. Item 9. - 99 1-1B -234- 169 543 170 544 171 545 172 546 Guide to the Huntington Beach Master Facilities Plan Table MFP-2 Cost of Future Infrastructure Infrastructure Project Totals Law Enforcement Facilities, et. al. $10,100,895 Fire Suppression/Medic Facilities et. al. $11,941,972 Circulation (Streets/Bridges/Signals) $28,537,800 Storm Drainage Collection System $207,494,050 Library Facilities/Collection $7,841,369 Park Land Acquisition & Improvements $137,483,000 Total $403,399,086 Fairness and reason (as well as the more important State and Federal statutes and court decisions) dictate that not all of the projects will qualify for development impact fee funding (i.e. some projects are replacements or service level increasing, etc.). If the City adopts the development impact fees that represent the General Plan Build-out need-based impact fees (Schedule 2.1 in the companion Development Impact Fee Calculation and Nexus Report), 42.6% of the required funding (or $172.1 million) would be raised with development impact fees. Existing Development Impact Fee Fund balances of $3.6 million will provide 0.9% of the total project funding and other sources (inter-governmental support) will finance 5.7% ($23.0 million) This leaves 50.8%, or $204.8 million of the total project costs as unfunded, to be financed by other sources such as fees, rates, existing taxes or voter approved additional taxes, inter-governmental transfers and the rare occasional grant. Relationship to Development Impact Fee Report. The Master Facilities Plan was prepared in conjunction with the City's Development Impact Fee Calculation and Nexus Report, also prepared by RCS, LLC. Projects listed in the Development Impact Fee Calculation and Nexus Report correspond to projects found in this document and contain the same numbering sequence as the Master Facilities Plan. The Development Impact Fee Calculation and Nexus Report is also contains eight chapters specific to each one of these infrastructure sections according to the same category of projects described on the previous page. Thus, a reader who wants to find more information on Law Enforcement Project No.1 (Additional Law Enforcement Facility Space found on Schedule 3.1 of the Development Impact Fee Calculation and Nexus Report may turn to Project No. LE-001 of the Master Facilities Plan. For readers of the Master Facilities Plan who wish to understand the determination of development Item 9. - 103 HB -238- 173 547 Guide to the Huntington Beach Master Facilities Plan impact fee financing more fully, refer to the Development Impact Fee Calculation and Nexus Report, Chapter One. vi HB -239- Item 9. - 104 174 548 175 549 Huntington Beach Master Facilities Plan Master Project List • L0018 Gothard Street And Slater Avenue LGO17 Gothard Street And Talbert Avenue Looia Ward Street And Garfieid Avenue LGO19 Brookhurst Street And Adams Avenue LGD20 Miscellaneous Traffic Signal/Intersection Improvements 1.0.021 Public Works Maintenance Building LG022 Public Works Maintenance Vehicles SI001 Santa Ana River & Talbert Channel Region (SD Region *1 ) 30002 Coastal And Boise Chloe Wetlands Region (SD Region #2) 80003 Slater Channel Region (SD Region *3) 80004 Wintersburg Channel Region (SD Region #4) 30005 Boise Chice Channel & Harbour Region (SD Region 45) S0006 Public Works Maintenance Building Pi:001 Expand Banning Branch Library PL-002 Expand Main Street Branch Library PL-003 Expand Library Collection Items PK001 Bartlett Park Conceptual Plan And EIR PK002 Irby Park Phase II PK003 Central Park Former Gun Range SIR, RAP And Development P14004 Le Bard Park Expansion Master Plan And Development Plan P14005 Blufilop Park Trail Improvements P14005 Edinger Dock Development P14007 VVardlow Field Reconfiguration Design/Construction PK008 City -Wide Parks Master Plan PRO9 Central Park Habitat Plan Total Thru D.P. QuilcK)ut $500,000 $264,000 $8,800 $10,000000 $5,000,000 $2,820,000 $65,000 $23,728,000 $21,527,000 $34,236,000 $28,749,000 $98,549,000 $705,050 $5,258,470 $1,651,375 $921,524 $5,400,000 $500,000 $4,325,000 $1,450,000 $1,000,000 $700,000 $1,000,000 $350,000 $250,000 2 V: 1.33.0 Date: 5/02/2012 Time: 10:55 AM Huntington Beach October, 2011 Pape; 2 HB -241- Item 9. -106 176 550 Huntington Beach Master Facilities Plan Master Project List Total Thru GP. Build-Out PK010 Central Park Acquisiton Of Encyclopedia Lots $1,020,000 PK011 Central Park Development Of Remaining $6 Acres $20,000,000 P14012 Central Park Rebuild Two Restaurant Facilities $800,000 P14013 General Youth Sports Facilities Grants $4,500,000 PK014 Murdy Youth Sports Complex Phase II $2,500,000 P14015 Beach Playground $350,000 P14016 Central Park Development Of Former Gun Range Area $3,000,000 PK017 Warner Dock Renovation And Expansion $800,000 P1018 Lamb Park Design And Development $1,100,000 P14019 Central Park Sports Complex Teem Room $100,000 P14020 Future Parks Acquisition (Possible Closed School Sites)$59,588,000 P14021 Central Park Senior Center $22,000,000 P14022 Edison Community Center Gymnasium $2,975,000 P14023 Murdy Community Center Gymnasium $2,975,000 P14024 Oak View Recreation Center Expansion $800,000 Total All Projects s4039p,0s5 V: 1.33,0 Data: 5102/2012 Tim: 11;01 AM Huntington Beach October, 2011 Page: 3 Item 9. - 107 HB -242- 177 551 City of Huntington Beach Law Enforcement Facilities, Vehicles and Equipment 4 HB -243- Item 9. -108 178 552 Huntington Beach Master Facilities Plan Law Enforcement Facilities, Vehicles And Equipment - 13 2013 - 14 2014-15 2015 - 16 Through Build Out Project Build Out Total $0 $0 $0 $7,597,165 $7,597,185 $0 $0 $0 $1,751,040 $1,751,040 $0 $0 so $327,690 $327,690 $0 $0 $0 $425,000 $425,000 $0 $0 $0 $10,100,895 $10,100,895 2011 - 12 2012 LE -001 Additional Law Enforcement Facility Space $0 LE -002 Acquire Additional Response Vehicles $0 LE -003 Acquire Additional Sworn Officer Issued Equipment $0 LE -004 Acquire Law Enforcement Specialty Equipment $0 TOTALS $0 Notes: 1) If project timing Is not a component of this effort, then all projects default to their "Thru Build Our amount Lri V: 1.12.0 Date: 4/27/2012 Time: 12:09 PM Huntington Beach October, 2011 Page: 1179553 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/Title LE 001 Additional Law Enforcement Facility Space Submitting Departments: Police Department Project Description: Acquire land (or replacement land is placed at City Hall) for and construct12,041 square feet of law enforcement space. The department will need to hire an additional 33 sworn officers at General Ran build-out to accommodate the additional 146% (8,697) in calls-for-service demand overthe current 59,479 annual calls-for-service. Roughly 249 of these would be to the beach area. The additional space could be in the main station or could be located elsewhere in the City. The space would be necessary to expand, patrol, investigation, traffic control or any of the many specialty support services such as communications or records, Justification / Consequences of Avoidance: The City annually currently experiences roughly approximately 61285 calls-for-sevice, 97.05% of which are from privately-held properties within the City's limits. The land-use database indicates the addition of 7,065 residential dwellings, 1,353 commercial lodging rooms and 7.3 million square feet of additional business (commercial, office and industrial) space which will generate, on average, an additional 8,418 annual calls-for-service, or a 146% increase. While the existing station is adequate to meet the current needs, the addition of 34 sworn officers will generate the need for a proportionally greater amount of space. Relationship to General Plan Development The project primarily addresses additional calls-for-service from new development (97.05%) and thus is allocated 97.05% to new General Plan development Allocation To General Plan Buildout 97.05% Reference Document Project Timing: The project timing would be dependent upon both the rate of development and collection of Development Impact Fees. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition 1 Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012-13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015- 16 through Build-out 568,524.00 1,033,801.00 5,173,493.00 309,604.00 511,743.00 7,597,165.00 Total all Years 568,524.00 1,033,801.00 5,173,493.00 309,604.00 611,743.00 7,597,165.00 6 V: 1.08.0 Date: 4/27/2012 Time: 12:09 PM HB -245- Huntington Beach Item 9. - 110 180 554 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/Title LE 002 Acquire Additional Response Vehicles Submitting Departments: Police Department Project Description: Acquire thirty-two additional response or specialty vehicles at an average cost of $54,720 each in order to maintain the eAsting ratio of 0.98 vehicles per officer. Approximately 97,05% of these vehicles are required to serve private sector development Justification / Consequences of Avoidance: The Department currently has 231 law enforcement vehicles that are used by the 235 sworn officers creating an existing standard of 0.98 vehicles per sworn officer. With that the addition of 33 officers needed to respond to the annual calls-for-service likelyyo be generated by future General Plan development the Citywill need to acquire and additional 32 vehicles in order to maintain the 0.98 ratio of vehicle per sworn officer. Failure to maintain the current ratio of vehciets per officer could reduce the City's ability to maintain beat strength and would certainly accelerate vehilce turnover. Relationship to General Plan Development The acquisition addresses only the future additional calls-for-service from General Plan new development and thus is allocated 97.05 percent to new development. Allocation To General Plan Buildout 97.05% Reference Document ' Project Timing: The project timing would be dependent upon both the rate of development and collection of Development Impact Fees. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0,00 0.00 0.00 0.00 0.00 2013- 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 0.00 0.00 0.00 0.00 1,751,040.00 1,751,040.00 Total all Years 0.00 0.00 0.00 0.00 1,751,040.00 1,751,040.00 7 Item 9. - 111 Date: 4/27/2012 Time: 12:09 PM MB -246- Huntington Beach October. 2011 181 555 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/ Title LE 003 Acquire Additional Sworn Officer Issued Equipment Submitting Departments: Police Department Project Description: Acquire additional equipment assigned to the additional 33 sworn officers necessary to accommodate General Plan development. The capitalized list of equipment includes (but is not limited to): a protective vest handgun, baton, compliment of leathers, handcuffs, uniforms, helmet raincoat and heavy duty flashlight The costs, at $9,930 includes a nominal background chack, medical/physical check and polygraph exam for the sucessful candidates. Justification / Consequences of Avoidance: The equipment is necessary for an officer to function in the field. The list is mostly safely equipment but also includes the costs absorbed by the City in the necessary for identifying an appropriate candidate. Roughly 97.05% of the required new officers would be required to serve new General Plan development Relationship to General Plan Development The project primarily addresses additional calls-for-service from new development (97.05%) and thus is allocated 97.05% to new General Plan development Allocation To General Plan Buildout: 97.05% Reference Document: Project Timing: The project timing would be dependent upon both development and collection of development impactfees. 2015 - 16- 15 through Build-out Total all Years 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 327,690.00 327,690.00 0.00 327,690.00 327,690.00 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 1.Design I Engineering / Administratic 0.00 0.00 0.00 2.Land Acquisition / Right Of Way 0.00 0.00 0.00 3.Construction 0.00 0.00 0.00 4.Contingency 0.00 0.00 0.00 5.Equipment / Other 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 8 V: 1.08.0 Date: 4/2712012 Time: 12:09 PM HB -247- Huntington Beach I I t em 9 . - 112 182 556 2015 - 16 through Build-out 0.00 0.00 0.00 0.00 425,000.00 425,000.00 Total all Years 0.00 0.00 0.00 0.00 425,000.00 426,000.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Law Enforcement Facilities, Vehicles And Equipment Project Number/ Title LE 004 Acquire Law Enforcement Specialty Equipment Submitting Departments: Police Department Project Description: Acquire specialty equipment to support the additional 33 officers needed to accommodate new development Approximately 97% of that figure are needed to accommodate new development of private property. Justification / Consequences of Avoidance: The amount and type of crime is ever increasing. The City will need to acquire additional information-sharing computer capacity as well as specialty equipment such as bikes, dogs, hand-held radios, etc. Relationship to General Plan Development The project primarily addresses additional cells-for-service from new development (97.05%) and thus is allocated 97.05% to new General Plan development Allocation To General Plan Buildout 97.05% Reference Document: Project Timing: The project timing would be dependent upon both development and collection of development impact fees. PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2034 - 15 1. Design / Engineering / Aclministratic 0.00 0.00 0.00 0.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 0.00 4. Contingency 0.00 0.00 0.00 0.00 5. Equipment / Other 0.00 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 0.00 9 Item 9. - 113 Date: 4/2712012 Time: 12:09 PM Huntington Beach October, 2011 HB -248- 183 557 184 558 S I I - .6 u-I31-I Huntington Beach Master Facilities Plan Fire Suppression/Medic Facilities, Vehicles And Equipment 2015- 16 Through Project Build 2011 - 12 2012-13 2013 - 14 2014 - 15 Build Out Out Total FS -001 Relocate Fire Station #8 (Heil) FS -002 Construct Station #8 (Heil) Apparatus Storage Facility FS -003 Construct A Single Bay/Quarters At Station #4 (Magnolia) FS -004 Acquire An Engine And Ambulance For Station #4 (Magnolia) FS -005 Acquire An Addition Engine For Station #1 (Gothard) FS -006 Acquire An Addition Engine For Station #2 (Murdy) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,169,470 $0 $0 $1,716,044 $0 $0 $1,266,458 $0 $0 $740,000 $0 $0 $525,000 $0 $0 $525,000 $7,169,470 $1,718,044 $1,286,458 $740,000 $525,000 $525,000 TOTALS $0 $0 $0 $0 $11,941,972 $11,941,972 Notes: 1) if project timing is not a component of this effort, then all projects default to their "Thru Build Our amount V:1.12.0 Date: 4/27/2012 Time: 12:13 PM Huntington Beach October, 2011 Page: 1 185559 2015 - 16 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 532,561.00 1,026,097.00 4,963,827.00 285,204.00 361,781.00 7,169,470.00 532,561.00 1,026,097.00 4,963,827.00 285,204.00 361,781.00 7,169,470.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/Title FS 001 Relocate Fire Station #8 (Heil) Submitting Departments: Fire Department Project Description: Relocate Station #8 from its current location on Heil Avenue just west of Spring ale Street to a more northerly area near Graham Street just north of Edinger Street The proposed 11,350 square foot facility would be a be a five vehicle configuration and would require roughly 1.25 acres. The facility would be capable of housing up to three companies and battalion chief. The facility would provide 3,550 square feet of vehicle bay space. 1,290 square feet of mechanical/technical space, 6,150 square feet of living quarters consisting of (a maximum of 24) bunks, lockers, restrooms/showers, a physical training room, kitchen, dining and a dayroom. Justification / Consequences of Avoidance: The forty-five year-old station, once state-of-the-art has numerous limitations in addition to mere aging. In addition to asbestos removal needs, the station design does not allow for mixed gender accommodation or the assignment of an aerial response truck. Since the station needs to be reconstructed, relocation more northerly, about 1.25 miles, would improve the first-in engine, truck and paramedic ALS response capacityto that area of the City. Redevelopment along the Edinger/Beach corridorwill likely result in a greater number of calls-for-service changing the response dynamic of the existing eight stations. ff the station were not relocated, the area in question would receive longer response times. Relationship to General Plan Development: Relocating Station #8 (Heil) is consistent with the City's General Plan Public Safety response time commitments and would improve the average engine, aerial truck and ALS paramedic response time through-out the City, in particular the Edinger/Beach corridor area_ Allocation To General Plan Buildout 50.00% Reference Document Project Timing: The redevelopment along the Edinger/Beach corridor would likely be the trigger pointfor the need orf this relocation. The station age and limitations are also an issue end could trigger the construction timing. PROPOSED EXPENDITURES 1. Design / Engineering / Administratk 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 12 Time:12:13 PM FI B -251- Huntington Beach Item 9. - 116 V: 1.08.0 Date: 4/27/2012 186 560 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/ Title FS 002 Construct Station #8 (Heil) Apparatus Storage Facility Submitting Departments: Fire Department Project Description: Construct a 1620 square foot reserve apparatus storage facility upon relocation of the extisting Station #6 (Heil) to its proposed future location. The facility would consist of a 2,660 square foot two bays wide by two vehicle deep storage building for up to four reserve response vehicles. There would also be a contiguous 960 square foot basic storage room. The facility would be constructed on the rear portion of the parcel near the hose tower and hose storage building. Justification / Consequences of Avoidance: The proposed storage building is necessary for proper storage of the reserve vehicles and other specialty equipment not used on a routine basis, but important none-the-less. The existing vehicle storage facility cannot store all of the reservse vehciels thatwill be needed at General Plan build-out Relationship to General Plan Development The additional storage sapce is necessary, in part to new deveopment and also because of the limited capaciaty of the single existing reserve vehicle storage facility. Allocation To General Plan Buildout 25.00% Reference Document: Project Timing: The facility would likely be constructed at the same time as the proposed relocation of station *8 (Heil), however, the construction could be completed eta different time. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 -14 2014- 15 through Bad-out Total tgl Years 1. Design 1 Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 120,415.00 327,286.00 1,122,703.00 84,210.00 81,450.00 1,716,044.00 120,415.00 327,266.00 1,122,703.00 64,210.00 81,450,00 1,716,044.00 13 Item 9. - 117 Date: 4/27/2012 Time: 12:13 PM HB -252- Huntington Beech October, 2011 187 561 2015- 16 2014 - 15 through Build-out Total all Years 109,650.00 0.00 1,020,000.00 60,306.00 76,500.00 1,266,458.00 109,650,00 0.00 1,020,000.00 60,308.00 76,500.00 1,268,458,90 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles An d Equipment Project Number/ Title FS 003 Construct A Single Bay/Quarters At Station *4 (Magnolia) Submitting Departments: Fire Department Project Description: Construct a 2,400 square foot addition to Station *4 (Magnolia). The plans consist of an additional bay and sufficient living quarters/training/storage space to the existing two-bay Station *4 (Magnolia). The additional 1,400 square foot vehicle bay would allowfor two additonal response vehicles, in this case an engine and an ambulance. The 1,000 square foot living quarters expansion would increase storage/locker space by approximately 200 square feet and living/training space by approximately 800 square feet Justification / Consequences of Avoidance: The expanded facility will be needed to accommodate the additional calls-for-servce demands from the planned density-inceasing redevelopment from the Downtown Specific Plan and along the southerly portion of the Edinger/Beach Specific Plan corridor. Increased call-load must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Flan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. Relationship to General Plan Development: The facility expansion is required to accommodate higher densities resulting from development consistebtwith the Downtown Specific Plan and the southerly portion of the Edinger/Beach Specific Plan corridor as well for multiple response vehicle demands to other parts of the City. Allocation To General Plan Buildout 50.00% Reference Document Project Timing: As needed and as development impact tee receipts and other revenues become available. PROPOSED EXPENDITURES 2011 -12 2012 -13 2013- 14 1. Design / Engineering / Administrate 0.00 0.00 0.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 4. Contingency 0.00 0.00 0.00 5. Equipment / Other 0.00 0.00 0,00 TOTAL COST: 0.00 0.00 0.00 14 V: 1.08.0 Date: 4/2712012 Time: 12:13 PM HB -253- Huntington each It em 9. - 118 188 562 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/Title FS 004 Acquire An Engine And Ambulance For Station PI (Magnolia) Submitting Departments: Fire Department Project Description: Add an engine company and an ambulance to Station #4 (Magnolia). Project FD-003 details the proposed 2,400 square loot expansion required to house the new enine and paramedic vehicle and staff. Justification / Consequences of Avoidance: Increased call-toad must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Plan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. The expanded facility will be needed to accommodate the additional calls-for-servce demands from the planned density-inceasing redevelopment from the Downtown Specific Plan and along the southerly portion of the Edinger/Beach Specific Plan corridor. Relationship to General Plan Development The facility expansion is required to accommodate higher densities resulting from development consistebt with the Downtown Specific Plan and the southerly portion of the Edinger/Beach Specific Plan corridor as well for multiple response vehicle demands to other parts of the City. Allocation To General Plan Buildout 50.00% Reference Document Project Timing: As needed and as development impact fee receipts and other revenues become available. PROPOSED EXPENDITURES 2011 -12 2012-13 2013 -14 1. Design / Engineering / Administratic 0,00 0.00 0.00 2. Land Acquisition / Right Of Way 0,00 0.00 0.00 3. Construction 0.00 0.00 0.00 4. Contingency 0.00 0,00 0.00 5. Equipment / Other 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 2015 - 16 2014 - 35 through Buad•out Total all Years 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 740,000.00 740,000.00 0.00 740,000.00 740,000.00 15 Item 9. - 119 Date: 412712012 Time:12:13 PM HB -254- Huntington Beach October, 21111 189 563 2015 - 16 2014 - 15 through Build-out Total aS Years 0.00 0.00 0.00 0.00 525,000.00 525,000.00 0.00 0.00 0.00 0.00 525,000.00 525,000.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number./Title FS 005 Acquire An Addition Engine For Station #1 (Gothard) Submitting Departments: Fire Department Project Description: Ad a standard engine company at Station #1 (Gothard). The engine would be fully stocked with and appropriate and sufficient amount of hose, appurtenances end other safety/rescue equipment. Justification / Consequences of Avoidance: The expanded fadlity will be needed to accommodate the additional calls-for-seivce demands from the planned density-inceasing redevelopment from the Downtown Specific Plan and along the Edinger/Beach Specific Plan corridor. Increased call-load must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Plan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. Relationship to General Plan Development: The facility expansion is required to accommodate higher densities resulting from development consistel3t with the Downtown Specific Plan and the Edinger/Beach Specific Plan corridor as well for multiple response vehicles response to other parts of the City. Allocation To General Plan Buildout: 50.00% Reference Document: Project Timing: As needed and as development impact fee receipts and other revenues become available. PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 1. Design / Engineering / Administratic 0.00 0.00 0.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 4. Contingency 0.00 0.00 0.00 5. Equipment! Other 0.00 0.00 0.00 TOTAL COST: 0.00 0.00 0.00 16 V: 1.08.0 Date: 4/27/2012 Time: 12:13 PM HB -255- Huntington Beach Item 9. - 120 190 564 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Fire Suppression/Medic Facilities, Vehicles And Equipment Project Number/ Title FS 006 Acquire An Addition Engine For Station #2 (Murdy) Submitting Departments: Fire Department Project Description: Add a standard engine comperry at Station #2 (Murdy). The engine would be fully stocked with an appropriate and sufficient emiouint of hose, appurtenances and other safety/rescue equipment Justification / Consequences of Avoidance: The expended facility will be needed to arrommodate the additional calls-for-servce demands from the planned density-inceasing redevelopment along the Edinger/Beach Specifc Plan corridor. Increased call-load must be balanced by have adequate fire station quarters and apparatus in order to meet the City's General Plan emergency response goals. Without the additional facilities, the response goals will be unachievable with the greater demands. Relationship to General Plan Development: The facility expansion is required to accommodate higher densities along Edison/Beach Specific Plan and multiple response vehicles demands to other parts of the City. Allocation To General Plan Buildout 50.00% Reference Document: Project Timing: As needed and as development impact fee receipts end other revenues become available. 2015 - 16 PROPOSED EXPENDITURES 2011 .12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 525,000.00 525,000.00 0.00 0.00 0.00 0.00 525,000,00 525,000.00 17 Item 9. - 121 Date: 4/27/2012 Time: 12:13 PM HB -256- Huntington Beach October, 2011 191 565 City of Huntington Beach Circulation (Streets, Signals And Bridges) System 18 HB -257- Item 9. -122 192 566 $0 $0 $O $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 EZI - .6 moll Huntington Beach Master Facilities Plan Local Circulation (Streets, Signals And Bridges) System 2011 - 12 2012 - 15 2013 - 14 2014-15 2015 - 16 Through Project Build Build Out Out Total LC -001 LC -002 LC -003 LC -004 LC -005 LC -006 LC -007 LC -008 LC -009 LC -010 LC -011 LC -012 LC -013 LC -014 LC -015 LC -018 LC -017 LC -018 LC -019 LC -020 LC -021 LC -022 Beach Boulevard And Edinger Avenue Beach Boulevard And Heil Avenue Beach Boulevard And Warner Avenue Beach Boulevard And Slater Avenue Beach Boulevard And Talbert Avenue Beach Boulevard And Garfield Avenue Beach Boulevard And Yorktown Avenue Pacific Coast Highway And Warner Avenue Pacific Coast Highway And Goldenwest Street Pacific Coast Highway And Brookhurst Street Goldenwest Street And Boise Avenue Goldenwest Street And Slater Street Newland Street And Talbert Avenue Newland Street And Warner Avenue Newland Street And Yorktown Avenue Gothard Street And Slater Avenue Gothard Street And Talbert Avenue Ward Street And Garfield Avenue Brookhurst Street And Adams Avenue Miscellaneous Traffic Signal/Intersection improvements Public Works Maintenance Building Public Works Maintenance Vehicles $0 $600,000 $0 $1,000,000 $0 $400,000 $0 $500,000 50 $1,000,000 $0 $1,000,000 $0 $500,000 $0 $2,000,000 $0 $750,000 $0 $750,000 $0 $500,000 $0 $50,000 $0 $500,000 $0 $30,000 $0 $300,000 $0 $500,000 $0 $264,000 $0 $8,800 $0 $10,000,000 $0 $5,000,000 $0 $2,820,000 $0 $65,000 $600,000 $1,000,000 $400,000 $500,000 $1,000,000 $1,000,000 $500,000 $2,000,000 $750,000 $750,000 $500,000 $50,000 $500,000 $30,000 $300,000 $500,000 $264,000 $8,800 $10,000,000 $5,000,000 $2,820,000 $65,000 :8 V: 1.12.0 Date: 4/27/2012 Time: 12:14 PM Huntington Beach October, 2011 Page: 1 193567 Huntin In Beach Master Facilities Plan Local Circulation (Streets, Signals And Bridges) System TOTALS Notes: 1) If project timing is not a component of this effort, then all projects default to their "That Build Out" amount 2015 - 16 Through Project Build 2011 -12 2012 - 13 2013 - 14 2014 - 15 Build Out Out Total $0 $0 $0 $0 $28,537,800 $28,537,800 17ZI - .6 11131I V: 1.12.0 Date: 4/27/2012 Time: 12:14 PM Huntington Beach October, 2011 Page: 2 194568 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/ Tile LC (101 Beach Boulevard And Edinger Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvements to the intersection are proposed: 1) Add elth northbound through lane, and 2) Add a 3rd westbound through lane. Beach Boulevard, being a State Highway, makes this a CALTRANS managed project. Since the project would not be managed by the City, the estimated cost consists of the entire project cost but does not separate those costs into engineering and contingency components. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Seivice (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck. Level SE" is "Unstable Flow:" and is identified as long queues of vehicles waiting upstream of the intersection". Level "E", 'Forced Flow" creates "Jammed conditions, back-ups from other locations restrict or prevent movement'. Relationship to General Plan Development All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D", "E" or 'P. Development anticipated over the next twenty years will generate 454,512 additional daily trip-miles. This is al4.6% increase daily over the City's existing demand of 3,107,224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. Allocation To General Plan Buildout 75.00% Reference Document ProjectTiming: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / AdminIstratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 - 12 0.00 0.00 0.00 0.00 0.00 0.00 2012 -13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 0.00 0.00 600,000.00 0.00 0.00 600,000.00 Total alt Years 0.00 0.00 600,00000 0.00 0.00 600,000.00 21 Item 9. - 125 Date: 4/2712012 Time: 12:14 PM HB -260- Huntington Beach October, 2011 195 569 2015 - 16 2011 -12 2012 -13 2013 - 14 2014 - 15 through Build-out Total all Years 0.00 0.00 1,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 1,000,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/Title LC 002 Beech Boulevard And Heil Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvements to the intersection are proposed: 1) Add 2nd northbound left-fium lane. An alternative would be to construct: 1)A de-facto westbound right turn lane, and 2) add a de-facto southbound right turn lane. Beach Boulevard, being a State Highway, makes this a CALTRANS managed project. Since the projectwould not be managed bythe City, the estimated cost consists of the entire project cost but does not separate those costs into engineering and contingency components. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity Wnere warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "Eu by acting as a bottleneck. Level "E" is 'Unstable Flow." and is identified as along queues of vehicles waiting upstream of the intersection". Level "E", "Forced Flow' creates "Jammed conditions, back-ups from other locations restrict or prevent movement'. Relationship to General Plan Development All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D", "E" or "F'. Development entidpated over the next twenty years will generate 454,542 additional daily trip-miles. This is a 14.6% increase daily overthe City's existing demand of 3,107.224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454,542 added deity tip-miles represent 12.8% of the total 3,561,767 daily trip-miles att.* twenty-year development horizon. Allocation To General Plan Buildout 95.00% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 22 V: 1.08.0 Date: 4/27/2012 Time: 12:14 PM HB -261- Huntington Beach It em 9. - 126 196 570 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/ Title LC 003 Beach Boulevard And Warner Avenue Submitting Departments: Public Works-Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the follcrwing improvements to the intersection are proposed:1) Add a separate westbound right turn lane. An alternative would be to construct the following: 1) A de-facto westbound right turn lane, and 2) add a separate northbound right turn lane. Beach Boulevard, being a State Highway, makes this a C.ALTRANS managed project. Since the project would not be managed by the City the estimated cost consists of the entire project cost but does not separate those costs into engineering and contingency components. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck Level "E" is 'Unstable Flow." and is identified as 'long queues of vehicles waiting upstream of the intersection". Level "E', "Forced Flow' creates 'Jammed conditions, back-ups from other locations restrict or prevent movement". Relationship to General Plan Development: All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D°, "E" or "F". Development anticipated over the next twenty years will generate 454542 additional dailytrip-miles. This is a 14.6% increase daily over the City's existing demand of 3,107,22.1 daily hip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454542 added daily trip-miles represent 12.8% of the total 3,561367 daily trip-miles at the twenty-year development horizon. Allocation To General Plan Buildout 65.00% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years t Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment I Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400.000.00 0.00 0,00 400,000.00 0.00 0.00 400,000.00 0.00 0.00 400,000.00 23 Item 9. - 127 Date: 412712012 Time: 12:14 PM HB -262- Huntington Beach October, 2011 197 571 198 572 199 573 200 574 201 575 202 576 203 577 204 578 205 579 206 580 207 581 208 582 209 583 210 584 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Loce1 Circulation (Streets, Signals And Bridges) System Project Number/ Title LC 017 Gothard Street And Talbert Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvement to the intersection is proposed: 1) Add a 2nd southbound left turn lane. An alternative to that improvement would be: 1) Convert a separate eastbound right turn to a 2nd eastbound through lane. This would be a City-managed project. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck. Level "E" is °Unstable Flow." and is identified as 'long queues of vehicles waiting upstream of the intersection". Level E. "Forced Flow" creates "Jammed conditions, back-ups from other locations restrict or prevent movement". Relationship to General Plan Development All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like "D", "E" or "F. Development anticipated over the next twenty years will generate 454,542 additional daily trip-miles. This is a 14.6% increase daily over the City's existing demand of 3,107,224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454,542 added dailytrip-miles represent 12.8% of the total 3,561,767 daily trip-miles atthe twenty-year development horizon. Allocation To General Plan Buildout 95.00% Reference Document Project Timing: The project will be constructed within normal review of priorities end as adequate and sufficient revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 -14 2014 - 15 through Build-out Total all Years 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240,000.00 24,000.00 0.00 264,000.00 0.00 240,000.00 24,000.00 0.00 264,004.00 37 Item 9. - 14 1 Date: 4/27/2012 Time: 12:14 PM Huntington Beach October, 21111 HB -276- 211 585 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets. Signals And Bridges) System Project Number/ Title LC 018 Ward Street And Garfield Avenue Submitting Departments: Public Works - Engineering Project Description: To maximize the capability to move vehicles and pedestrians across the intersection (in all directions), the following improvements to the intersection are proposed: 1) Add a 2nd eastbound left turn lane, and 2) remove a separate eastbound right turn lane. This would be a City-managed project. Justification / Consequences of Avoidance: There are few opportunities to add additional lane miles through out the City, thus maximum movement of traffic across major circulation routes is critical. Failure to or inability to increase circulation capacity where warranted and needed would reduce the Level of Service (or LOS) traffic flow at intersections of major streets to a Level "E" by acting as a bottleneck. Level "E" is "Unstable Flow:" and is identified as long queues of vehicles waiting upstream of the intersection'. Level "E", 'Forced Flow" creates "Jammed conditions, back-ups from other locations restrict or prevent movement". Relationship to General Plan Development: All new development will impact existing intersections within the City, making some of them require improvements or the LOS will drop to unacceptable levels like ND", "E" or "F". Development anticipated over the next twenty years will generate 454542 additional daily trip-miles. This is a 14.6% increase daily over the City's existing demand of 3,107,224 daily trip-miles, all of which will compete for use of a static number of major roadway lane miles. The 454542 added daily trip-miles represent 12.8% of the total 3,561,767 daily trip-miles at the twenty-year development horizon. Allocation To General Plan Buildout 95.00% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 8,000.00 800.00 0.00 8,800.00 0.00 8,000.00 800.00 0.00 8,800.00 38 V: 1.08.0 Date: 4/27/2012 Time:12:14 PM HB -277- Huntington Beach Item 9. - 142 212 586 213 587 214 588 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number/Title LC 021 Public Works Maintenance Building Submitting Departments: Public Works -Engineering Project Description: Construct a 10,000 square foot split-face block, general-use circulation system maintenance building. The facility would have full utilities and a number of roll-up doors. Approximately 80% of the cost of the additional space would benefit circulation system maintenance. The remaining 20% would be required for the growing storm drainage collection system maintenance needs and would thus be financed with Strom Drainage System Development Impact Fee proceeds. The cot below represents 80% of the proposed facility costs. Justification / Consequences of Avoidance: The additional space needs is required tro support the roughly $40.0 million in additional equipment and supply space needs resulting from the addition of major circulation and strom drainage improvements as well as an untold amount of local street miles and local strom drainage lines. Relationship to General Plan Development The facility expansion is limited to the demand created by the new infrastructure required to support new development Allocation To Genera/ Plan Buildout 95.00% Reference Document ProjectTiming: The project would be constructed based upon normal review of priorities and as adequate and sufficient DIF revenues are collected. 2015-16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 - 14 2014 - 15 through Build-out Tom! all Years 1, Design / Engineering / Administratic 0.00 0.00 0.00 0.00 265,000.00 265,000.00 2. Land Acquisition I Right Of Way 0.00 0.00 am 0.00 0.00 0.00 3. Construction 0.00 0.00 rim 0.00 2,410,000.00 2,410,000.00 4. Contingency 0.00 0.00 0.00 0.00 14.5,000.00 145,000.00 5. Equipment! Other 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL COST:0.00 0.00 0.00 0.00 2,820,00E1.00 2,820,000.00 41 Item 9. - 145 Date: 4/2712012 Time: 12:14 PM HB -280- Huntington Beach October, 2011 215 589 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Local Circulation (Streets, Signals And Bridges) System Project Number./ Title LC 022 Public Works Maintenance Vehicles Submitting Departments: Public Works -Maintenance Project Description: Acquire an additional maintenance utility truck and a traffic signal lift truck. Justification / Consequences of Avoidance: The additional maintenance vehicle would be required to support the additional demands from the roughly $40.0 million in additional circulation system improvements. Relationship to General Plan Development The circulation system maintenance fleet expansion is limited to the demands created by new infrastructure required to support new development Allocation To General Plan Buildout 95.00% Reference Document Project Timing: The proposed afleet additions would be acquired based upon normal review of priorities and as adequate and sufficient or revenues are collected. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 05,000.00 65,000.00 0.00 0.00 0.00 0.00 55,000.00 65,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42 V: 1.08.0 Date: 4/27/2012 Time: 12:14 PM HB -281- Huntington Beech It em 9. - 146 216 590 217 591 Huntin, in Beach Master Facilities Plan Storm Drainage Collection System 2015- 16 Through Project Build 2011-12 2012 - 13 2013 - 14 2014-15 Build Out Out Total SD -001 Santa Ana River & Talbert Channel Region (SD Region #1) $0 $0 $0 $0 $23,728,000 $23,728,000 SD -002 Coastal And Balsa Chios Wetlands Region (SO Region #2) SD -003 Slater Channel Region (SD Region #3) SD -004 VVintersburg Channel Region (SD Region #4) SD -005 Balsa Chica Channel & Harbour Region (SD Region #5) SD -006 Public Works Maintenance Building $0 $0 $0 $0 $21,527,000 $0 $0 $0 $0 $34,236,000 $0 $0 $0 $0 $28,749,000 $0 $0 $0 $0 $98,549,000 $0 $0 $0 $0 $705,050 $21,527,000 $34,236,000 $28,749,000 $96,549,000 $705,050 TOTALS $0 $0 $0 $0 $207494,050 $207494,050 Notes: 1) If project timing is not a component of this effort then all projects default to their ''Thru Build Out" amount 8171 - .6 moll V: 1.12.0 Date: 4127/2012 Time: 12:15 PM Huntington Beach October, 2011 Page: 1 218592 2015-16 2011 -12 2012 -13 2013-14 2014 -15 through Build-out Total all Years 2,847,360.00 0.00 18,982,400.00 1,1398,240.00 0.00 23,728,000.00 2,847,360.00 0.00 18,982,400.00 1,898,240.00 0.00 23,728,000.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number? Title SD 001 Santa Ana River 8, Talbert Channel Region (SD Region #1) Submitting Departments: Public Works - Engineering Project Description: The 788 individual projects within Area lare required to remove storm drainage water from the City's street surfaces and other public areas and safely conveying it to the proper outlet. Sub-drainage region #1 drains the lower central to east and southerly areas of the City. It is generally bordered on the east by the Santa Ana River Channel, on the southwest by the Pacific Coast Highway and the Pacific Ocean, on the west mainly by Alabama and Main Streets, and on the north by Garfield and Ellis Avenues. It encompasses the Santa Ana River and the Talbert Channel Water Quality Planning Area and is represented in watershed Drainage Maps 20-2729-32, 40, and 41. Justification! Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. If not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehide response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system. is appropriate. Allocation To General Plan Buildout 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition I Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 45 Item 9. - 149 1 Date: 4/27/2012 Time: 12:16 PM HB -284- Huntington Beech October, 2011 219 593 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/Title SD 002 Coastal And Eloise Chica Wetlands Region (SD Region #2) Submitting Departments: Public Works - Engineering Project Description: The 235 projects within Area #2 are required to remove storm drainage water from the City's street surfaces and other public areas and safely convey it to the proper outlet Sub-drainage region #2 drains the central southwest area of the City. and is generally bordered by Lake and Main Streets on the east Pacific Coast Highway on the south and west Seapoint Avenue and Edwards Street on the west and Ellis Avenue on the north. Sub-drainage 2 also includes the community surrounding the Springdale/Talbert intersection. It encompasses the Boise. ChiCa. Wetlands and the Coastal Water Quality Planning Area and is represented in watershed Drainage Maps 15-19. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. If not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015 - 15 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 Omagh Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition! Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2,583,240.00 0.00 17,221,600.00 1,722,160.00 0.00 21,527,000.00 2,583,240.00 0.00 17,221,600.00 1,722,160.00 0.00 21,527,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 46 V: 1.08.0 Date: 4/27/2012 Time: 12:16 PM HE -285- Huntington Beach Item 9 _150 220 594 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/Title SD 003 Slater Channel Region (SD Region *3) Submitting Departments: Public Works - Engineering Project Description: The 270 projects within Area #3 are required to remove storm drainage water from the City's street surfaces and other public areas and safely convey it to the proper outlet Sub-drainage region 3 drains the central section of the City, including a portion of the City of Fountain Valley, and is generally bordered by Newland and Magnolia Avenues on the east Ellis. Taylor and Talbert Avenues on the south. Graham and Balsa Chloe Streets on the west and Warner Avenue on the north. Sub-drainage 3 consists of the Slater Channel Water Quality Planning Area and is represented in watershed Drainage Maps 10-15. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. if not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities end as adequate end sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0,00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 4,108,320.00 0.00 27,388,800.00 2,738,880.00 0.00 34,236,000.00 Total all Years 4,108,320.00 0_00 27,388,800.00 2,738,880.00 0.00 34,236,000.00 47 Item 9. - 151 1 Date: 4/27/2012 Time: 12:16 PM HB -286- Huntington Beach October, 2011 221 595 2015 - 16 2011 -12 2012 • 13 2013- 14 2014 - 15 through Build-out Total all Years 3,449,880.00 0.00 22,999,200.00 2,299,920.00 0.00 28,749,000.00 3,449,880.00 0.00 22,999,200.00 2,299,920.00 0.00 28,749,000.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.09 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/ Title SD 004 Wintersburg Channel Region (SD Region *4) Submitting Departments: Public Works - Engineering Project Description: The 220 projects within Area #4 are required to remove storm drainage water from the City's street surfaces and other public areas and safely convey it to the proper outlet.Sub-drainage region 4 includes the northern end northeastern parts of the City. and is generally bordered by Newland Street on the east Heil and Warner Avenues on the south, Springdale Street on the west and McFadden Avenue on the north. Sub-drainage 4 corresponds to the Wintersburg Water Quality Channel Planning Area and is represented in watershed Drainage Maps 6-9. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water will increase in amounts proportional to the amount of imperious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.530 for commercial properties. If not completed, there would be the potential for flooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police, Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout 7.52% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 48 V: 1.05.0 Date: 4/27/2012 Time: 12:16 PM HB -287- Huntington Beach Item 9. - 152 222 596 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/ Title SD 005 Boise Chica Channel a Harbour Region (SD Region #5) Submitting Departments: Public Works - Engineering Project Description: The 279 projects within Area #5 are required to remove storm drainage water from the aty's street surfaces and other public areas and safely convey ill° the proper outlet Sub-drainage region 5 covers the northwestern section of the City, including a portion of the City of Westminster. Bub-drainage 5 corresponds to the Harbor Water Quality Planning Area and the Boise Chico. Channel Water Quality Planning Area and is represented in watershed Drainage Maps 1-5. Justification / Consequences of Avoidance: These improvements are needed to provide efficient removal of storm water from the City's streets, roads and other public areas. Storm water wi II increase in amounts proportional to the amount of impervious surface reducing the capability of the ground to absorb water. The amount ranges from a low of 0.745 for detached dwellings to a high of 0.830 for commercial properties. If not completed, there would be the potential forflooding of downstream creeks, washes and other storm drainage collection pipes. Emergency vehicle response by the City's Police. Fire and Public Works crews could be effected to all areas of the City. Relationship to General Plan Development: A proportional amount of the projects, vis-a-vis the cost of the entire system, is appropriate. Allocation To General Plan Buildout: 7.52% Reference Document Project Timing: The project will be constructed within normal review of priorities and as adequate end sufficient revenues are collected. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 0.00 0.00 0,00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013 -14 0.00 0.00 0.00 0.00 0.00 0.00 2014 -15 0.00 0.00 0.00 0.00 0.00 0.00 2015 - 16 through Build-out 11,825,880.00 0.00 78,839,200.00 7,883,920.00 0.00 98,549,000.00 Total all Years 11,825,880.00 0.00 78,839,200.00 7,883,920.00 0.00 98,549,000.00 49 Item 9. - 153 , Date: 4/27/2012 Time: 12:16 PM HB -288- Huntington Beach October, 2011 223 597 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Storm Drainage Collection System Project Number/ Title SD 006 Public Works Maintenance Building Submitting Departments: Public Works - Engineering Project Description: .Construct a 10,000 split-face block general use, maintenance building. The facility would be have lull utilities and a number of roll-up doors. Approdmately 20% of the cost of an additional 10,000 square foot building in support of General Fund Public Works maintenance from Storm Drainage System Development Impact Fees. The remaining 00% would be financed with Circuation System Development Impact Fees. Justification / Consequences of Avoidance: The additional space needs would be required to supportthe additional demands from the construction of $ }c>>0.0‹ in circulation and storm drainage infrastructure improvements. Relationship to General Plan Development The facility expansion is limited to the demands created by the new infrastructure required to support new development Allocation To General Plan Buildout 100.00% Reference Document: Project Timing: The project will be constructed within normal review of priorities and as adequate and sufficient revenues are collected. 2015-16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 -14 2014 - 15 through Berld-out Total all Years 1. Design / Engineering / Administratit 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 66,250.00 0.00 602,500.00 36,300.00 0,00 705,050.00 66,250,00 0.00 602,500.00 36,300.00 0.00 705,050.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 50 V: 1.08.0 Date: 4127/2012 Time: 12:16 PM FIB -289- Huntington Beach Item 9. - 154 224 598 City of Huntington Beach Public Library Facilities And Collection 51 HB -290- 225 599 Huntin )n Beach Master Facilities Plan Public Library Facilities And Collection 2015 - 16 Through Project Build 2011 - 12 2012 - 13 2013 - 14 2014 - 15 Build Out Out Total PL -001 Expand Banning Branch Library $0 $0 $0 $0 $5,288,470 $5,268,470 PL -002 Expand Main Street Branch Library $0 $0 $9 $0 $1,651,375 $1,551,375 PL -003 Expand Library Collection System $0 $0 $0 $0 $921,524 $921,524 TOTALS $0 $0 $0 $0 $7,841,369 $7,841,369 Notes: 1) If project timing is not a component of this effort, then all projects default to their "Thru Build Out" amount 9C I - .6 uml-I tr, t\.) V: 1.12.0 Date: 4/27/2012 Time: 12:16 PM Huntington Beach October, 2011 Page: 1 226600 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Public Library Facilities And Collection Project Number/Title PL 001 Expand Banning Branch Library Submitting Departments: Library Services Project Description: Expand the Banning Branch Library facilities by 10,100 square feet from the current 2,400 square feet to 12,500 square feet to assit in maintain the existing levels of service and extend those same levels of service to the 17,089 new residents expected to be added through General Plan build-out. Justification / Consequences of Avoidance: The current defacto library standard of space is 0.669 square feet per resident Added 17,089 residents from new General Plan development will create additional demands upon the existing level of service provided by the library. Without increasing library space, the existing standard would decrease to about 0.614 square feet per resident. Relationship to General Plan Development The proposed improvements are required to meet the demands of an increasing residential population. Allocation To General Plan Buildout 100.08% Reference Document Project Timing: Based upon the rate of construction of residential units and thus collection of any imposed development Impact Fees. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 -14 2014 - 15 through Build-out Total all Years 1. Design f Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 535,260.00 808,000.00 3,568,370.00 356,840.00 0.00 5,268,470.00 535,260.00 808,000.00 3,568,370.00 356,840.00 0.00 5,268,470.00 53 Item 9. - 157 1 Date: 4/27/2012 Time: 12:17 PM HB -292- Huntington Beach October, 2011 227 601 2015 - 16 2011 -12 2012-13 2013- 14 2014-15 through Build-out Total all Years 158,165.00 0.00 1,321,100.00 132,110.00 0.00 1,651,375.00 198,165.00 0.00 1,321,100.00 132,110.00 0.00 1,651,375.00 0.00 0,90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Public Library Facilities And Collection Project Number/Title PL 002 Expand Main Street Branch Library Submitting Departments: Library Services Project Description: Expand the Main Street Branch Library facilities by 4,804 square feet from the current 4,500 square feet to 9,304 square feet to assist in the maintenance of the existing levels of service and extend those same levels of service to the 17,089 new residents expected to be added through General Plan build-out The project consists taking 4,804 square feet of the current building that house the branch library currently used by a non-City tenant and turning it into library space. There is no current effort to oust the current tenant however, ultimately the non-library space could easily be converted as librray space. Justification / Consequences of Avoidance: The current defacto library standard of space is 0.669 square feet per resident Added 17,089 residents from new General Plan development will create additional demands upon the existing level of service provided by the library. Without increasing library space, the existing standard would decrease to about 0.614 square feet per resident Relationship to General Plan Development The proposed improvements are required to meet the demands of en increasing residential population. Allocation To General Plan Buildout: 100.00% Reference Document: Project Timing: Based upon the rate of construction of residential units and thus collection of any imposed development Impact Fees. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 54 V: 1.08.0 Date: 4/27/2012 Time: 12:17 PM HB hluntington Beach It em 9. - 158 228 602 Huntington Beach Master Facilities Plan Project Detail infrastructure: Public Library Facilities And Collection Project Number/Title PL 003 Expand Library Collection System Submitting Departments: Library Services Project Description: Expand the public library collection items inventory by roughly 36,861 items to maintain the existing 2.157 collection items per resident currently offered bythe City's library system. Justification / Consequences of Avoidance: Added population from new residential construction will increase the City's residential population by approximately 17,089 additional residents. Without expanding the library collection items inventory, that standard would drop to approximately 1.979 items per resident. Relationship to General Plan Development: The proposed improvements are required to meet the demands of an increasing residential population. Allocation To General Plan Buildout: 100.00% Reference Document: Project Timing: Based upon the rate of construction of residential units and thus collection of any imposed development Impact Fees. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012-13 2013 - 14 2014 -15 through Build -out Total all Years 1. Design / Engineering /Administratic 2. Land Acquisition / Right Of Way 3, Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 921,524.00 921,524.00 0.00 0.00 0.00 0.00 921,024.00 921,024,00 55 Item 9. - 159 Date: 4/27/2012 Time: 12:17 PM HB -294- Huntington Beach October, 2011 229 603 City of Huntington Beach Park Land Acquisition and Park Facilities Development 56 HB -295- Item 9.- 160 230 604 I9T - '6 moll • Huntington Beach Master Facilities Plan Park Land Acquisition And Park Facilities Development 2015- 16 TihrOUgil Project El uitd 2011 - 12 2012 - 13 2013 - 14 2014 - IS ROM Out Cut Tote/ PK 4301 PK -002 PK -003 PM -004 PK -005 PK -0013 'K-007 PK -008 PM -000 PK -014 PK-011 PM -012 PK -013 PM -014 PK-015 PK -016 PK -017 Pt(-t118 PK-010 PM -020 PK -Mt PM -622 Ballelt Park Conceptual Plan And EIR Irby Park Phasell Central Part Farmer Gun Range EIR, RAPAnd Development Le Bard Perk Expansion Master Plan And Development plan iltufttop Park Trail Improvements Edinger Occir Development Wardlcnv Field Reamfiguraticn Deaign/Construction City-Wide Parks Master Plan Central Parkl-raoltat Plan Central Park Acquisitcn Of Encyclopedia Lots Central Perk Development Of Remaining 86 Acres Cant-al Park Rebuild Two Restaurant Fealltles General Youth Sports Facilities Grants Mundy Youth Sports Complex Phase II Beach Playground Cenlral park Development 01FG-floor Gun Range Area Warner DocK Renovation And Expansion Lau* Park Design And Development Cenlrai Park Sports Complex Team Room Future Parks Acquisition [Possible Closed School Sites) Central Park SentorCenter Etimon Community Canter Gymnasium 5400.0410 $325,000 $250,000 $0 SO $120,0110 $6 SO $0 $0 SO $150,000 SO 50 SO so $0 so $O $0 SO so $O $0 SO $0 $O $0 $0 SO $150,000 $D SO $0 $43 SO " $o SO -$0 $0 $5,000,000 30 5500,000 $G $4,000. ON $0 $1200,001J 50 $1,000,050 $0 5786,000 50 5800,000 SO 5350,000 $0 41250.000 $0 $1,020,000 526,000,000 30 $800,000 so,oaa 53,500,000 $0 $2;500,000 SO 3350,000 $3,000•000 $0 $800,000 $O 51,100,11011 $0 5100,000 30 559,588,000 $0 $22,000,000 $0 $2.975,000 $5,400,000 $550,000 $4,325,000 $1,450,000 S1,000,000 $700,000 51,000.000 $350,000 5250.000 51.020,000 520,000,000 5800,000 $4,500,006 32,300,000 $350,000 $3,600,000 $800.000 51,100.000 S100,000 $50.5138,000 522,000,000 $2,975,000 $o SO $0 $o SO 50 $0 so $O $0 $D SO $0 $0 10 V: 1.12.0 Date: 510212012 Time: 11:02 AM iluntington Dead; October, 2011 Page: 1 231605 Huntington Beach Master Facilities Plan Park Land Acquisition And Park Facilities Development 2015- 16 Through Project Buird 2011 - 12 2012-13 2013 - 14 2014 - 15 J3uird Out Out Total PK-023 Ittordy Community Canter Gymnasium $0 So $0 30 $2,975,600 $2.075,000 PK -024 Oak View Recreation Cerrteu - Expansion $1 $0 $0 $600,000 $800,000 TOTALS Notes: 1) IT project timing is not a 0Oreponent of ibis etfOrt, thee an projects default to their -111nu Buitd Our amount $1,245,000 $150,000 5150,1100 $150,000 5135783,000 $137483,003 Z91 - .6 u1Ol-1 Lrz Do V:1.12,0 Date: 5/02/2012 11rne: 11:02 Mel 11Unlington Beach October, 2011 Page: 2 232606 2015 - 16 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 500,000.00 0.00 4,000,000.00 500,000.00 0.00 5,000,000.00 900,000.00 0.00 4,000,000.00 500,000.00 0.00 5,400,000.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/ Tile PK 001 Bartlett Park Conceptual Plan And EIR Submitting Departments: Community Services Project Description: The project consists of the environmental assessment and conceptual plan for the remaining 28 acre Bartlett Park largely an Environmentally Sensitive Habitat Area (ESHA). The preliminary plans include a natural-passive use consisting of trails. trailhead kiosks, and limited, natural parking. Justification / Consequences of Avoidance: The park improvements are needed for protection of the currently open or vacant parcel. Roughly BO% of the park would remain untouched with improvements designed to protect that 90%. Relationship to General Plan Development Utile direct relationship, but the improvements are consistentwith the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: The design and environment assessment component is planned for 2009 to 2010. The first construction component is planned for between 2010 and 2020. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 2011 -12 400,090.00 0,00 0.00 0.00 0.00 400,000.00 59 Item 9. - 163 Date: 4/27/2012 Time: 11:36 AM HB -298- Huntington Beach October, 2011 233 607 2015 - 16 2011 - 12 2012 - 13 2013 - 14 2014-15 through Build-out Total all Years 50,000.00 0.100 400,000.00 50,000.00 0.00 500,000.00 50,000.00 0.00 400,000.00 50,000.00 0.00 500,000.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 002 Irby Park Phase II Submitting Departments: Community Services Project Description: The project consists of the development of the remaining eight acres. Construct bio-filter and water retention area. In addition, construct trails, passive pocket areas, interpretive signs and a small area of neighborhood park improvements (climbing apparatus, benches, picnic tables) adjacent to the neighborhood area. The more active portion would be designed in a fashion to protect the more natural areas. Justification / Consequences of Avoidance: The park needs a combination of passive/active improvements to create a balance of active uses with protection of the water retention needs, The water retention needs would receive appropriations from storm drainage sources. a State Public Works Grant. Relationship to General Plan Development Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Binh:lout 0.00% Reference Document ProjectTiming: Based upon receipt of State (Public Works) Grant The project is in conjunction with a PW State Grant- matching funds. PROPOSED EXPENDITURES 1. Design 1 Engineering / Administratir 2. Land Acquisition 1 Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 60 V: 1,08.0 Date: 4/27/2012 Time: 11:36 AM HB -299- Huntington Beach It em 9. - 164 234 608 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 003 Central Park Former Gun Range EIR RAP And Development Submitting Departments: Community Services Project Description: The project consists of an Environmental Impact Review, Remedial Action Plan and ultimately a development plan. The gun range has been inactive for overten years and the accumulated lead in the soil and use of creosote wood presents an environmental problem and must be remediated before re-use. Phase I consists of preparation of an Environmental Impact Report and Remedial Action Plan. Phase II ($2.0 million) is an estimate of the range remediation. Phase Ill (also $2.0 million) is the actual site improvements to turn it into an active park use, proposed at this time to be a skate park Justification / Consequences of Avoidance: The roughly five acre gun range area is part of the City's major regional park and needs to be used to its maximum potential in a yet to be determined manner. Relationship to General Plan Development Little direct relationship. but the improvements are consistent witn the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document Project Timing: The study/report site remediation and site improvements are planned for a period between 2010 and 2020. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013-14 2014 - 15 through Build-out Total all Years 1. Design / Engineering! Administratic 325, 000.00 0.00 0.00 0.00 0.00 325,000.00 2. Land Acquisition / Right Of Way 0.00 0.00 0.00 0.00 0.00 0.00 3. Construction 0.00 0.00 0.00 0.00 4000,000.00 4,000,000.00 4. Contingency 0.00 0.00 0.00 0.00 0.00 0.00 5. Equipment/Other 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL COST:325,000.00 0.00 0,00 0.00 4,000,000.00 4,325,000.00 61 Item 9. - 165 Date: 4/2712012 Time:11:36 AM HB -300- Huntington Beach October, 2011 235 609 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number] Title PK 004 Le Bard Park Expansion Master Plan And Development Plan Submitting Departments: Community Services Project Description: Undertake the Park Master Plan and construction documents necessary to expand the turf area end park amenities on the two remaining undeveloped acres. The improvements will be completed in a single phase. Improvements also include the elimination of drainage problems and construction of a ramp to the Santa Ana River Trail. Justification / Consequences of Avoidance: The park improvements are necessary to complete the park and maximize the roughly five acres available atthis park Relationship to General Plan Development: Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development. The project is also capacity increasing. Allocation To General Plan Buildout OM% Reference Document: Project Timing: As park-related revenues become available. PROPOSED EXPENDITURES 2011 -12 1. Design / Engineering / Administratic 250,000.00 2. Land Acquisition / Right Of Way 0.00 3. Construction 0.00 4. Contingency 0.0o 5. Equipment / Other 0.00 TOTAL COST: 250,000.00 2015-16 through Build-out 0.00 0.00 1,200,000.00 0.00 0.00 1,200,000.00 Total all Years 250,000.00 0.00 1,200,000.00 0.00 0.00 1,450,090.00 2012 - 13 2013 -14 2014 - 16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62 V: 1.08.0 Date: 412712012 Time: 11:35 AM HB -301- Huntington Beach I It em 9. - 166 236 610 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title Pi< 005 Blufftop Park Trail Improvements Submitting Departments: Community Services Project Description: Construct improvements to the existing two and a half-mile long asphalt trail, including a split trail system for pedestrian and wheeled traffic. The project includes 15% for citizen input, project design/engineering, soils and materials testing, project plan check and construction inspection. The project also includes a standard 10% for project contingency. Justification / Consequences of Avoidance: The project is necessary to reduce the rate of erosion of the very important blufftop area. Relationship to General Plan Development: None directly, the improvements are primarily necessary to maintain an existing asset Allocation To General Plan Buildout: 0.00% Reference Document Project Timing: As revenues permit. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment ! Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013 - 14 0.00 0.00 0.00 0.00 0.00 0.00 2014 - 15 0.00 0.00 0.00 0.00 0.00 0.00 2015 -16 through Build-out 120,000.00 0,00 800,000.00 80,000.00 0.00 1,000,000.00 Total all Years 120,000.00 0.00 800,000.00 80,000.00 0.00 1,000,000.00 63 Item 9. - 167 Date: 4/27/2012 Time: 11:35 AM HB -302- Huntington Beach October, 2011 237 611 2015 - 16 2011 -12 2012 - 13 2013 -14 2014 - 15 through Build-out Total all Years 50,000.00 0,00 0.00 600,000.00 50,000.00 700,000.00 50,000.00 0,00 0.00 600,000.00 50,000.00 700,000,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 1106 Edinger Dock Development Submitting Departments: Community Services Project Description: Construct a new dock and boat launch. Justification/ Consequences of Avoidance: The improvements need to be made to meet the recreational boating needs of the community. Relationship to General Plan Development: Little direct relationship, butthe improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development. Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: Within priority and as Park Fund revenues become available. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition! Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 64 V: 1.08.0 Date: 4/27/2012 Time: 11:36 AM HB -303- Huntington Beach It em 9. - 168 238 612 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/ Title PK 007 Wardlow Field Reconfiguration Design/Construdion Submitting Departments: Community Services Project Description: Reconfigure the park to accommodate a youth sports field and plan for additional parking. Construction costs for the little league field and parking lot are included at $380,000. Justification / Consequences of Avoidance: The parks earlier configuration is inefficient in terms of space. Relationship to General Plan Development: Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: 2010. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014 - 15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 120,000.00 0,00 0.00 0.00 0.00 120,000.00 0.00 0.00 800,000.00 80,000.00 0.00 880,000.00 120,000.00 0.00 800,000.00 80,000.00 0.00 1,000,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.90 0.00 0.00 0.00 0.00 65 65 Item 9. - 169 Date: 4/27/2012 Huntington Beach October, 2011 Time: 11:36 AlVI HB -304- 304 - 239 613 2015 - 16 2011 -12 2012 - 13 2013 -14 2014 - 15 through Build-out Total all Years 350,000.00 0.00 0.90 0.00 0.00 350,000.00 350,000.00 0,00 0.00 0.00 0.00 360,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/ Title PK 008 City-Wide Parks Master Plan Submitting Departments: Community SenAces Project Description: The project consists solely of the preparation of a Perks Master Plan. Justification / Consequences of Avoidance: A Master Plan of Parks is needed to insure the continued rational programmed development of the City parks system. Relationship to General Plan Development A Park Master Plan for the continued development of the City's Park system is directly related to General Plan development. Allocation To General Plan Buildout: 0.00% Reference DOCUment Project Timing: The project is scheduled for the period of 2010 to 2020. PROPOSED EXPENDITURES 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 66 V: 1.08.0 Date: 4/27/2012 Time: 11:36 AM HB -305- Huntington Beach' Item 9. - 170 240 614 241 615 242 616 243 617 244 618 245 619 246 620 247 621 248 622 249 623 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number./ Title PK 018 Lamb Park Design And Development Submitting Departments: Community Services Project Description: Design, engineer and construct park improvements on the 2.4 acre Lamb Park site. The improvements would include lighted sports facilities (ballfield and sportslield) and other neighborhood fixtures such as benches, sidewalks, drinking fountains and a play apparatus on the parcel, a closed school site. Justification / Consequences of Avoidance: The park improvements, mostly sports oriented, are necessary to complete the park and maximize the roughly 2.4 acres available at this park. Relationship to General Plan Development Little direct relationship, but the improvements are consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: The project design is planned for 2010 and the construction between 2010 and 2020. PROPOSED EXPENDITURES 1. Design / Engineering I Administrate 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment! Other TOTAL COST: 2011 -12 0.00 0.00 0.00 0.00 0.00 0.00 2012 - 13 0.00 0.00 0.00 0.00 0.00 0.00 2013-14 0.00 0.00 0.00 0,00 0.00 0.00 2014 -15 0.00 0.00 0.00 0.00 0.00 0,00 2015 - 16 through Build-out 132,000.00 0.00 880,000.00 88,000.00 0.00 1,100,000.00 Total all Years 152,000.00 0.00 880.000.00 88,000.00 0.00 1,100,000.00 76 V: 1.08.0 Date: 4/2712012 Time: 11:36 AM HB -315- Huntington Beach I tem 9 . - 180 250 624 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Lend Acquisition And Park Facilities Development Project Number:/ Title PK 010 Central Park Sports Complex Teem Room Submitting Departments: Community Services Project Description: Construct a team-room at the sports complex. The facility would be used by teams for during game breaks. The fa.cility would have electrical service and possibly a drinking fountain but would not include shower/locker facilities. Justification/Consequences of Avoidance: The facility will provide sports teams with a location for team discussions, changing and personal effects security. Relationship to General Plan Development Little direct relationship, but the improvements axe consistent with the City's General Plan Recreation Element and indirectly support the additional residents resulting from new development. The project is also capacity increasing. Allocation To General Plan Buildout 0.00% Reference Document Project Timing: The project design is planned for 2010 and the construction between 2010 and 2020. 2015 - 16 PROPOSED EXPENDITURES 2011 -12 2012 - 13 2013 - 14 2014-15 through Build-out Total all Years 1. Design / Engineering / Administratic 2. Land Acquisition / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00 77 Item 9. - 18 1 Date: 412712012 Time: 11:36 AM HB -316- Huntington Beach October, 2011 251 625 252 626 253 627 254 628 255 629 2015 - 16 2011 -12 2012 -13 20-13 -14 2014 -15 through Build-out Total ail Years 80,000.00 0.00 640,000.00 64,000.00 16,000.00 800,000.00 80,000.00 0.00 640,000.00 64,000.00 16,000.00 800,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach Master Facilities Plan Project Detail Infrastructure: Park Land Acquisition And Park Facilities Development Project Number/Title PK 02.1 Oak View Recreation Center Expansion Submitting Departments: Community Services Project Description: Construct a roughly 2,000 square foot expansion to the existing 10,000 square foot Oak View Recreation Community Center. The facility would consist of a game room, multi-purpose room and a restroom. Justification / Consequences of Avoidance: The facility is necessary (or planned) to maximize the fairly small facility. Relationship to General Plan Development The proposed land-use database indicates additional residential dwellings thatwould likely result in roughly 17,089 additional residents requiring at least 10,595 square feet of public use space in order to maintain the existing level of service (LOS) Allocation To General Plan Buildout 0.00% Reference Document: Project Timing: The expansion is planned for construction between 2010 and 2020. PROPOSED EXPENDITURES 1. Design / Engineering/ Administratic 2. Land Acquistion / Right Of Way 3. Construction 4. Contingency 5. Equipment / Other TOTAL COST: 82 Huntington Beach I tem 9. - 186 V: 1.08.0 Date: 4/27/2012 Time: 5:26 PM HB -32 1- 82 - 256 630 End of Plan Item 9. - 187 11B -322- 257 631 ATTACHMENT #10 258 632 259 633 evenue ost pecialists, LLC Serving Local Governments Since 1975 October 17, 2011 (amended April 27, 2012) Honorable Mayor and City Council Via Mr. Fred Wilson, City Manager City of Huntington Beach - City Hall 2000 Main Street Huntington Beach, CA 92648 RE: 2011 -12 Master Facilities Plan and Development Impact Fee (DIF) Calculation Honorable Mayor, Council and City Manager Wilson: The City is experiencing private development of remaining vacant parcels and the on-going redevelopment of existing homes and businesses. This continuous development results in increased demand that must be absorbed (and accommodated) by the City's existing infrastructure and the Levels of Service (LOS) offered by that existing infrastructure. Revenue & Cost Specialists, L.L.C., was contracted to undertake a comprehensive identification of the capital projects and capital acquisitions necessary to accommodate all such new demands for municipal service. Such a study is necessary to preserve the existing Levels of Service (LOS) currently offered to and enjoyed by (after having been paid for by) the existing community from the diminution of those existing LOS due to the addition of new residential and business development in Huntington Beach and calculate the development impact fees (DIFs) necessary to fund those required projects. Council and City staff, responsible for providing services to a continually expanding residential and business community, must recognize that the magnitude of the impact fees is a direct function of the nearly $403.4 million cost of the capital projects identified in the Master Facilities Plan as needed or required to accommodate new development. Regardless, anyone in the position of the Council members may find themselves reluctant to adopt the impact fees merely because they appear "too high". It is incumbent upon this Report and RCS Staff to convince the City Council of the justification and importance of the proposed impact fees The following Report calculates some new and a few updated impact fees for the City of Huntington Beach based on the aforementioned changes and the City's changing requirements for public safety, streets and signals, storm drainage and other quality of life facilities. The adoption of the updated DIFs will enable this City Council, as well as succeeding Councils, to continue to ensure that the City will be able to meet the basic infrastructure needs of new growth, without unduly burdening the existing population and business community for these development-generated capital costs. Voice . 714 . 992. 9920 Fax 734 '9C Item 9. - 190 Internet ww revenuecot corn 1519:E.chapm Ave HB -325 FuJ1eitb CA 92831 260 634 $71,246,699 $61,234,227 $533,539,375 $203,631,313 $76,593,112 $1,166,934,162 $2,113,178,888 Page 2 10/17/11 (amended 04/27/12) Letter to the Huntington Beach City Council and Staff Adoption of the recommended impact fees contained herein and imposition upon the numerous development opportunities in the City of Huntington Beach, would generate approximately $172.1 million in a combination of public improvement dedications and DIF revenues limited for use on the many capital expansion projects deemed as development generated. Existing Impact Fee Fund balances ($3.5 million) and other revenues sources ($23.0 million) make up a significant amount of the difference between the capital total and the total revenue sources. This leaves a shortfall of $204.8 million (95% of which is $194.4 million in unfunded storm drainage projects). The identification of $403.4 million in capital needs mostly generated by new development, is not to be taken lightly, but must be examined in perspective to the cost of existing infrastructure, facilities, vehicles and equipment that a new development will share in the use and enjoyment of upon City review, approval, construction and finally, occupancy. To offer such a perspective, a major element in this Report is a proportional analysis, or comparison of what is being asked of future residents, in the form of dedicated public improvements or an in-lieu (impact fee) payment, with the cost of the City's existing infrastructure (land, facilities, and equipment), contributed by the existing population and business community. The dedications, taxes and assessments contributed to date by the existing community over numerous decades of development have generated just over $2.1 billion (at current replacement costs) in infrastructure or capital improvements to the City of Huntington Beach. The following table identifies those existing asset commitments (or equity if you will), by infrastructure. Law Enforcement Facilities, Vehicles and Equipment Fire Suppression/Medic Facilities, Vehicles and Equipment Circulation (Street, Signals and Bridges) System Storm Drainage Collection System Public Library Facilities and Collection Park Land and Park Facilities Development Total Existing Infrastructure Replacement Investment Item 9. - 191 HB -326- 261 635 Page 3 10/17/11 (amended 04/27/12) Letter to the Huntington Beach City Council and Staff It is not intended for the recommended Development Impact Fee schedule to address all of the City's capital needs, as identified on the various schedules in this Report. As per California Government Code 66000 et. seq. and common fairness, development impact fees cannot address current capital deficiencies. The proposed fees will recognize and meet the needs of the City's growing population and business community. However, with the adoption of development impact fees, other City discretionary revenue resources that may have been used to meet growth-generated needs for expanded services and facilities will now be available for those accumulating replacement and rehabilitation projects. The information required to develop the City's capital costs and equity data was generated by the Huntington Beach staff, without whose help and cooperation, this Report would have been impossible to complete. The following management and support personnel were instrumental in working with RCS staff to gather or generate the information and technical data so critically necessary for the legal support of impact fees through the Master Facilities Plan and/or the Development Impact Fee Calculation and Nexus Report. They are: Stephanie Beverage, Director of Library Services M. Todd Broussard, P.E, Principal Engineer (Storm Drainage) David Brunetta, Police Captain Luann Brunson, Senior Administrative Analyst - Community Services David C. Dominguez, Facilities Development/Concessions Manager Debbie Dove, - Police Specialist Eric C. Enberg - Fire Division Chief- Operations Jim B. Engle, Community Services Director Scott Hess, Director of Planning Mindy James - Police Budget Manager Kevin Justen, Senior Administrative Analyst - Fire Tung M. Kao, - Information System/Network Specialist - Police Jeff Lopez, Deputy Fire Marshall/Programs Darin Maresh, Fire Department Specialist Mike McClanahan, Deputy Fire Marshall/Training Shirley McNamee. Police Personnel Analyst Tony Olmos, City Engineer Ricky Ramos, Senior Planner Bill Reardon, Fire Marshall/Division Chief Dan Richards, Information System GIS Manager Bob Stachelski. Transportation Manager Chuck Thomas, Police Captain Jerry Thompson, General Services Manager Ashley Wallace, Graduate Management Intern Darren Witt, Fire Engineer HB -327- Item 9. - 192 262 636 Page 4 10/17/11 (amended 04/27/12) Letter to the Huntington Beach City Council and Staff The revisions are limited to merging what had been Chapter 8 (Community Use Facilities) and Chapter 9 (Park Land and Park Facilities Development into one Chapter) merging both the calculation and proposed capital projects. The companion Master Facilities Nan does the same by merging the four Community Use Facilities projects into the Park Land Acquisition and Park Facilities Development section. This was undertaken to provide the City greater flexibility to address the City's capital project needs and priorities over time. The resulting impact fees did not change beyond the reduction of a single dollar reduction for Attached Dwellings (due to rounding of whole dollars). Schedule 2.1 the proposed Development Impact Fees will demonstrate this. Without their hard work and willingness to provide the best data available, this Report could not have been completed to the degree of accuracy and completeness that it has. I would like to highlight the efforts of Bob Hall, Deputy City Manager for his efforts in generating timely responses to RCS's many requests for critical information. The quality of information and resulting calculation were directly improved by all of the participating staff member's efforts. The Development Impact Fee Calculation and Nexus Report and the Master Facilities Plan appendix are now submitted for your review and consideration. RCS is prepared to assist in increasing the Council's and community's understanding of this very significant part of the City's revenue structure. Sincerely, Scott Thorpe, Vice President Item 9. - 193 HB -328- 263 637 CITY OF HUNTINGTON EACH DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT and MASTER FACILITIES PLAN TABLE OF CONTENTS Page No. Chapter 1 - Background and Introduction 1 Chapter 2 - Demographics and Findings 16 Schedule 2.1 Proposed Development Impact Fee Schedule 26 Chapter 3 - Law Enforcement Facilities, Vehicles and Equipment 27 Chapter 4 - Fire Suppression/Medic Facilities, Vehicles and Equipment 40 Chapter 5 - Circulation (Streets, Signals and Bridges) System 54 Chapter 6 - Storm Drainage Collection System 70 Chapter 7 - Public Library Facilities and Collection 82 Chapter 8 - Park Land Acquisition and Park Facilities Development 89 Appendix A - Expanded Land-use Database 108 Appendix B - Summary of Recommendations 111 Appendix C - Master Facilities Plan 114 HB -329- Item 9. - 194 264 638 Chapter 1 Background and Introduction The City of Huntington Beach has retained Revenue Sz. Cost Specialists, L.L. C. to recalculate some of the City's existing Development Impact Fee (henceforth occasionally referred to as DIFs) schedules calculated at various points in time. Since that time, the City has experienced continued development of vacant land within the City. There is no reason to believe that the remaining undeveloped parcels will not also develop and underutilized parcels will redevelop, the current temporary economic building climate not-with-standing. The periodic review and adjustment of the Development Impact Fees that the City has committed to, are appropriate and warranted. Such updates are necessary to insure that the City collects sufficient DIF revenues to construct or acquire the additional infrastructure needed to accommodate new residents and businesses developing in the City. This DIF calculation effort that staff has undertaken results in a complete list of projects to be financed by the recommended Development Impact Fee schedule.' The information contained in the Development Impact Fee Calculation and Nexus Report and the accompanying Master Facilities Plan (MFP) will allow the City Council to make more informed policy decisions. The DIF/MFP also combine to provide greater understanding or the need by the development community. It also provides an. easier project tracking (and updating) system for the staff. Proportional Analysis. For perspective on the total amount of the calculated DIFs this Report includes a proportional analysis, or a comparison of the infrastructure identified as required to accommodate continued development through General Plan build-out with that of the City's existing infrastructure. This proportional analysis is intended to reconcile any difference between the City's desired level-of-service (LOS) required of new development, per statements in the various General Plan elements, with that of the de-facto or actual level of service currently provided to the existing community. This addition will assist the Council in making many difficult policy decisions regarding the required additions of new development and will also recognize inter-generational equity along with common sense fairness. Development Impact Fee Structure. The City's General Plan provides a range of potential densities for residential development. The DIFs for residential uses need to be calculated on a per dwelling unit basis to reflect more accurately the average impacts for a specific development. For example, a parcel zoned for development as detached dwelling units may contain from three to six units per acre. If fees are calculated on an acreage basis, the developer proposing three units per acre will pay the same amount as a developer constructing six units per acre. Development impact Huntington Beach 2011-12 Development Impact Fee Calculation Report Item 9. - 195 HB -330- 265 639 Chapter One Background and Introduction fees for business uses are calculated on a square footage basis for commercial, office and industrial properties to reflect the impacts of different building intensities for this type of development. This structure addresses the issue of building expansion or intensification of commercial, office and industrial areas. For example, if a property owner of commercial, office or industrial property proposes an expansion to his building, the question exists about how to charge this proposed expansion for its impact on the City's streets, storm drainage system, and other infrastructures. A fee calculated on a building square footage basis will simplify this calculation. CALCULATION OF DEVELOPMENT IMPACT FEES In California, State legislation sets certain legal and procedural parameters for the charging of these fees. This legislation was passed as AB1600 by the California Legislature and is now codified as California Government Code Sections 66000 through 66009. This section of State Code became effective January 1, 1989. AB1600 requires documentation of projects to be financed by Development Impact Fees prior to their levy and collection, and that the monies collected actually be committed within five years to a project of "direct benefit" to the development which paid the fees. Many states have such controlling statutes. Specifically, AB1600 requires the following: 1. Delineation of the PURPOSE of the (development impact) fee. 2. Determination of the USE of the (development impact) fee. 3. Determination of the RELATIONSHIP between the use of the public facilities and the type of development paying the (development impact) fee. 4. Determination of the relationship between the NEED for the facility and the type of development project. 5. Determination of the relationship between the AMOUNT of the fee and the COST of the portion of the facility attributed to the specific development project. This Report, with some additions, utilizes the basic methodology consistent with the above requirements of AB1600. Briefly, the following steps were undertaken in the calculation of impact fees for the City and are listed following: Huntington Beach 2011-12 Development Impact Fee Calculation Report 2 HB -331- Item 9. - 196 266 640 Chapter One Background and Introduction 1. Review the City's land use map and determine the existing mix of land uses and amount of undeveloped and developed land. The magnitude of growth and its impacts can thus be determined by considering this land use data when planning an infrastructure required to support General Plan build-out. This all-important inventory is summarized in Table 2-1 in Chapter 2 and detailed in Appendix A. 2. Define the level of service needed within the General Plan area for each project or acquisition identified as necessary. In some areas, certain statistical measures are commonly used to measure or define an acceptable level of service for a category of infrastructure. Street intersections, for instance, are commonly rated based on a Level of Service scale of "A" to "F" developed by transportation engineers. In some cases the identified level of service required of development may exceed that of what the City is currently providing. If so the reason must be explained and a methodology identified for raising the existing community's level of service without requiring new development to finance this increase. 3. Identify all additions to the capital facilities or equipment inventory necessary to maintain the identified levels of service in the area. Then, determine the cost of those additions. 4. Identify a level of responsibility of General Plan development, identifying the relative need for the facility or equipment necessary to accommodate additional growth as defined, and as opposed to current needs. 5. Distribute the costs identified as a result of development growth on a basis of land use demand. Costs are distributed between each land use based on their relative use, nexus or demand on that particular capital infrastructure system. For example, future street costs were distributed to each land use based on their trip generation characteristics (frequency and distance creating daily trip-miles). Huntington Beach 2011-12 Development Impact Fee Calculation Report 3 Item 9. -197 HB -332- 267 641 Chapter One Background and Introduction OTHER ASSUMPTIONS OF THE REPORT In addition to the land use assumptions contained in the next Chapter of this Report, other important assumptions of this study include the following: Land Costs. Cost estimates for land acquisition were developed after discussions with City officials. Arguments for higher or lower costs can be made. However, the Report contains land costs (per acre) which are estimated to be the most appropriate figures for purposes of this study. PROPORTIONALITY TEST A test for proportionality is important, if for no other reason, than because it attempts to identify and achieve community inter-generational equity, i.e., fairness in balancing the infrastructure investment made by existing residents and businesses with the investment asked of new residents and businesses that will benefit from the existing infrastructure. In short, previous generations of businesses and residents have contributed to the development of the City's existing infrastructure and this fact should be recognized by future residents and businesses by contributing a like amount (but no more than) toward completing the various infrastructure systems. Mere replacements or the elimination of an existing deficiency cannot be required of new development. It is one thing to identify the many public improvement projects needed through build-out. It is an entirely different thing to assume that all of the identified improvements are required to meet the demands of the new development. Clearly, some projects are replacements of the existing infrastructure while others are capacity increasing projects. Within the category of the latter, they may also be further classified into two categories; 1. Projects dealing with existing deficiencies, i.e., projects required regardless of whether there is additional development or not. An example' would be a traffic intersection currently controlled by stop signs that currently meets traffic warrants for a traffic signal, but is unfunded. However, some portion of that signal may be appropriate for impact fee financing. Another example would be the replacement of an existing but aged facility that creates no more capacity, but is merely the replacement of that same capacity. 2. Projects that are required as a result of development. An example of this would be a signal that is currently controlled quite adequately by stop signs, but because of development in the near and "downstream" areas, will ultimately need to be signalized. All impact fee calculations claim to be fair. Government Code §66000 (also referred to as Huntington Beach 2011-12 Development Impact Fee Calculation Report 4 HB -333- Item 9. - 198 268 642 Chapter One Background and Introduction AB1600) takes only two pages of text to describe the findings that development impact fees must adequately make, but does not explain specifically how to do so. Most DIP calculations will identify the desired or needed capital projects, ostensibly required as a result of the new development. Therefore, what is fair and equitable? Is it fair to require future residents and businesses in a city to construct, via payment of impact fees, a new Police Station when the current station is merely rented or leased space? On the other hand, if a community already has all of the water utility system they will need at build-out, are they precluded from imposing an impact fee to recoup some of that expenses incurred in the construction of the maximum needed water utility improvements prior to need for the maximum demand? These are difficult questions that may be made clearer and easier by reviewing the following examples. Comparison of Needed Infrastructure with Existing Infrastructure. The answer to these difficult questions may best be answered by comparing various infrastructure scenarios. This can be accomplished by looking closely at our friends in the planned community of Happy Valley 3 for a few scenarios to explain the three possible conditions that can occur regarding the agency's current infrastructure and the demand upon them. We will use the provision of fire protection, a service that most of us as nonprofessional fire fighters can somewhat understand. These three "conditions" include that the fire suppression system infrastructure construction has: 1. been On -target. 2. been Deficient. Or; 3. created Excess Service Capacity. Adoption of a Standard - According to the National Fire Protection Association (NFPA), a standard two-bay fire station (estimated for purposes of this example to cost about $3,000,000) can meet the needs of roughly 5,000 homes or 10,000,000 square feet of business pad. If these standards were adopted as Happy Valley's public safety element of the City's General Plan, they would be known as the demure or stated (or desired) standard (i.e., the standard the community would like to meet). This fee would be referred to as the General Plan Build-out Need -based Development Impact Fee. The inductive development impact fees (or cost per proportional unit served) for this de jure standard would then be: Table 1-1 Calculation of NFPA Impact Cost andlise ta.tion÷e- _ st, 'nits -Served-- Impact Fe Residential Dwellings $3,000,000 5,000 $600.00 per home Business Square Feet $3,000,000 10,000,000 $0.30 per S.F. Huntington Beach 2011-12 Development Impact Fee Calculation Report 5 Item 9. - 199 HB -334- 269 643 10,000 Residential Dwellings Umber f nits'servecl -by. 0 tie_ StatiO Residential Dwellings 6,250 5,000 1.25 Stations Units serve ne Station Chapter One Background and Introduction Service Base - Happy Valley's General Plan indicates that at General Plan build-out there will be 10,000 residential units and about 20,000,000 square feet of commercial/office/industrial space creating a need for four stations at build-out. The station calculation is as follows: Table 1-2 Determination of Required Number of Stations 5,000 2 Stations Business Square Feet 20,000,000 10,000,000 2 Stations Required Stations at General Plan Build-out 4 Stations The infrastructure is "On -target" - The need for four stations appears simple and the Happy Valley Council need only impose the impact fees identified in Table 1-1. Currently, Happy Valley has 6,250 residential units and 7,500,000 square feet of commercial/industrial building pad and is half "built-out" (in terms of fire calls for service). In this example, existing development within Happy Valley is generating half of the ultimate (General Plan build-out) fire calls-for-service. This is demonstrated in Table 1-3 following: Table 1-3 Development of Current Infrastructure is "On-Target" Business Square Feet 7,500,000 10,000,000 0.75 Stations Total Number of Stations Required Currently 2.00 Stations Conversely, Happy Valley has the remaining half of its fire demand (in terms of calls-for-service) Huntington Beach 2011-12 Development Impact Fee Calculation Report 6 1-IB -335- Item 9. - 200 270 644 nits served by Ine Station - Residential Dwellings 3,750 $600.00 $2,250,000 Chapter One Background and Introduction yet to come. Left to build are 3,750 detached dwelling units and 12,500,000 square feet of business floor space, and when constructed would generate the following capital needs identified on Table 1-4 following: Table 1-4 Remaining Development and Station Requirement Residential Dwellings Business Square Feet 3,750 5,000 0.75 Stations 12,500,000 I 10,000,000 1.25 Stations 2.00 Stations # of New Stations Required from Land to be Developed If the earlier calculated impact fees ($600 per residence and $0.30 per square foot of business pad) were adopted and imposed, Happy Valley would collect (by General Plan build-out) enough capital revenues to construct the remaining two stations and proportionality between existing and future residents and businesses would be evident. Table 1-5 following demonstrates this: Table 1-5 Remaining DIE Collection Business Square Feet 12,500,000 $0.30 $3,750,000 Amount Collected in Development Impact Fees $6,000,000 Cost of a_Single New Station $3,000,000 Stations to be Built with Development Impact Fees 2.00 And everyone in the community of Happy Valley is adequately served by the four stations having been financed generally fairly by the total community. Huntington Beach 2011-12 Development Impact Fee Calculation Report 7 Item 9. -201 MB -336- 271 645 Cost of One New Station $3,000,000 Residential Units 3,750 $300.00 $1,125,000 Business S.F.12,500,000 $0.15 $1,875,000 Amount Contributed by Existing Community $3,000,000 Station(s) built with Community's Contribution 1.00 Chapter One Background and Introduction The infrastructure is in Deficient Condition - Consider, however, the implications if the current Happy Valley residents and businesses had shown the earlier limited commitment to contribute only enough financing to construct one station when, based upon their own adopted standards and level of development, they should have two stations? Clearly three more stations would be needed on the path to General Plan "build-out." The possibility of requiring the remaining future home and business owners to finance all three remaining stations would be completely inequitable. But would it be fair and equitable to charge new residents the $600 per home and new businesses the $0.30 per business square foot in order to acquire the remaining two stations required to meet the NFPA standards required of the new development? The simple and direct answer is probably not. With only one station constructed at half build-out, the Happy Valley community has not demonstrated to a proportional commitment to meeting the NFPA standards, and as a result would not have a strong case to assert that others who build later need to contribute toward the construction of multiple (two) fire stations at a higher service rate by including the "missing" second station. The problem is in trying to identify a municipal revenue source imposed only on the existing development. Simply, there is none. Soon as a business pays its impact fees, constructs, that business becomes part of the existing community. The service provided by the single existing station is the community's de facto (or"in fact") standard service level. In short, it is difficult (but possible) to claim that a higher level of service is required of new development when the City is somehow getting by with a lower level of service. With one station, the contributed equity to build the single station would be half of the impact fee proposed in Table 1-1, or $300/residential unit and $0.15/square foot of business space respectively (See Table 1-6, following). Table 1-6 Development Impact Fee at Deficient Condition Huntington Beach 2011-12 Development Impact Fee Calculation Report 8 HB -337- Item 9. - 202 272 646 Chapter One Background and Introduction If Happy Valley has only built one station at half General Plan build-out, we would be forced to conclude that the City is currently deficient by one station (or 50% of the amount required). If the future residents were asked to pay at a rate that would build two stations (the $600/$0.30 rates) the City would have three stations at General Plan build-out, one financed and built by the first half of the community, and two financed and built by the second half of the community. Considering that the fire department will respond to all calls-for-service within the entire community from one of the three completed fire stations, the first half of the community would, in effect "inherit" one half of a station at no cost to themselves. In short, Happy Valley would fail the proportionality test. The inequity would then be exacerbated when the community decides to build the final "missing" last (fourth) station from a Citywide assessment or from annual General Fund receipts, paid for by the entire community, including those who just paid for the two new stations via the adopted fire impact fees. The only equitable option is for the City to adopt impact fees at the $300/residence and $0.15/square foot rates. Adoption of this fee would be referred to as the Current Community Financial Commitment or Investment -based Impact Fees. Admittedly, the City will go further into a deficit position in terms of the number of required stations, from being deficient by one station at half General Plan build-out to a deficiency of two stations at General Plan build-out, but the deficiency (or proportionality) would remain a constant 50% of the stations needed at either point in time. The community, if they are truly serious about meeting the NFPA recommended Level of Service (or standard), would then need to assess the entire community to raise the needed money in some fashion for financing the remaining two stations either in the form of an assessment or dedication of general receipts of the City. The Infrastructure has "Excess Capacity" - One final but important scenario remains and must be considered. In this scenario the existing residents of Happy Valley were the industrious sort and (at half General Plan build-out) had constructed three stations when they were at the point when they only needed two stations. Clearly there is excess capacity in each of the three existing stations. In this case, the Happy Valley's current de facto standard would be well above the de- jure or target standard. Statistically, each of the three stations would have 1/3 excess capacity (for providing services) and should be busy only about two-thirds of the time. Should the impact fee be limited only to the marginal $300 per residence and $0.15 per square foot for business space required to construct the one remaining required station or should the City be able to recover the costs for the existing capacity in the three stations through a recoupment impact fee? If so, the future residents receive a gift of the extra (third) station. If the excess capacity was recognized at the time the facilities were constructed and the excess capacity was identified for future use, there will be tough decisions ahead to be made by the Happy Valley City Council. Huntington Beach 2011-12 Development Impact Fee Calculation Report 9 Item 9. - 203 HB -338- 273 647 Chapter One Background and Introduction General Plan Build-out Needs-based Development Impact Fees or Recoupment Fee? The Happy Valley City Council should adopt, at a minimum, the $300/residence and $0.15/square foot business space rates to insure that the fourth station would be built. Again, referred to as the General Plan Build-out Needs -based impact fees. This would be a benevolent gesture, giving the new residents a free ride on the cost of the (already built and paid for) third station. Or in the alternative, the Council can recognize that the $3,000,000 used to build the third station was a loan from the existing community's General Fund receipts, and should be repaid by the future community receiving an instantaneous level of fire protection the day they receive their occupancy permit'', through the imposition and collection of impact fees.' In this case, the $600/residence and $0.30/square foot of business space impact fees should be adopted, imposed and collected. The impact fee would accumulate $6,000,000 through build-out, with $3,000,000 required to repay the General Fund in delayed revenue (for Station #3) and $3,000,000 necessary to construct the fourth station. This would be referred to as a Recoupment -based Fee at General Plan build-out. More important, long term equity at General Plan built-out would be achieved as each home and business would have contributed the same $600 per residence and $0.30 per square foot. This situation is usually fairly limited and should be supported by the appropriate element of General Plan. Exceptions to Proportionality Test. The previous discussion applies particularly well to above ground or capacity-based services such as community use centers, pools, police and fire stations, civic centers, maintenance yards or other fixed location and finite capacity facilities that serve the entire population. However, it does not necessarily work well on ground level or below system infrastructures such as streets, utilities, and storm drainage, where the continuation of a deficient system into the future is not at all possible and the lack of additions would ensure the complete inability to approve any further private construction without creating unsafe conditions to a specific area. As an example, if the agency's storm drainage system is currently deficient and creates some period flooding but not necessarily in dangerous amounts, the agency may not be able to approve and allow any more future development unless the storm drainage runoff created by the new development, is properly collected and released at a river or flood control channel. Additionally, a currently deficient water system, i.e., one with only the most minimal of distribution pipes, may not be able to serve any more future development without a substantial increase in the capacity of the water distribution system. However, a water utility with users rates can increase existing user fees to eliminate any existing deficiencies. Specific Plan or Benefit to a Specific Area. An additional exception occurs when the need or benefit from a specific facility is generated by a finite or easily defined area such as a specific plan or a new area of the agency that is significantly outside of the existing agency's urban in-fill service area or the specific plan is primarily the sole beneficiary of the infrastructure to be Huntington Beach 2011-12 Development Impact Fee Calculation Report 10 HB -339- Item 9. -204 274 648 Chapter One Background and Introduction constructed. An example may be a small area of the City, proposed for say 2,000 homes, but separate from the rest of the City in such a way that, to meet the General Plan's stated fire suppression standard level of service of a five minute response time, it requires a separate fire station but serving less than any of the other stations, which on average serve 5,000 homes. There is little argument as to why the remaining residents and businesses should not need to finance that higher cost per home served. This is common in an area geographically separated from the major, or urban part of the community. An example would be a small area separated by a river or up on a hillside or in a canyon. These areas may need facilities specific to that area that are of little or no benefit to the rest of the community, such a bridge across a river that only benefits those live or work across the river. Density may also be a factor. Fire infrastructure system improvements to date may be spread over a more compact density (say 4-5 homes per acre) than the remaining development in town (say 2-3 homes per acre). The fire system infrastructure costs per residential dwelling for a lower density area will likely be higher than a more compact area with a higher dwelling density. Public Utilities. The treatment for municipal utilities is particularly clear in that the utility's operating and capital funds do not receive any General Fund financial support and they do not typically charge stand-by fees to vacant property. This means that the entire utility system has been supported only by what are called utility user fees (payments by the utility's customers). Or stated in another way, it is user-financed. In many cases the utility may have significant extra capacity because most infrastructures cannot be expanded in small defined portions that exactly match the pace of new development. An example would water reservoirs which are generally expanded on LO million gallon portions, not 1,000 gallons at a time. To an individual user who has been contributing to the existing system over a period of time, it would appear quite fair for this excess capacity to be "purchased" for by new users that connect to the system who will benefit from the excess capacity has been constructed and identified. This holds particularly true for the purchase of water shares required for future water users. A water distribution system may also have significant distribution system capacity to reach homes and businesses in more outlying areas. RCS recently worked with a city where the existing water users, currently representing some 55% of the water use demand at General Plan build-out, had already constructed nearly 70% of the General Plan build-out water system. The 15% difference amounted to just more than $7.0 million. Should any excess capacity paid for by existing users be a gift to the future users? Government Code §66000 et. seq. appears to prevent the city from trying to recoup the costs of the excess capacity purchased by the current users that will be the direct benefit of future users. Some excess capacity can and should be identified wherever possible, and recovered, providing that was identified as necessary for future development at the time it is created.6 The excess capacity must be identified in terms of "existing project segment" and how it will benefit the future users must be identified. Huntington Beach 2011-12 Development Impact Fee Calculation Report 11 Item 9. - 205 HB -340- 275 649 Chapter One . Background and Introduction Such equity is the attempt of this Report. Excess capacity is often difficult to identify and even more difficult to convince others of. The City is probably much like Happy Valley, with excess or overcapacity in some areas of the infrastructure, and perhaps slightly deficient' in others, as you will see in the remainder of the Report. OTHER ISSUES Some members of the building industry have claimed that the addition of impact fees unfairly creates an inflated resale price for existing homes. The argument is that if the public agency adopts a development impact fee of $20,000 to $25,000 per detached dwelling home, then the price for an existing home is artificially increased by that same amount. We will use the example of detached dwelling at a construction cost of $200,000 to complete to a point that the occupancy permit is approved. Full Cost of a Residential Dwelling. The $200,000 represents only the above ground cost's construction. The true and actual cost of a new dwelling unit consists of the cost of acquiring the parcel, necessary government approvals and permits, construction supplies, labor, debt service on the above, on-site' public improvements, and The hidden cost of extending public services 9 to that home. The costs of extending public services includes (but is not limited to): • The addition of law enforcement personnel requiring the expansion of the police station and response vehicles • Additional fire stations and response vehicles. • Widening of arterial and collector roads. • Additional capacity in downstream storm drainage pipes. • Additions to water delivery capability, including source, treatment, storage and delivery. • Additions to the sewage capability, including collection, treatment and disposal. • Additions to the maintenance capabilities (i.e., municipal corporation yard and maintenance vehicles) necessary to maintain the above added infrastructure. • Additional parks, library, and public meeting space for recreational/social purposes. Thus while the cost of constructing the above ground portion of a detached dwelling may be $325,000, the "downstream" costs identified above may be in the area of $20,000 to $30,000 per detached dwelling or in the area of 6% to 9% % of the above ground cost. Huntington Beach 2011-12 Development Impact Fee Calculation Report 12 FIB -341- Item 9. -206 276 650 Chapter One Background and Introduction As an example, imagine a 2,800 square foot home, costing $325,000 to construct the above ground structure, located in the middle of an empty square mile, no roads, no utility service, no public safety response, no flood control and no recreational facilities. What is the market value of this home? Probably not even the $325,000 that it cost to construct the structure. The $25,000 development impact fee for all the infrastructures needed to support that one home, now seems like a relative bargain. Thus, the true and complete cost of a new detached dwelling is the cost of building the structure and the cost of extending the municipal services to the home regardless of who pays for the actual costs of extending those services. To some degree these service-related infrastructure costs have been recognized. The only question remaining is, who should for pay the required improvements, existing or new residents? Affect on Market Price. Again, let us assume that a cumulative $25,000 impact fee imposed upon new detached dwelling construction increases the market price of an existing detached dwelling. This additional amount is the recognition that the existing detached dwelling already has those physical links to the municipal services and thus has that value. A slightly different way of looking at this argument is that each existing detached dwelling has a "share" in a municipal corporation m and that share is valued at the cost of the connections to the various municipal utilities, circulation system, flood protection and public safety. CHAPTER ORGANIZATION Chapters three through six will have three fee cost/fee tables. These four chapters include: Identification of Projects and Cost Allocation - This schedule identifies the various projects that the infrastructure manager has identified as required prior to General Plan build-out. These projects may be necessary in part or fully to accommodate new development. This schedule will identify the cost of the project and the portion of the project identified as resulting from new development. General Plan Build-out Needs -based Development Impact Fee - This table will identify the set of impact fees that would need to be adopted to meet the basic, or marginal needs, capital needs identified in the Report. Adoption of this level of impact fees would allow City officials to claim that new development is being approved and constructed without any additional cost to the existing residents and businesses. You could not, however, claim that new development is paying its "fair share." Huntington Beach 2011-12 Development Impact Fee Calculation Report 13 Item 9. -207 HB -342- 277 651 Chapter One Background and Introduction Existing Financial Commitment or Equity-based Proportionality Test Fees - This table will identify the cost (in current nominal dollar value) of the existing infrastructure, including land, physical improvements and capital equipment. This is the average amount "invested" by the existing community of residents and businesses. This equity will be expressed in terms of the cost to construct or acquire the assets at current costs. If the average "equity" (for a detached dwelling for example) on this Table is greater then the average cost on the previous General Plan Build-out Needs -based impact fee Table, the infrastructure system is "front-ended" or has excess capacity. Stated slightly differently, the existing community has put more of the system into place than would be required of the remaining unbuilt portions of the community, (as they build). In effect, the existing community has advanced money to build capacity into the infrastructure system to meet the needs of residents and businesses not yet there! A good example of a front -ended system is the scenario where the City of Happy Valley had already built three fire stations while it only had the current actual demands for two stations. If the Existing Commitment -based impact fees are less than the General Plan Build-out Needs- based impact fee, we must conclude that existing community may not have contributed the amount of equity that they have needed to and that the construction of a needed infrastructure to support that municipal service has been lagging and is deficient. When this occurs, the Existing Community Financial Commitment or Investment -based development impact fees may• act as a ceiling or upper limit of the development impact fees. A good example of a deficient system is the scenario where the City of Happy Valley had only built one fire station while it had current actual demands for two stations. In short, if the existing community has not been inclined to construct an infrastructure system proportionally as the community developed, what basis does the community have to require those future residents to invest more, thus by eliminating to some degree, the deficiencies created by the existing community? The answer is, there can be no such rational argument. To adopt the General Plan Build -out Needs -based impact fees, under these circumstances, would be an unfair attempt to eliminate the existing deficiency on the back of new development. Adoption of the Existing Commitment -based impact fees, under these circumstances, would allow City officials to claim that new development is not being required to pay to eliminate existing deficiencies. [This space left vacant to place the following Chapter endnotes on a single page]. Huntington Beach 2011 -12 Development Impact Fee Calculation Report 14 HB -343- Item 9. -208 278 652 Chapter One Background and Introduction CHAPTER ENDNOTES 1. For greater detail of each project, refer to the City's Master Facilities Plan in Appendix C. 2. Examples using other infrastructure will be used from time to time in this report, even though the City may not provide that service. 3. "Happy Valley" has been used as an imaginary community for purposes of DIF example for about nine years. Clearly no insult is intended to any real or imagined community of Happy Valley. It is also a Happy Valley because there is no inflation and the value of a dollar remains nominal. 4. Actually, the permitted structure receives fire protection services as it is being constructed. 5. This example assumes that each of the existing three stations is debt-free and owned out-right. 6. This action would be more supportable with a recent appraisal of the existing utility assets. 7. Not necessarily in a manner that indicates a danger, just below the standard being asked of the future residents. 8. On-site improvements include local streets and medians, curbs and sidewalks, sewer lines, water lines, street lights, storm gutter or drainage pipes, electrical power lines and all of the other requirements of the Department's building requirements on the privately held property, hence the "on-site" reference. "Off-site" improvements are increased capacity need that occur "down-stream" from the private property. The on-site public improvements generally become a city asset upon acceptance of the on-site public improvements made by the developer while the property upon Athich the on-site improvements, is still privately owned. 9. This Report does not address all of these services. They are only highlighted to make a point about the types of public services typically required to support a residential dwelling. 10. Not unlike a share in a corporation such as I.B.M. or A.T. & T. Huntington Beach 2011-12 Development Impact Fee Calculation Report 15 Item 9. - 209 HB -344- 279 653 Chapter 2 Demographics and Findings This Chapter provides an inventory of developed and undeveloped (and under-developed) land within the City. The City, surprisingly, still possesses areas of vacant land zoned for residential and business uses. LAND USE ASSUMPTIONS This Report contains an inventory of developed land and land with remaining development opportunities within Huntington Beach boundaries. The undeveloped land inventory columns form the base for distribution of the estimated infrastructure costs required to extend the existing levels of service to the new development. The developed land inventory also forms the base for distributing the cost of the existing infrastructure for comparison and for the de-facto identification of the existing levels of service (LOS) provided by those existing infrastructures. Table 2-1 below, summarizes the inventory of all private land uses contained within the current City limits. They are based upon General Plan data, Orange County projections, City records and a staff analysis of only privately held parcels.' Some of the vacant parcels have vested rights and would have the existing impact fees imposed. The acreage and unit data are detailed in Appendix A. Table 2-1 Detailed Land Use Inventory City of Huntington Beach T.Otal .::LanatiSe::-Database. :::Acres otal of Units..Acres it of Units 4tPP.: 1:tit:Units Detached Dwelling Units (1) 6,436.0 38,616 295.00 1,749 6,731.00 40,365 Attached Dwelling Units 1,805.4 36,108 111.20 5,307 1,916.60 41,415 Mobile Home Dwelling Units (2) 204.6 2,865 1.00 9 205.60 2,874 Hotel/Motel Lodging Units 33.4 1,070 18.60 818 52.00 1,888 Resort Lodging Units 20.2 809 9.30 535 29.50 1,344 Commercial/Office Uses 841.9 12,836,000 39.80 2,417,000 881.70 15,253,000 Industrial/Manufacturing Uses 930.3 20,261,000 187.00 3,638,000 1,117.30 23,899,000 Total - City Limits 10,271.8 661.90 10,933.70 Private Residences 8,446.0 77,589 407.2 7,065 8,853.2 84,654 Commercial Lodging Rooms 53,6 1,879 27.9 1,353 81.5 3,232 Business Square Feet 1,772.2 33,097,000 226.8 6,055,000 1,999.0 39,152,000 Huntington Beach 2011-12 Development Impact Fee Calculation Report 16 Item 9. - 210 HB -345- 280 654 281 655 282 656 283 657 284 658 285 659 286 660 287 661 Chapter 2 Demographics and Findings Specific impact fee rates for each land use can be found at the end of each chapter relating to each infrastructure. Schedule 2.1 at the end of this Chapter also identifies the probable impact fee revenue, the capital cost total and the difference, by individual infrastructure type (e.g., fire). Given the magnitude of the City's project list, vis-a-vis the proposed list of projects, and the lack of previous findings regarding any excess capacity, there is no potential for recoupment of the costs of previous development-generated capital projects (excess capacity) as was described in Chapter One. Additionally, the detail of the existing value of the various systems, does not approach the level of accuracy required to adopt a recoupment style impact fee. The recommended Development Impact Fees are those indicated following in Schedule 2.1. STRUCTURE OF THIS REPORT The following chapters of this Report contain the detailed information relative to the calculation of DIFs recommended by RCS for the entire City. Appropriate textual explanations are contained in each chapter, with a chapter devoted to each of the nine sets of DLF cost schedules, listed below and three appendices. CHAPTER 3 - Law Enforcement Facilities, Vehicles, and Equipment CHAPTER 4 - Fire Suppression/Medic Facilities, Vehicles, and Equipment CHAPTER 5 - Circulation (Streets, Signals and Bridges) System CHAPTER 6 - Storm Drainage Collection System CHAPTER 7 - Public Library Facilities and Collection CHAPTER 8 - Park Land Acquisition and Park Facilities Development APPENDIX A - Expanded Land-use Database APPENDIX B - Summary of Recommendations APPENDIX C - Master Facilities Plan NOTE REGARDING TEXTUAL MATHEMATICS: It is important to note that the use of a computer provides for calculations to a large number of decimal points. Such data, when included in text and supporting textual tables, has been rounded to no more than two decimals for clarity and thus may be not replicated to the necessary degree of accuracy as the spreadsheet schedules at the end of each chapter. Should there be any difference between tables within a chapter and the schedules at the end of the same chapter, the schedules will prevail. Huntington Beach 2011-12 Development Impact Fee Calculation Report 24 HB -353- Item 9. -218 288 662 289 663 290664 291 665 292 666 38,616 Detached Dwelling Units 36,108 Attached Dwelling Units 2,865 Mobile Home Dwelling Units 420 1,070 Hotel/Motel Units 809 Resort Lodging Units 12,836,000 Commercial Uses (in KSF) 20,261,000 Industrial Uses (in KSF) Beach Area 0.341/Unit 0.702/Unit 0.318/Unit 0.393/Unit 0.459/Unit 0.897/KSF 0.381/KSF 371 11,514 7,729 1,806 13,185 25,350 910 Chapter 3 Law Enforcement Facilities, Vehicles and Equipment Table 3-1 Law Enforcement Calls-for-Service Generated by Land Use (2009) The table above representing the 59,479 annual police calls-for-service to privately-held developed parcels within the City's limits (for a recent twelve months reporting periods), identifies the differing demand caused by the differing land uses. As an example, there were approximately 13,185 calls-for-service requiring a response to one of the 38,616 existing detached dwellings in the City (during the twelve month sample). The result indicates that each residential detached dwelling unit will statistically generate just slightly more than one third of a call-for-service per year,2 on average. The same analysis was undertaken for the other seven land uses. Obviously there are calls to incidents on publicly owned roads and right-of-way, in parks and other publicly held parcels, these calls represent approximately 3% of the annual calls-for-service. Calls-for- service to resort lodging facilities, typically larger than hotel/motel facilities (defined as three stories or more) have been separated in order to generate a more relevant calls-for-service rate for each of the two differing types of temporary lodging. Resort facilities have been shown to generate more calls-for-service, most likely due to their convention and banquet facilities. However, any such resorts constructed in the future would also have such amenities. The annual calls-for-service was responded to by one of the City's existing 235 sworn officers establishing an average of about 260.79 calls-for-service per sworn officer annually.3 Huntington Beach 2011-12 Development Impact Fee Calculation Report 29 Item 9. - 223 HB -358- 293 667 294 668 Proportional Beach Increase 248.96 Calls Chapter 3 Law Enforcement Facilities, Vehicles and Equipment Table 3-2 Additional Law Enforcement Calls (rounded) Generated by New Development, by Land Use Detached Dwelling Units 1,749 0.341/Unit 597.18 Calls Attached Dwelling Units 5,307 0.702/Unit 3,725.83Calls Mobile Home Units (1) 0.318/Unit 2.86 Calls Hotel/Motel Units 818 0.393/Unit 321.08 Calls Resort Lodging Units 535 0.459/Unit 245.35 Calls Commercial Uses (net in KSF) 2,417,000 0.897/KSF 1,268.07 Calls Industrial Uses (KSF) 3,638,000 0.381/KSF 1,387.80 Calls NOTES: (1) Development of these types of units is not anticipated. One acre of units is included for calculation purposes.. Cumulatively, an additional (rounded) calls-for-service would be expected at General Plan build- out. It is important to note that the additional of the thirty-three officers (8,695 annual calls-for- service 260.79 calls/sworn officer) by General Plan build-out would merely maintain the existing levels of service, and would not increase the existing levels of service because of the additional 8,697 annual calls-for-service, or the 8,448 calls-for-service to the privately-held land- uses. No judgement is made, regarded or offered about the existing standards-of-service (LOS) or the current ratio of officers to calls-for-service, or that it is the City's desired level-of-service or that it is optimum, it merely is the existing, or defacto, level-of-service (LOS). The Purpose of the Fee. The purpose of the fee is to collect proportional contributions from new development to pay for additionally required law enforcement facilities, vehicles and equipment. Specifically, additional law enforcement calls-for-service can be expected, and the cost of adding sworn officers necessary to respond to these anticipated calls, and thus maintain the existing Huntington Beach 2011 -12 Development Impact Fee Calculation Report 31 Item 9. - 225 HB -360- 295 669 Chapter 3 Law Enforcement Facilities, Vehicles and Equipment levels-of-service afforded the existing residential and business community, can also be determined. The additional costs can be proportionally determined and translated to a fee, or an amount, necessary to offset the added costs of the required additional law enforcement staffing. Those impact costs include housing and equipping the additional required officers. Providing that the impact cost is adopted and imposed as a fee, new development will finance the capital costs of expansion of the City's Police Department. The annual operations cost of the annual salary and benefits for those additional officers, will need to come from the increases in the base amounts of property, sales and transient occupancy general tax increases generated by the new residences and businesses and their occupants. The Use of the Fee. The fees collected will be used to fund the law enforcement facilities and equipment (identified in the Master Facilities Plan) that are necessary to accommodate the anticipated (and planned for) development identified in Table 2-1. The revenues raised for a properly calculated and legally-supported Law Enforcement Development Impact Fee would be limited to capital(ized) costs related to that growth. The fees would be used to expand or increase capacity within the law enforcement facilities, increase the number of response and investigator's vehicles, and specialty equipment. Conversely, the General Plan Build-out Needs-based Law Enforcement Development Impact Fee receipts cannot be used repair the existing building, replace existing vehicles, or re-outfit a new officer (due to normal vacancies of the existing 235 officers). The Relationship Between the Use of the Fee and the Type of Development Paying the Fee. The fees collected from new development will be used to pay the proportional facility expansion costs generated by new development. As the development occurs, the impact (in the form of new or additional demands for service) is generated in differing amounts by differing land-uses and the development impact fees would be collected as the various types of development occurs (at a time in the development review and approval process determined by the City). The collected fee would be put to use to acquire law enforcement space, vehicles and equipment for the new (and additional) officers necessary to respond to those additional calls generated by that same new development, without reducing the capability of responding to calls for the existing community. The Relationship Between the Need for the Public Facility and the Type of Development Project. As noted in this report, residents and businesses will generate calls-for-service at different rates. Thus, there is a need to establish a specific schedule of development impact fees to fund the law enforcement facilities needed to support the development anticipated in Table 2-1. To meet that need, Police Department calls-for-service records were used to verify that differing land uses generate differing amounts of calls-for-service. Anecdotally we can all recognize that a retail store would be more likely to suffer shoplifting incidents, whereas a residence is more likely to experience a domestic disturbance or break-in and thus would have differing demands. The data in this Chapter demonstrates those expected differences using data specific to the City of Huntington Beach. The collected impact fees would be used to acquire additional building space, Huntington Beach 2011-12 Development Impact Fee Calculation Report 32 HB -361- Item 9. - 226 296 670 297 671 298 672 Detached Dwelling Units $15,793,603 $409/Unit Chapter 3 Law Enforcement Facilities, Vehicles and Equipment Table 3-4 Existing Financial Commitment or "Equity-based" Law Enforcement Impact Fees Attached Dwelling Units Mobile Home Units Hotel/Motel Units Resort Lodging Units Commercial/Office Uses Industrial Uses $30,365,403 $1,090,040 $503,096 $444,401 $13,792,002 $9,258,164 $841/Unit $380/Unit $470Unit $549/Unit $1.074/S.F. $0.4751S.F. RESULTING DEVELOPMENT IMPACT FEES The General Plan Build-out Needs-based impact fees, identified in Table 3-3, are slightly less than the Financial Commitment or Investment-based fees identified in Table 3-4 indicating that the existing commitment has kept relative pace with law enforcement asset expansion. In order to ensure that proportionality, and its underlying fairness, be maintained the development impact fee schedule identified in Table 3-3, (General Plan Build-out Need-based Development Impact Fees) are the most reasonable for both additional new development and the existing community. The adoption of Table 3-3, and detailed in Schedule 3.2 at the end of the Chapter, would also generate sufficient capital, about 97% of the full amount identified in the Master Facilities Plan, to construct most of the law enforcement facilities and capital equipment needed to absorb the new demands generated by the City's continued new development while maintaining proportionality with the commitment demonstrated by the existing community. The remaining 3% would need to come from other sources. Huntington Beach 2011 -12 Development Impact Fee Calculation Report 35 Item 9. -229 HB -364- 299 673 Chapter 3 Law Enforcement Facilities, Vehicles and Equipment RECAP OF RECOMMENDED LAW ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT DEVELOPMENT IMPACT FEES * Adopt Schedule 3.2, General Plan Build-out Needs-based development Impact Fees for the seven basic new land-uses. CHAPTER ENDNOTES 1. The twelve month period spanning 2009. 2. Stated slightly differently, we could expect that any randomly selected thirty homes would generate about ten calls in a given year. 3. Again, this is not intended to imply that each officers annul work effort is limited to only 260.79 calls-for- service. Patrol officers respond to a far greater number of calls-for-service. Investigators may spend an entire year on only a few cases, while officers involved in management of the Department do not necessarily respond to any. The 260.79 calls-for-service is only an average and represent the composite calls-for-service workload distributed between the entire 235 sworn officers. 4. This is almost the same as the average of 365.0 square foot per officer of six cities (with greater than 85 officers) where RCS has conducted similar analyses. Those six municipalities include Huntington Beach, Anaheim, Ontario, Riverside, Chino and Corona. The average for twenty cities (of all sizes) is 353.6 square feet per sworn officer. Huntington Beach 2011-12 Development Impact Fee Calculation Report 36 HB -365- Item 9. - 230 300 674 ifi0•00.1.41160tod.:- te:diie.i.1;00•0 • • - :NO•wpeilekiliiii6m::: • Amdant Alloca .16 Eliminate' 97.05% $7,373,049 97.05% $1,699,384 97.05% $318,023 97.05% $412,463 97.05% $9,802,919 0.00% $0 0.00% $0 97.05% $9,802,919 ...F0.14i.d:ta'Sqh.0.0.14'.. ..iVe d:• :!1050.1.1.ioned • 6.tiltatr. gas! , . : LE-001 Additional Law Enforcement Facility Space $7,597,165 LE-002 Acquire Additional Response Vehicles $1,751,040 LE-003 Acquire Additional Sworn Office issued Equipment $327,690 LE-004 Acquire Law Enforcement Specialty Equipment $425,000 SUB-TOTAL ESTIMATED NEW PROJECT COSTS I $10,100,895 2:..195% $224,116 $51,656 $9,667 $12,538 $297,976 LESS: Existing Law Enforcement Impact Fee Fund Balance $0 0.00WTr $0 SUB-TOTAL ADJUSTMENTS $0 -076i* $0 Total - Law Enforcement Capital Project Needs $10,100,895 :2A5% $297,976 Estimated Cos Percent Need AlopottiOne& E Schedule 3.1 City of Huntington Beach tn.) (..,) 2011-12 Development Impact Fee Calculation and Nexus Report Identification of Projects and Cost Allocation Law Enforcement Facilities, Vehicles and Equipment NOTES: 1. Costs distribution based upon a 10% sampling of Police Department "Calls-for-Service" statistics. Revenu )st Specialists, L.L.C. Full( CA 92831 301675 Attached Dwelling Units Mobile Home Dwelling Units Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses 111.2 5,307 1.0 9 18.6 818 9.3 535 39.8 2,417,000 Net Increased Units Detached Dwelling Units (1) 295.0 1,749 Acres Llnits Generation RatP. P6it.04000.0 of Additional • . .:.. • • • •••• e.ri&O'grokl: . . . ::-AffePetien6 Expons.19a . 000000.: Pr Acre tr000ff0000io.iitz:: Schedule 3.2 City of Huntington Beach 2010-11 Development Impact Fee Calculation and Nexus Report General Plan Build-out Needs-based Development Impact Costs (Fees) Law Enforcement Facilities, Vehicles and Equipment Industrial/Manufacturing Use 187.0 3,638,000 0.341 597.18 7.07% $692,944 $2,349 5.93 $396 per Unit 0.702 3,725.83 44.10% $4,323,304 $38,879 47.72 $815 per Unit 0.318 2.86 0.03% $3,319 $3,319 9.00 $369 per Unit 0.393 321.08 3.80% $372,568 $20,031 43.98 $455 per Unit 0.459 245.35 2.90% $284,694 $30,612 57.53 $532 per Unit 0.897 2,168.07 25.66% $2,515,742 $63,210 60,729 $1.041 per S.F. 0.381 1,387.80 16,43%1 $1,610,348 $8,611 19,455 $0.443 per S.F. 10-0,004 $9.802:919 in Total Law Enforcement Capital Needs to C omplete**(0] ZEZ - .6 mon 00 Revenue & Cost Specialists, L.L.C. Fullerton, CA 92831 302676 303677 Chapter Fire Suppression/Medic Facilities, Vehicles, and Equipment The Existing Fire Suppression/Medic Infrastructure. The Fire Department responds to calls for service from eight existing stations and trains at a facility consisting of a training (and drying) tower, classrooms, offices and support areas with specialty situation training mock-up implements. There is also a storage facility for reserve vehicles. The fire facilities are detailed as follows: Fire Station #1 (Gothard) is a 10,200 square foot facility on parcel that is just under an acre (42,166 square feet) and is located at 18311 Gothard Street. Fire Station #2 (Murdy) is a 11,500 square foot three-bays wide by two-vehicles deep facility also on a 42,166 square foot parcel at 16221 Gothard Street. Fire Station #3 (Bushard) is a one-bay wide by one-vehicle deep, 5,700 square foot facility located on a 12,980 square foot parcel located at 19711 Bushard Street. Fire Station #4 (Magnolia) is a 5,702 square foot, one-bay wide by one-vehicle deep facility located on a 21,780 square foot parcel located at 21441 Magnolia Street. Fire Station #5 (Lake) is a 11,508 square foot, three-bays wide by two-vehicles deep facility on a 14,200 square foot parcel located at 530 Lake Street. Fire Station #6 (Edwards) is a 13,000 square foot, three-bays wide by two-vehicles deep facility located on a 208,478 square foot parcel located at 18591 Edwards Street. Fire Station #7 (Warner) is an 8,750 square foot, two-bays wide by one-vehicle deep facility located on a 53,273 square foot parcel at 3831 Warner Avenue. Fire Station #8 (Heil) is a 5,712 square foot, two-bays wide by one-vehicle deep station on a 10,280 square foot parcel located at 5891 Heil Avenue. The Training Facility is also located at 18301 Gothard next to Station #1 on a 77,580 square foot portion of a City parcel and consists of 7,081 square feet of classrooms and offices. The site also has numerous training exercise implements and a drafting pool. Huntington Beach 2011 -12 Development Impact Fee Calculation Report 40 HB -369- Item 9. - 234 304 678 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment Reserve Vehicle Storage Building - The facility is 2,525 square foot storage building and is located behind Fire Station #1 (Gothard). The land and replacement construction cost of the existing stations and training facilities is approximately $52,999,718. Not surprisingly, the City also has a sizable fleet of City-owned response and prevention units (and equipment) consisting of: • Four front line and three reserve ambulances; • Two front line ladder trucks, one aerial platform and a large tiller ladder truck and one reserve tiller ladder truck; • Eight front-line and four reserve engines; • Two Battalion Chief incident command vehicles; • Seven utility pick-up trucks of varying sizes (utility and specialty support); • Three specialty vehicles, a decontamination vehicle, a HazMat vehicle and Light/Air support vehicle; and, • Twenty-two administrative, inspection and investigation sedans. The total investment in the Department's vehicle compliment is about $9,237,000. The City's investment in assigned fire fighter equipment is approximately $1,010,202 at $7,595.50 for each of the 133 sworn fire fighters. The City has also acquired approximately $537,780 in computers/Electronic equipment. There is no existing Fire Suppression/Medic Facilities, Vehicle and Equipment Impact Fee Fund thus no current year-end fund balance. The current equity of the stations, parcels, specialty equipment and the response fleet is estimated to be $63,784,700. The sale of Station #8 (Heil), to allow it to be relocated, decreases this figure by a net $2,550,473 to $61,234,227. This figure represents what it would cost to establish the existing eight station (along with the reserve vehicle and training facilities) response capability at current vehicle, equipment, land acquisition and facility construction costs. The relevance of this figure will be established later in this Chapter. Demand U a on Infrastructure Created b the Develo a ment of Under or Undevelo • ed Parcels. While it can be said that numerous factors are considered when determining the number of and location of fire stations in any city, it can be stated without any logical argument that all new (net) private development in the City will have an effect on the City's current ability to respond to fire, medic, and emergency calls-for-service. The effect, simplified but not trivialized, is twofold. Initially, each new residential and business development will create, on average, more calls-for- service increasing the likelihood of simultaneous (and thus competing) calls-for-service. Additionally, as development spreads further from any existing station or stations, as large-scale development is often likely to do, the distances (and thus response times) will increase, taking the existing engine companies out-of-service for greater lengths of time. Huntington Beach 2011-12 Development Impact Fee Calculation Report 41 Item 9. - 235 HB -370- 305 679 The capacity of any fire station to respond to calls-for-service is finite and will ultimately reach practical limits (through a combination of call-frequency and total time on that call). When that station's capacity is exceeded, the level-of-service afforded to existing development will be greatly diminished. Or stated in another way, if development continues without the addition of fire stations (additional capacity), the existing station will be overwhelmed (new demand), making a timely response for emergency service less likely. That is to say, the existing engine companies may not be available to respond to your needs as they may be out-of-service on a call in a different part of the community. The Purpose of the Fee. The purpose of the fee is to collect proportional financial contributions from new development to pay for additional fire suppression/medic facilities, vehicles and specialty equipment. In order to be able to continue to be able to respond to an ever-increasing number of expected calls, the Fire Department staff has determined the need for the relocation of one new station (as opposed to adding a ninth) and an expansion of one existing station. Having the right type and inventory of fire stations in the right locations enables the City's policy makers to house fire fighters, apparatus, and equipment in a rational way for maximum use of resources. Conversely, the penalties are high and extremely visible, for inadequate fire response capacity. Adverse effects are felt by the City's fire staff, the council, and indeed by the existing taxpayers. With poor response capacity response times, (via distance or out-of-service due to a previous call), can become excessive and if a tragedy occurs, the incident will be well publicized. Often, response time is mistakenly referred to for only the first-in unit. This can be a grave error. More correctly, response time must consider the time necessary to assemble all of the fire resources necessary to place the incident under control. If the first unit arrives within five minutes but cannot provide the necessary water flow, undertake entry, or perform the needed functions due to a lack of staffing, the five minute response becomes insignificant and irrelevant. Thus an increase in the number and type of response vehicles is also necessary to match and equip the needed additional staff. The following sections identify the manner in which the City plans to meet the demands of additional calls-for-service and can thus accommodate new development. The Use of the Fee. The development impact fee would be collected as the development occurs at some point of the development review process determined by the City. As the development occurs, the impact is generated. The collected fees would be put to use to acquire the additional fire-fighters' facilities necessary to respond to additional calls-for-service, necessary to avoid reducing the capability of responding to calls from the existing community. These fees will be used to finance the construction or acquisition of fire suppression/medic facilities, vehicles and specialty equipment (identified in the companion Master Facilities Plan) that have been identified as necessary to accommodate the anticipated (and planned for) development identified in Table 2-1. Huntington Beach 2011-12 Development Impact Fee Calculation Report 42 HB -37 1- Item 9. - 236 306 680 Fire Suppression/Medic Facilities, Vehicles, and Equipment Chapter 4 The proposed fire suppression/medic facilities and equipment that are necessary to accommodate the anticipated (and planned for) in Table 2-1 are identified in the companion document the Master Facilities Plan. It is important to note that the fees would be used to acquire additional stations or expand existing stations (to increase the response capacity of that station) and increase the number of emergency response vehicles. Conversely, the Fire Suppression/Medic Facilities, Vehicles, and Equipment Impact Fee receipts could not be used to simply repair any existing fire station or replace any existing emergency response vehicles. Additional facility capacity is planned to come on-line, as needed, as development creates additional demands beyond the existing capability (frequency and distance) of the existing stations. The six capital projects expansions proposed by the City's fire staff will cost a net $11,241,972. They are described briefly: FS-001 - Relocate Station #8 (Heil) - The proposed project involves the relocation of the existing station from it's current location on Heil Street just west of Springdale to a more northerly area near Graham Street, north of Edinger Street. The relocation is largely needed to meet the shifting and increasing demands resulting from the redevelopment/up-sizing of both the Downtown Specific Plan and the Beach/Edinger Specific Plan corridor. The proposed building would be a three-bay wide by two-vehicle deep facility. The project would need approximately an acre and a quarter. FS-002 - Construct Station #8 (Heil) Apparatus Storage Facility - The reserve vehicle storage facility behind the existing Station #1 would need to be supplemented with a storage facility behind Station #8 as part of the above project but is not fully needed as result of the redevelopment of the two large specific plans. It is partly needed to accommodate existing reserve vehicles. FS-003 - Construct a Single Bay/Quarters At Station #4 (Magnolia) - The project will add 2,400 square feet to the station. The additional space would consist of an additional 1,600 two vehicle deep bay to house and additional engine company and an ambulance. FS-004 - Acquire an Additional Engine and Ambulance for Station #4 (Magnolia) - This project consists of the response vehicles in support of the Station #4 expansion. FS-005 - Acquire an Additional Engine for Station #1 - This additional engine would be needed to assist in handling the additional call volume resulting from the development in both the Downtown Specific Plan and the southerly portion of the Beach/Edinger Specific Plan corridor. FS-006 - Acquire an Additional Engine for Station #2- This additional engine would be needed to assist in accommodating additional call-for-service volume resulting from the development in the Beach/Edinger Specific Plan corridor. Huntington Beach 2011-12 Development Impact Fee Calculation Report 43 Item 9. - 237 HB -372- 307 681 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment The proposed projects and costs are identified on Schedule 4.1 and are detailed in the Master Facilities Plan. The total cost of completing the fire infrastructure system is $11,941,972, which is mitigated by the $700,000 offset anticipated by the sale of the Station #8, Heil for a net total of $11,241,972. There is no existing Fire Suppression/Medic Development Impact Fee fund thus no fund balance. The Relationship Between the Need for the Public Facility and the Type of Development Project. As noted in this report, residents and businesses will generate calls-for-service at different rates. Thus, there is a need to establish a specific schedule of development impact fees to finance the required expansion to the fire suppression/paramedic facilities et. al. needed to support the development anticipated and identified in Table 2-1. Fire suppression/medic response standards extended to new development should be consistent with the fire response currently enjoyed by the City's existing citizens and business community by constructing new facilities, or the result will be a deterioration in the level-of-service provided both to the existing residents and future citizens and businesses within the City. It follows that it is appropriate to assess future development to contribute additional fire suppression/medic facilities, vehicles and equipment. To project the impact of future development on fire services, it was first necessary to quantify the current impact on services from each of the City's land uses. Then, a determination of the costs of future capital facilities necessary to meet this increased demand was made. The following section illustrates the relative impact from each land use on fire services and facilities. The Relationship Between the Need for the Public Facility and the Type of Development Project. As noted in this report, residents and businesses will generate calls-for-service at different rates. Thus, there is a need to establish a specific schedule of development impact fees to fund the fire suppression/paramedic facilities needed to support the development anticipated in Table 2-1. To meet that need, actual Fire Department calls-for-service records' were used to verify that differing land uses generate differing numbers of calls. The data in this Chapter demonstrates those expected differences using data specific to City of Huntington Beach. The collected impact fees would be used to acquire equipment for additional fire fighters, vehicles and additional building space necessary to respond to the calls-for-service generated by private residential dwelling and business space. The Relationship Between the Amount of the Fee and the Cost of the Portion of the Facility Attributed to the Development Project. Each new development would finance a proportional amount of the expansion of the fire station/company response capacity, vehicle response fleet and specialty response/paramedic equipment and thus a proportional share of the costs. It is unlikely that any specific development will generate the need to construct the additional fire station, but each one will pay for their proportional demands on that expansion. Huntington Beach 2011-12 Development Impact Fee Calculation Report 44 HB -373- Item 9. - 238 308 682 38,616 4,762 0.123/Unit Detached Dwelling Units Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment While the majority of these requests for service were made by residents of Huntington Beach from their homes, a large percentage of requests were generated from existing commercial/office and industrial uses within the City. A survey of each land use and its existing effect on requests for calls-for-service was conducted to determine existing service ratios and thus be able to project the impact of future development on fire services. This survey was undertaken similarly to the process used to determine law enforcement demand as described in Chapter 3, Law Enforcement. Only requests for fire and medic services to privately held property were counted. Calls-for- service to public property such as City parks and public right-of-way or intersections were not included which, in effect, distributes these calls pro-rata through the calls-for-service from privately held property. This is based upon the argument that all public land serves privately held land in some manner. Table 4-1, following, identifies the number of requests for service received by the Fire Department during the period of July 1, 2008 and June 30, 2009, by land use (detached dwelling, attached dwelling, mobile home, resort hotel/motel, commercial/office, and industrial). The number of calls-for-service received by the Fire Department for each of the major land-uses during the year was then divided by either the existing number of dwelling units (for residential uses) or the developed acres (for commercial, office and industrial uses) to determine the number of requests generated per dwelling unit or commercial or an industrial acre. Table 4-1 Average Annual Existing Responses Per Unit Or Acre Attached Dwelling Units 36,108 1,846 0.051/Unit Mobile Home Units 2,865 607 0.212/Unit Hotel/Motel Units 1,070 51 0.048/Unit Resort Lodging Units 809 86 0.106/Unit Commercial & Office KSF 12,836,000 565 0.044/KSF Industrial KSF 20,261,000 82 0.004/KSF Huntington Beach 2011-12 Development Impact Fee Calculation Report 45 Item 9. -239 HB -374- 309 683 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment The beach/City right-of-way areas generated 195 calls for service. Of residential land uses, the occupants of an attached dwelling unit are less likely, by less than half as much, to require an emergency fire service response at 0.051 annual responses per unit, than the occupants of a detached dwelling unit at 0.123 annual responses per unit. Commercial/Office development is shown to generate 0.044 responses per 1,000 square feet of building pad, while industrial development generates a minimal response demand of 0.004 calls per 1,000 square feet of building pad. The lower demand by industrial uses over commercial/office uses should be expected given the greater density of employees and patrons in a commercial or office establishment when compared to an industrial business of similar building size. However, it should be noted that while there are fewer calls for industrial properties, significant specialty training is required to be prepared for industrial responses, (i.e., confined space and hazardous materials training). Table 4-2 indicates that, given the high density of rooms and accompanying facilities, an acre of resort development, creates the highest demand for fire services, thus the development impact fee for that land use is the highest, on an average acreage basis. Table 4-2 Calls-for-service by Land-use an Acre Basis Detached Dwelling Units Attached Dwelling Units Mobile Home Dwelling Units Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses (per KSF) 0.123 6 0.74 0.051 20 1.02 0.212 14 2.97 0.048 32 1.53 0.106 40 4.25 0.044 15,246 0.67 Industrial/Manufacturing Uses (KSF) 0.004 21,779 0.09 Based on the existing rate of responses by land use, the increased number of fire suppression/medic service responses generated by future residential, commercial/office and office Huntington Beach 2011-12 Development Impact Fee Calculation Report 46 Item 9. - 240 HB -375- 310 684 Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment development was extrapolated. This was accomplished by multiplying the average responses per unit or 1,000 square feet (KSF), established in Table 4-1, by the number of anticipated dwelling units, commercial rooms or business KSF. Table 4-3, following, indicates the number of additional calls-for-service that could be anticipated from the development of currently vacant land within the City's planning area. Table 4-3 Additional Annual Fire Suppression/Medic Responses Generated by Future Anticipated Development Detached Dwelling Units 0.123/unit 1,749 units 215.68 calls Attached Dwelling Units 0.051/unit 5,307 units 271.32 calls Mobile Home (in parks) Hotel/Motel Units Resort Lodging Units Commercial/Office Uses Industrial Uses Total 0.212/unit 9 units 1.91 calls 0.048/unit 818 units 38.99 calls 0.106/unit 535 units 56.87 calls 0.044/KSF 2,417 KSF 106.39 calls 0.040/KSF 3,638 KSF 14.72 calls 705.88 calls Proposed Capital Expenses. The total cost of the required improvements to the City's investment of fire suppression/medic facilities, vehicles and specialty equipment was previously estimated to be $11,941,972 with an offset of $700,000 from the proceeds of sale of the to-be vacated Heil Station #8. Roughly 46.4% has been identified as required to serve the net new calls-for-service resulting from development or up-sizing due to redevelopment. Projects FS-001 through FS-006 are capacity-increasing and have been determined by City staff to be necessary to accommodate the anticipated additional calls-for-service from new development or for a more appropriate aerial unit. When this cost is distributed the various land-uses and the demands created by each, a proportional cost is determined, by development unit. Table 4-4, summarized from Schedule 4.2, indicates the proportional cost by land-use unit. Huntington Beach 2011-12 Development Impact Fee Calculation Report 47 Item 9. -241 HB -376- 311 685 Detached Dwelling Units $968/Unit Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment Table 4-4 General Plan Build-out Needs Fire Facilities, Vehicles and Equipment Development Impact Fees $1,693,338 Attached Dwelling Units Mobile Home Units (in parks) $2,130,176 $14,996 $401/Unit $1,666/Unit Hotel/Motel Units $306,117 $374/Unit Resort Lodging Units $446,495 $835/Unit Commercial/Office Uses $835,285 $0346/S.F. Industrial Uses $115,569 $0.032/S.F. Existing City Financial Commitment. The replacement value of the existing fire infrastructure (parcel and station, response fleet and related safety/specialty equipment) at a net $61,234,227 (includes the potential sale of the Heil Station) was referenced earlier in this Chapter. This represents the current investment or financial commitment by the existing community toward fire suppression/medic capability/capacity. When this figure is distributed over the existing development in the same manner as were the future costs, by the land use demands, an average investment, or financial commitment (or equity for that matter) per unit is determined, The results are summarized in Table 4-5 (from Schedule 4.3). As an example, each detached dwelling unit has "invested" over the lifetime of the City, about $922 (as identified in Table 4-5 following) into fire suppression/medic capital, an amount that is about 95 % of the General Plan Build-out Needs- based Development Impact Fee schedule identified in the previous Table 4-4 and detailed in Schedule 4.3. The current community's commitment has established the eight response station capacities and was paid for through years of General Fund receipts. To allow future residents to benefit by use of all of the capital needs without contributing additional assets, could endanger the existing residents and businesses. Table 4-5, following, summarizes the distribution of the $ in replacement costs to the existing community, (Schedule 4.3 indicates this in greater detail). Huntington Beach 2011-12 Development Impact Fee Calculation Report 48 HB -377- Item 9. - 242 312 686 Detached Dwelling Units $922/Unit Chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment Table 4-5 Existing Fire Suppression/Medic Existing Community Financial Commitment $35,586,696 Attached Dwelling Units Mobile Home Units (in parks) Hotel/Motel Units Resort Lodging Units Commercial/Office Uses Industrial Uses $13,795,263 $4,536,145 $381,126 $642,683 $4,222,277 $612,791 $382/Unit $1,583/Unit $356/Unit $792/Unit $0.3291S.F. $0.030/S.F. Other (beach area) $1,457,246 NA Of importance is the fact that the Community Financial Commitment or Equity-based costs on Table 4-5 are just slightly higher, at roughly 105%, than the proposed General Plan Build-out- based impact fees as demonstrated in Table 4-4. This indicates that the City is just slightly behind in its cumulative and proportional investment in needed fire suppression/medic facilities, vehicles and equipment. RESULTING DEVELOPMENT IMPACT FEES Since the equity position of the existing community is slightly less than the General Plan Build-out Needs-based development impact fees necessary for expansion, the current Community Financial Commitment or Equity-based Proportionality Test-based Development Impact Fees, as identified in Table 4-5 and Schedule 4.3, would be the most equitable fee schedule to adopt. Resulting Development Impact Cost Distribution. The collection of the proposed development impact fee, through build-out would allow the City to provide a great deal (44.7%) of the proposed expansions and most of the equipment, but not all of it. It would fall about $6.0 million short of financing all of the required improvements attributed to new development. Huntington Beach 2011-12 Development Impact Fee Calculation Report 49 Item 9. -243 HB -378- 313 687 chapter 4 Fire Suppression/Medic Facilities, Vehicles, and Equipment OTHER NOTES AND ISSUES 1. The City will need to monitor the approval of conditional uses within industrial zoned development where newly constructed industrial developments. These land uses are initially have the lower industrial use development impact fees imposed when constructed as "spec" buildings but end up being used, with a CUP, for commercial/office uses. These commercial/office uses generate far greater demand than the industrial uses. If left unchecked, the Fire Department, as well as other City services, will be faced with the greater demand from the actual commercial/office uses but will be left only with the collection of the far lower industrial use development impact fee rates. To avoid this under collection, the City should impose an impact fee representing the difference between the commercial/office development impact fee and the previously paid industrial land-use impact fee when a CUP is approved and tenant improvement plans are submitted indicating a commercial or office use. RECAP OF RECOMMENDED FIRE SUPPRESSION/MEDIC FACILITIES, VEHICLES AND EQUIPMENT DEVELOPMENT IMPACT t'EES. • Adopt Schedule 4.3 General Plan Build-out Needs-based for the seven basic land-uses. CHAPTER ENDNOTES 1. The response data is generated from Department response incident data used to complete the annual National Fire Incident Report (NFIR's). Huntington Beach 2011-12 Development Impact Fee Calculation Report 50 HB -379- Item 9. - 244 314 688 COnstruction Needs Sopportecl by •Ottiet Resoutaas... Opi.:10rot.oci.Ok Ne .W. . . Development cp Schedule 4.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Identification of Projects and Cost Allocation Fire Suppression/Medic Facilities and Vehicles 0it :: l'OpottlOr? pct.. ferOen APpOttiO00:: .iv.0.4.1 .•:iii:-.Obiiat .,:i.o..ei:iii:, :i0oiiaidia..t: FS-001 Relocate Station #8 (Heil) FS-002 Construct Station #8 (Heil) Apparatus Storage Facility FS-003 Construct a Single Bay/Quarters at Station #4 (Magnolia) FS-004 Acquire an Engine Company and Ambulance for Station #4 (Magnolia) FS-005 Acquire an Engine Company for Station #1 (Gothard) FS-006 Acquire an Engine Company for Station #2 (Murdy) $1,716,044 75.00% $1,287,033 25.00 0/01 $429,011 $1,266,458 50,00% $633,229 50.00°M $633,229 $740,000 50.00% $370,000 50.00% $370,000 $525,000 50:00% $262,500 50.00%1 $262,500 $525,000 50:00 6/c $262,500 50.00% $262,500 $3,584,735 50.00% $3,584,735 $7,169,470 5O00% SUB-TOTAL ESTIMATED NEW PROJECT COSTS J $11,941,972 53.5.9%, $6,399,997 46.41%1 $5,541,975 LESS: Existing Fire Suppression Impact Fee Fund Balance 1 $0 . 100..009 $0 Sale of Property (Heil Station) ($700,000) 100.:0 -0.0 0:00% ($700,000) ($700,000) SUB-TOTAL ADJUSTMENTS I ($700,000) 0.00% $0 0.00% $0 0.00% $0 Total Fire Suppression/Medic Capital Project Needsj $11,241,972 .50:70% $5,699,997 49.3004 $5,541,975 orward to Schedule •?_ NOTES: 1. The cost distribution is based upon annual Fire Department "Calls-for-Services statistics (NFIRs). Revenu n .)st Specialists, L.L.C. Fulle A 92831 315689 Detached Dwelling Units (1) 295.00 1,749 0.123 Attached Dwelling Units 11t20 5,307 0.051 Mobile Home Dwelling Units 1.00 9 0.212 Hotel/Motel Lodging Units 18.60 818 0.048 Resort Lodging Units 9.30 535 0.106 Commercial/Office Uses 39.80 2,417,000 0.044 Industrial/Manufacturing U$el 187.00 3,638,000 0.004 TOTAL '1 .90 00 ej..-00.$00 Land Us e . ected New Calls oi- Service 215.68 271.32 1.91 38.99 56.87 106.39 14.72 Percentage of Additioflal Service Calls 411.00000 Of Expansion Costs P-0100000 iolao Ave or 30.55% $1,693,338 $5,740 38.44% $2,130,176 $19,156 0.27% $14,996 $14,996 5.52% $306,117 $16,458 8.06% $446,495 $48,010 15.07% $835,285 $20,987 2.09% $115,569 $618 41001.00#10it Impact Fee per Uni .............. oar& ,00 $968 per Unit $401 per Unit 5.93 47.72 9.00 $1,666 per Unit 43.98 $374 per Unit 57.53 $835 per Unit Schedule 4.2 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report General Plan Build-out Needs-based Development Impact Costs (Fees) Fire Suppression/Medic Facilities and Vehicles 60,729 $0.346 per S.F. 19,455 $0.032 per S.F. .705.88 00:0()% 505414175 in Total Fire Suppression capital NeedSto.Finfsh .SYSterri • age CD -P. Revenue & Cost Specialists, L.L.C. Fullerton, CA 92831 316690 Allocation of fnfrastruOtute flEquity" Oianit•OtiOn Of TOogy ::: PO: e Acre Average Units or square Feet/Acre Current Final-rola! .Commitment per Unit or Square rogt.. of Existing 4,762.0 1,846.0 607.0 51.0 86.0 565.0 82.0 195.0 58.12% $35,586,696 22.53%1 $13,795,263 7.41 0/61 $4,536,145 0.62% $381,126 $642,683 $4,222,277 $612,791 $1,457,246 6.00 $922 per Unit 20.00 $382 per Unit 14.00 $1,583 per Unit 32.04 $356 per Unit $794 per Unit $0.329 per S.F. 21,779 $0.030 per S.F. 1.05 0/ 6.90 0/ 1.00% 2.38% 40.05 15,246 $61,234, • • •• • •• • .•••• • ••• • •••:. •• • • • • • •• ..,•:•••••••••••••• • • •••• —•••• •: ........ ... .$52,999,718 in .. . .. . . .Suppression .... .. . . • , . . , •• • . . . . . . . ... ($3,250,473) Less Hell Station #8 (to .t*f.§0000.4 $700,000 Proceeds of Sale of Fleil Station #8 , . . . . 03;*37;0.00. .,A14:00.** Fire Suppression Vnhcles. $1,010,202 in Existing Fire-fighter Assigned Equipment. . . . . ... ........... -:•:•:. ..... . •:•::•:•:• 04$0.66•00$0.0010.010000tr.04 .:0.i.40.0.4,00 0 1 00.00% $5,529 $7,641 $22,171 $11,411 $31,816 CD Schedule 4.3 t,..) City of Huntington Beach 4. 2011-12 Development Impact Fee Calculation and Nexus Report Community Financial Commitment or Equity-based Proportionality Test Fees Fire Suppression/Medic Facilities and Vehicles :Developed .AC(4S I• Units . • Cali Gnrziot Detached Dwelling Units (1) 6,436.00 38,616 Attached Dwelling Units 1,805.40 36,108 I Mobile Home Dwelling Units 204.60 2,865 I Hotel/Motel Lodging Units 33.40 1,070 Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Use 930.30 120,261,000 Beach Area yoticV ............. Revenu .)st Specialists, L.L.C. Full( CA 92831 CZ oc 1n") 20.20 I 809 I 841.90 112,836,000 1 I 0.123 0.051 0.212 0.048 0.106 0.044 0.004 317691 Chapter 5 Circulation (Streets, Signals and Bridges) System The following Chapter will identify the street, traffic signal and bridge improvements (henceforth referred to as the Circulation System) planned for the City through General Plan Build-out of the existing City limits as identified in the Land-use Database Table in Chapter 2. RCS recommends the continuation of the City's comprehensive Circulation System Development Impact Fee, i.e., a fee that combines the required street, signal and bridge expansions, all of which are related to the movement of primarily vehicles. The reasons are practical in that combining these three components will provide greater flexibility in establishing priorities in what is essentially a singular circulation issue with a common nexus, traffic or as stated in trip-mile generation. It is fairly common that a single circulation system capital improvement project will involve both a street improvement (or intersection) and signal improvement. The Existing Circulation System. The City currently has and maintains an extensive system of roadways available for transportation of goods and services, as well as for educational, recreational, and social purposes. Streets that fall under the jurisdiction of City of Huntington Beach are classified as one of four types of roadways for the purposes of this Report. Roadways are defined in part (in the City's General Plan Circulation Element)2 as: •Freeway - Very high mobility with limited access to arterial streets and no access to adjacent land use. [The City is not responsible for the construction of freeways but will likely have to financially assist CALT.RANS with any alteration to an existing access/egress ramps]. •Arterial - High mobility with access to collectors, some access to local streets and major traffic generators. •Collector - Limited mobility connecting local streets with arterials; also provides good access to adjacent land uses. •Local -Limited mobility but provides very good access to adjacent land uses and collector streets. Typically, locals would be constructed upon the developer's private property and generally only benefits those new residential or business buildings. Assuming that the design criterion has been met and that the right-of-way improvements meet inspection requirements, the City then accepts Huntington Beach 2011-12 Development Impact Fee Calculation Report 54 HB -383- Item 9. -248 318 692 Chapter 5 Circulation (Streets, SingrLls, and Bridges) System the local street improvements along with the responsibility to maintain the improvement in perpetuity. In short, local streets are of little benefit to the City-wide circulation system, and these costs are not shared by other developers, as the collector and arterial system improvements are. For these reasons, the cost of all local streets is excluded from the Circulation System Development Impact Fee calculation. Demand Upon Infrastructure Created by the Development of Undeveloped Parcels. Undeveloped parcels create few trip-ends beyond an occasional visit to the site for weed abatement purposes or to consider a sale or development of the vacant parcel. None of these trip-ends are on a routine basis. However, a developed parcel will generate a statistically predictable number of trip-ends, depending upon the specific land use of the development. Thus it can be stated that a vacant parcel, when developed into a specific use, i.e. , residential or business, will generate more traffic than it did when it was vacant. Similarly, a change in the use of the parcel may also increase the number of daily trip-ends. A good example would be the demolition of a low trip-generating insurance office which is reconstructed as a new high trip-generating fast-food restaurant. All new development contributes to cumulative traffic impacts, which are difficult to measure and mitigate on a project-by-project, basis but which have significant and widespread cumulative impacts on the City's existing road system. Factors that will increase the competition for existing lane miles (and freeway crossings) include, (as measured by trip-miles defined later in Chapter text) the following: • An increase in the City's full-time population through the construction of about 7,065 additional dwelling units contributing approximately 183,270 new trip-miles daily or just more than 49.4% of the newly expected daily trip-miles. • The construction of 1,353 commercial lodging units (resort and hotel/motel) will generate 26,882 daily trip-miles, not quite 7.3% of the total new trip-miles annually. • The construction of private commercial and office uses on the (net) 40 acres currently identified as undeveloped commercial or office uses will generate 78,553 new daily trip- miles, or about 21.2% of the total new trip-miles expected at General Plan build-out. This figure could vary significantly depending upon the type of commercial uses constructed and possible zoning changes or conditional use permits issued. • The addition of 187 acres of industrial development (and Institutional Uses) generating the potential for an additional 82,219 daily trip-miles, just under a quarter of the total new trip-miles at 22.1 %. Again, it is possible that some parcels zoned for industrial uses will end up being commercial uses after obtaining a Conditional Use Permit. There Huntington Beach 2011-12 Development Impact Fee Calculation Report 55 Item 9. - 249 HB -384- 319 693 Chapter 5 Circulation (Streets, Signals, and Bridges) System are likely many existing industrial buildings contiguous to the City's many arterials and collectors that have become commercial uses. When all (or most) of the available vacant land is developed, the City can expect an additional 370,924 daily trip-miles. For perspective, the City currently experiences approximately 3,135,213 daily trip-miles from the existing residences and businesses. The 370,924 anticipated trip-miles represents an approximate 11.8% increase over the existing 3,135,213 daily trip-miles. The Purpose of the Fee. The purpose of the fee is to collect proportional contributions from new development to pay for additional circulation system capacity and by creating more lane miles or more efficient lane miles with which to accommodate the additional trip-miles created by and anticipated from new development. Additionally there are circulation projects required to alter existing arterials, collectors or intersections that currently exist, but due to additional trip-miles are becoming ineffective at moving vehicles. An example would be the intersection of Beach Boulevard and Edinger Avenue (ST-001). This project is required because additional citizens and business-owners will use the existing intersections along with the current users rendering it, again, ineffective at moving traffic at a reasonable pace, primarily during the a.m. and p.m. peak hour of traffic. Acceptable traffic paces can be maintained with a combination of road widening, freeway access/egress, proper signalization and turn lane channelization. The simple answer to increasing demand for lane miles is to construct additional lane miles. Unfortunately there are little if any opportunities to construct additional lane miles of arterials or collectors within the City's limits without the impractical and acquisition of very expensive right-of-way. Thus, given the size of City of Huntington Beach and the magnitude of growth projected in this Report, numerous intersection improvements and construction of technologically improved traffic signals will be the primary methodology employed by the City to avoid congestion and gridlock in the future. Traffic planners have long known that the critical constraint in a typical roadway network is usually not the roadway itself but the many intersections of arterial and collector roadways. While the street capacity may be theoretically adequate to carry traffic volumes at build-out, motorists may experience congestion and even gridlock at the intersections of the arterial/collector. While the City will likely undertake, some street widening projects where possible, the installation of traffic signals and lane reconfiguration at critical intersections in the City is perhaps a more important component of traffic circulation. The importance of traffic signals is twofold. First, the City can build only so many major collector streets and there are limits as to how wide they can be, indeed there are no more practical opportunities for additional lane-miles. Second, a north-south arterial/collector, by definition, will intersect with an east-west arterial/collector assuring that someone will have to stop, either at a stop sign or a traffic signal, adding time to their tasks. The traffic carrying capacity of each Huntington Beach 2011-12 Development Impact Fee Calculation Report 56 HB -385- Item 9. - 250 320 694 Chapter 5 Circulation (Streets, Signals, and Bridges) System collector can only be maximized by assuring orderly flow of traffic by efficient signalization of those intersecting arterial/collector roadways. None of this is intended to eliminate the time-honored practice of the developer constructing the full width roadway and being reimbursed for the portion greater than would otherwise be required of the developer. This impact fee calculation and resulting fee collection would simply improve the reimbursement capability. The City's Master Facilities Plan Circulation System section identifies fifteen circulation projects costing a net $28,539,780. The individual projects and costs are identified on Schedule 5.1 at the end of the Chapter and detailed in the Master Facilities Plan. A total of $26,608,410 has been identified by staff as capacity increasing, leaving $1,929,390 to be supported by other financial resources such as assessment districts, State (CALTRANS) assistance, General Funds, etc. There is an existing Circulation System Development Impact Fee Fund balance of $200,000 leaving some $1,469,370 with unidentified revenue sources. The Use of the Fee. The continued collection of the Circulation System Development Impact Fee would be used to construct the projects (or portions of projects) identified in Schedule 5.1 at the conclusion of this Chapter's text. The collected fees will be used to create additional lane miles with which to accommodate the additional 370,924 additional daily trip-miles that will be generated by the scope of development identified in Table 2-1. Nineteen specific signal modification/intersection modification improvement projects have been included in the list of proposed projects. They include: Beach Boulevard - Seven signal modification/intersection improvement projects would be constructed along Beach Boulevard at the intersections with Edinger, Heil, Warner, Slater, Talbert, Garfield, and Yorktown Avenues. Pacific Coast Highway - Three signal modification/intersection improvement projects would improve traffic flow along Pacific Coast Highway at Warner Avenue, Goldenwest and Brookhurst Streets. Newland Street - Three signal modification/intersection improvement projects along Newland Street include the intersections with Talbert, Warner and Yorktown Avenues. Goldenwest Street - There are two such projects planned at the intersections of Goldwest Street with Bolsa and Slater Avenues. Gothard Street - There are also two signal/intersection improvement projects planned at the intersection of Gothard Street with Slater and Talbert. Huntington Beach 2011-12 Development Impact Fee Calculation Report 57 Item 9. - 251 HB -386- 321 695 Chapter 5 Circulation (Streets, Signals, and Bridges) System There are two more signal improvement projects, one at the intersection of Ward Street and Garfield Avenue and one at Brookhurst Street and Adams Avenue as well as a few minor intersection improvements that will be identified as development projects arise. There is a minor amount for a facility addition at the City yard to store replacement signal equipment. The Relationship Between the Use of the Fee and the Type of Development Paying the Fee. There is a reasonable relationship between the fees' use and the types of projects on which the fees are imposed. The fees will be used to provide for a fair share contribution for transportation system improvements, including various street, signal and bridge project improvements needed to accommodate additional development of residential units and business square feet. The development impact fee to be imposed and collected will be based on the ratio of projected number of trip-miles the proposed development will generate in relationship to the total 370,924 additional projected trip-miles at General Plan build-out. Any amount imposed as a Circulation System Development Impact Fee will continue to be placed in a separate fund as the current City practice (collecting interest) and is to be used only on the projects identified on Schedule 5.1 as development-related. From time to time the City may require an applicant of a private project to construct a street or signal improvement (or portion thereof) that is on the list of required improvements at the end of this Chapter. This method is often undertaken to expedite the project at the request of the applicant/developer. The developer should receive a credit representing the cost of those required improvements, against their mathematically calculated impact fee, for any money expended on this required improvement against any circulation projects. Should one not exist, a portion of the ordinance addressing the issue of credits should be prepared and added to the City of Huntington Beach Municipal Code. The following table identifies some of the key system attributes of the Circulation System. The attributes identify that approximately 89.4% of the total trip-miles at "build-out" are represented by the existing community who have contributed a similar, but larger amount (96.2%) of the cost of the entire system. The traffic system yet to be built represents about 3.9% of the total trip-mile supporting system when the City is fully developed. Since there is a finite amount of room for additional major roads, traffic signals must be constructed at the intersection of major arterials. All of this generally indicates that the City is "on target" in terms of the construction of a circulation infrastructure. Or another way to state it is that the current drivers will generate 89.4% of the ultimate "build-out" trip-miles, have constructed about 96.2 % , (in terms of cost) of the required infrastructure. It would be appropriate to assume that the remaining 10.6% of the traffic trip-mile generators contribute the remaining 3.9% of the infrastructure. Huntington Beach 2011-12 Development Impact Fee Calculation Report 58 HB -387- Item 9. -252 322 696 323 697 324 698 325 699 326 700 327 701 328 702 329 703 330 704 331705 332706 333707 334 708 335 709 Chapter 6 Storm Drainage Collection System use) and the varying amounts are referred to as the runoff coefficients. Approximately 0.775 (or 77.5%) of rainfall that falls on a parcel developed with detached dwelling residences, exits that developed parcel. The rate for attached dwelling residences runoff is little much higher at 0.810 (81.0%). Most business uses such as a hotel/motel, resort, retail/office and industrial have a runoff coefficient of between 0.875 and 87.5% with industrial acres to 0.950 or 95 %. Clearly, water runoff increases when a vacant property is developed with impervious roof-top, sidewalks and driveways/parking lots. The cumulative effects of additional runoff must be managed with the appropriate capital facilities to move the water and, in some cases such as during heavy downpours, detain the storm water prior to releasing it slowly into the downstream storm drain. The costs of the new storm drainage will be distributed by the coefficients of drainage, i.e., the percentage of property that will end up with impervious coverage such as asphalt or cement-based concrete drives or parking lots, rooftop, pools and any other hard surface that do not allow any absorption into the soil. The Purpose of the Fee. The purpose of the development impact fee is to collect fair share contributions from the various land-uses to finance the proportional acquisition of additional storm drainage system improvements needed to collect that additional storm water runoff from the that same proposed development. The cost of extending the same level of storm drainage protection to the newly developing homes and businesses as is provided to the existing community, (that has largely paid for the existing system), can be calculated, an impact fee imposed and collected. The impact fee revenues can then be used to expand the storm drainage facilities necessary to extend the existing level-of-services. The City's Storm Drainage Plan identifies a total of $207,494,225 in storm drainage collection system capacity-increasing projects required to fully complete the City's General Plan build-out network of pipes, small channels and detention ponds. This cost cannot be mitigated by Storm Drainage System Development Impact Fee fund balance. The Use of the Fee. The construction of storm drainage collection facilities in the City of Huntington Beach is essential to the preservation of private property, and the millions of dollars invested in public streets, curbs, parks and other public facilities. The building of new residences and businesses on presently undeveloped (or underdeveloped) land will require the installation of additional storm drainage collection lines and inlets to handle the ever increasing runoff from this same new development. This Chapter reviews the costs of expanding the storm drainage collection system facilities needed to accommodate the drainage generated by future development. The revenues raised from a properly calculated and supported Storm Drainage Collection System Development Impact Fee would be limited to capital(ized) costs related to that growth. The fees would be used to construct additional or parallel storm drainage lines (to increase the drainage capacity of the system). Conversely, the Storm Drainage Impact Fee receipts would not be used to repair, replace or rehabilitate any existing storm drainage lines with adequate capacity. Huntington Beach 2011-12 Development Impact Fee Calculation Report 72 HB -401- Item 9. -266 336 710 0.775 Storm Drainage Collection System Chapter 6 The Relationship Between the Need for The Public Facilities and the Type of Development Project. There is a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed. New residents and businesses utilize and impact the community's existing storm drainage system which requires various storm drainage improvements. Upon the identification of the costs of storm drainage facilities, generated by future development, costs must be further distributed for each of the land uses (i.e., commercial and residential uses) based on their estimated storm runoff. Detached and attached residential dwelling development provides the most landscape percentage per parcel and thus the greatest percolation and conversely the least runoff of storm-water. As such, these land uses should not bear the same cost as Commercial/Office or Industrial use developments, both of which generally will have lesser landscape area (or stated another way, have a higher percentage of impervious area) and therefore generate a higher amount of storm water runoff. Schedule 6.1 contains the list of storm water projects identified 4 as necessary to control the storm water runoff resulting from the creation of an impervious surface by future development and also continue to protect the existing developed community. The list consists of hundreds of small projects in six storm drainage zones estimated to cost $207,494,050. For this Report, costs were distributed between land uses on established runoff coefficients. Table 6-1 is the listing of these runoff coefficients employed in this Report.5 Table 6-1 Storm Drainage Runoff Coefficients (@ a 2"/hour rainfall) Detached Dwelling Units Attached Dwelling Units Mobile Home Dwelling Units Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Uses 0.810 0.800 0.900 0.875 0.900 0.950 Huntington Beach 2011 -12 Development Impact Fee Calculation Report 73 Item 9. - 267 HB -402- 337 711 338 712 Detached Dwelling Units Chapter 6 Storm Drainage Collection System fmance the remaining 50.5% of the total General Plan cost of the system at a guaranteed preventive (and assuredly illegal) development impact fee of about $370,000 per acre. This clearly indicates that the City's storm drainage collection system has not been constructed proportionally and ratably with the amount of storm runoff generated by the development in the City to date. Stated slightly differently, with 92.7% of the City's acreage developed, the storm drainage system should also be close to 92.7 %developed. However, such is not the case. Such a statement can be said of virtually all of Southern California's cities. The most likely reason is that the storm drainage system, without an exclusive revenue source, must compete with other far more needed (or desired) capital projects within the City's limited General Fund. As an example, a $1.0 million dollar signal modification that eliminates significant traffic delays daily, would more likely be funded as compared to a $1.0 million storm drainage project that benefits the community during a few hours of the few rainiest days of the year. A fair cost allocation would be to recognize that future additional drainage represents approximately 6.3 % of the total at General Plan build-out thus should be allocated roughly 6.3 % of the total cost of the remaining projects. Table 6-3, following, indicates the impact fee amounts that would need to be imposed to pay for the cost of completing the portion of the system's collection pipes and channels identified by staff to be financed with impact fees. It would be reasonable to expect future development to finance its proportional share of the identified storm drainage needs without violating the proportionality rule as has been done with other development impact fees in this report. Table 6-3 General Plan Build-out Needs Storm Drainage Facilities Impact Fees $5,354,096 $18,149 $3,061/Unit Attached Dwelling Units $2,109,274 $18,968 $397/Unit Mobile Home Dwelling Units $18,735 $18,735 $2,082/Unit Hotel/Motel Lodging Units $392,020 $18,149 $479/Unit Resort Lodging Units $190,624 $20,497 $356/Unit Commercial/Office Uses $838,839 $21,076 $0.3471S.F. Industrial/Manufacturing Uses $4,160,238 $22,247 $1.144/S.F. Huntington Beach 2011-12 Development Impact Fee Calculation Report 75 Item 9. - 269 HB -404- 339 713 340 714 341 715 Chapter 6 Storm Drainage Collection System RECAP OF RECOMMENDED STORM DRAINAGE COLLECTION SYSTEM DEVELOPMENT IMPACT FEES. •Adopt Schedule 6.2. for the seven basic new land-uses, and; •Adopt the Schedule 6.2, "Cost per Acre" column for construction of parking lots and other private construction causing additional runoff but few other impacts. CHAPTER ENDNOTFS 1.Storm drainage pipe below the size of 21" is almost exclusively used for "local" or tract storm water collection and is thus not included in the equity calculation. In Huntington Beach this amounts to an additional 80,100 linear foot of reinforced concrete pipe that is 18" to 21" and considered to be "local" in nature and thus not included in this calculation. 2.Roughly assumes inlet boxes constructed at 425 linear foot intervals, combination boxes at 750 foot intervals and junction boxes at 300 linear foot intervals. 3.Projects of major importance generally involving the control of large quantities of flood water (over 500 C.F.S.) through numerous cities and unincorporated areas. 4.The projects individual scope and cost estimates have been provided by the City's contractual engineering firm Kennedy/Jenks Consultants, Engineers and Scientists, Irvine, CA 92612-1311. 5.San Bernardino County Hydrology Manual, Williamson and Schmidt, Civil Engineers, Irvine, California, August, 1986, Runoff Index Number 56. Huntington Beach 2011-12 Development Impact Fee Calculation Report 78 HB -407- Item 9. - 272 342 716 Other Revenue Sources $0 Total - Storm Drainage Collection System Capital Project Needs I $207,494,050 Schedule 6.1 1,.) City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Identification of Projects and Cost Allocation Storm Drainage Collection System $22,234,085 $20,171,660 $32,080,501 $26,938,963 $92,344,355 $660,660 93.'70% $194,430,225 $0 $0 $0 6.30%$1,493,915 6.30%$1,355,340 6.30%$2,155,499 6.30%$1,810,037 6.30%$6,204,645 6.30%$44,390 6.300/4 $13,063,825 0.00%$0 0.00%$0 0.00% $0 6.30%$13,063,825 °ward to Schedule SD-002 Coastal and Bolsa Chica Wetlands Region (SD Region #2) SD-001 Santa Ana River & Talbert Channel Region (SD Region #1) SD-005 Bolsa Chica Channel & Harbour Region (SD Region #5) SD-006 Public Works Maintenance Building SD-003 Slater Channel Region (SD Region #3) SD-004 Wintersburg Channel Region (SD Region #4) LESS: Existing Storm Drainage Impact Fee Fund Balance SUB-TOTAL ESTIMATED NEW PROJECT COSTS $207,494,050 $34,236,000 $28,749,000 $23,728,000 $21,527,000 $98,549,000 $705,050 $0 $0 o.cook 0)30% 6.80% Percerlt eeef Apportioned •Dollar cat SUB-TOTAL ADJUSTMENTS I 9a,n0/ 93•70% Percent • 00040. voirar:obii $194,430,225 onstrtiction* Other Regources .01#00,11/6/.00: pbriirasq. . nfraStr00,04.0g capv.oe,. 0-1 CD NOTES: There are no notes. Revent. ost Specialists, L.L.C. Full CA 92831343717 Detached Dwelling Units (1)295.00 1,749 0.775 228.63 40.98%$5,354,096 $18,149 5.93 $3,061 per Unit Attached Dwelling Units 111.20 5,307 0.810 90.07 16.15%$2,109,274 $18,968 47.72 $397 per Unit Mobile Home Dwelling Units 1.00 9 0.800 0.80 0.14%$18,735 $18,735 9.00 $2,082 per Unit Hotel/Motel Lodging Units 18.60 818 0.900 16.74 3.00%$392,020 $21,076 43.98 $479 per Unit Resort Lodging Units 9.30 535 0.875 8.14 1.46%$190,624 $20,497 57.53 $356 per Unit Commercial/Office Uses 39.80 2,417,000 0.900 35.82 6.42%$838,839 $21,076 60,729 80.347 per S.F. Industrial/Manufacturing Use 187.00 3,638,000 0.950 177.65 31.85%$4,160,238 $22,247 19,455 $1.144 per S.F. TOTAL1 557.85 •Total Storm Drainage itat ,.Ne 0 Finish e101eiji#00:t Impact Fee per Urn vare Foot erceetage Of Additional ServiCet Calls Average Units ua Peet/Acre waived Use Coefficient of Drainage . .Prolleseci land Schedule 6.2 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report General Plan Build-out Needs-based Development Impact Costs (Fees) Storm Drainage Collection System 00 Revenue & Cost Specialists, L.L.C. Fullerton, CA 92831344718 'MO*r.Oe'rita. of Existing,iotatinage: went HPand Commitment per Unit or Square root -Eystip0.00: Of 'EqwtY perAcre Allocalion:of InfrastructUre :Tgqi.ty!prOpOsed Lang' 4.10. $3,168 per Unit $993 per Unit $1,401 per Unit $689 per Unit $536 per Unit $1.448 per S.F. $1.070 per S.F. 0.775 4,987.90 60.07% $122,325,402 $19,006 6.00 20.00 14.00 32.04 40.05 15,246 21,779 0.810 $19,8651,462.37 0.800 6,436.00 1,805.40 204.60 163.68 38,616 36,108 2,865 $19,617 17.61% $35,863,547 1.97% $4,013,573 Detached Dwelling Units (1) Attached Dwelling Units Mobile Home Dwelling Units 0.36%30.06 $22,0700.900 0.21%17.680.875 $21,472 $737,145 $433,735 Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses 9.13%757.710.900 $22,073 10.64%883.780.950 $23,298 $18,583,394 $21,674,517industrial/Manufacturing Use CD Schedule 6.3 City of Huntington Beacht\.) 2011-12 Development Impact Fee Calculation and Nexus Report Community Financial Commitment or Equity-based Proportionality Test Fees Storm Drainage Collection System OTAL. 10,2/1.m 91100 0/4 4203;631;318 In ibta)...'0.iuit.iiCije.iii*jaw.tiiki4iiiii4fit.W.4§eti::: $158;631;313-:.In Equity in Storm Drainage Collection System FacilitIes. :$15;000,090 :-,i n Equity in Storm Drainage Basins. itl :Eki$tingStorm .OrAinage .iblpact FP e f und.:B *Oc a- 00 Revenu )st Specialists, L.L.C. Full( CA 92831345719 Chapter 7 Public Library Facilities and Collection The Existing System. The City's library system consists of five library facilities providing a total of 127,400 square feet. When the 127,400 square feet of the library building space is divided by the City's residential population of 190,377 1 , a space standard of 0.669 square feet/resident is established, (127,400 square feet of library space ÷ 190,377 residents). The City's library operations also house an extensive inventory of 410,594 collection items contained within the five libraries. When the 410,594 collection items are divided by the City's residential service population of 190,377 2 , a collection item standard of 2.157 library collection items/resident is established, (410,594 collection item's 4- 190,377 residents). Demand Upon Infrastructure Created by the Development of Underdeveloped or Undeveloped Parcels. Stated simply, the 127,400 square feet of library facilities utilized by the City will accommodate only a finite number of collection items and residents/patrons. Additional residential development will increase the demand on the existing square feet of library pad and the existing collection items. The Purpose of the Fee. The purpose of the fee is to enable the City to collect a fee that would allow the City to construct additional square feet that would ensure that the City's existing and new residents would have adequate and sufficient access to and enjoyment of the library space and collection. The calculation in Table 7-1, following, establishes the City's existing de-facto library standards. [This space left vacant to place the following table on a single page] Huntington Beach 2011-12 Development Impact Fee Calculation Report 82 HB -411- Item 9. -276 346 720 Chapter 7 Public Libraiy Facilities and Collection Table 7-1 Calculation of Existing City Library Facilities/Collection Items Standard Library Facility S.F. Collection Items Banning Library 2,400 27,637 Central Library 115,000 314,921 Graham Library 1,200 14,920 Main Street Library 4,500 30,429 Oak View Library 4,300 22,687 Total Library Resources 127,400 410,594 Current Residential Population 190,377 190,377 Existing Standard/Resident 0.669 2.157 Table 7-2, following, indicates that the remaining residential dwelling development and typical number of residents per type of residential dwelling will generate a need for 11,443 additional square feet in order to maintain the existing library facility standard of 0.669 square feet per person. Table 7-2 Square Feet Required to Maintain Existing Facility Standard Residential Land-Use Number of Units Persons per Dwelling = Resident Yield Detached Dwellings Units 1,749 3.053 5,095 Attached Dwellings Units 5,307 2.257 11,978 Mobile Home Dwelling Units 9 1.660 16 Additional Residential Population to be Served 17,089 Square Foot per Person Existing Standard 0.669 Square Feet Required to Maintain Existing Standard 11,433 Huntington Beach 2011 -12 Development Impact Fee Calculation Report 83 Item 9. -277 HB -412- 347 721 Chapter 7 Public Library Facilities and Collection The library system also has a collection of 410,594 collection items 3 generating a collection standard of 2.157 collection items per resident within the system (410,594 collection item's +190,377 persons). Table 6-3, following, indicates the additional number of residents to be served and the number of collection items required to maintain the existing standard. The City will need to acquire roughly 36,861 collection items to maintain the existing 2.028 collection items per person in light of the additional 17,089 additional Huntington Beach residents expected at General Plan build-out. Table 7-3 Collection items Required to Maintain Existing Standard Residential L and-Use Number of Units Persons per , Dwelling . Resident Yield Detached Dwellings 1,749 2.913 5,095 Attached Dwellings 7,207 2.257 11,978 Mobile Home Dwellings 9 1.822 16 Additional City Population to be Served 17,089 Collection Items per Person Existing Standard 2.157 Collection Items Required to Maintain Existing Standard 36,861 The Use of the Fee. The fee, if adopted, would be imposed, collected, and, as needed (and desired), expended on expansion of the amount of library facility space in the two libraries and the number of collection items in the system's collection. The library staff has indicated that the proceeds of any Library development impact fee would be used to expand the Banning Library from its 2,400 square feet to approximately 12,500 square feet and expansion of the existing 4,500 square feet Main Street Branch Libraries into the remaining 4,804 square feet (for a total of 9,304 square feet) in the same building after the current tenant chooses to move elsewhere. Collection items would be expanded in proportion with the population increase, most likely into the additional proposed library space. The Relationship Between the Need for the Fee and the Type of Development Project. The development of any acreage zoned for residential uses, increases the demand on the finite amount of library space and collection items. Thus, those residential land uses that generate higher numbers of residents (i.e. , detached dwelling) will be charged a proportionally higher amount. Huntington Beach 2011-12 Development Impact Fee Calculation Report 84 HB -413- Item 9. -278 348 722 Chapter 7 Public Library Facilities and Collection There is no information available demonstrating a substantive link between library use and local businesses. Library use is primarily by residents as opposed to business persons. The Relationship Between the Use of the Fee and the Type of Development Paying the Fee. Additional square feet will be constructed with the DIFs collected from residential development and additional collection items will be added to the existing collection. If not adopted and used to expand the City's existing Library standards' the level of service will decrease by about 8.3% to 0.620 square feet and 1.98 collection items per resident at General Plan build-out. The Library DIFs, if adopted, imposed and collected, cannot be used for any other purpose than their stated use of maintaining the existing library standards. The Relationship Between the Amount of the Fee and the Cost of the Portion of the Facility Attributed to the Development Project. The cost of acquiring land for additional library space and construction is about $520.63 per square foot'', (per Schedule 6.1). The 127,400 square feet of library space, when divided by the 190,377 existing potential patrons create a standard of 0.669 square feet of library space per City resident. The standard of 0.669 square foot standard multiplied by the $520.63 per square foot of pad cost of library construction results in a charge of $348.30 per additional City resident. Table 7-4 following, demonstrates this. Table 7-4 Establishment of the Library Facilities Standard and Cost per Person to Maintain the Standard Library Facilities Owned Square Feet 127,400 Current City Service Population 190,377 Square Feet per Resident Standard 0.669 Cost of Library Building Construction per Square Foot $520.63 Square Feet per Resident Standard 0.669 Cost per Additional Resident $348.30 The cost of acquiring additional collection items, called the accession process 5 , (per Schedule 6.1) is estimated by the Library staff to cost roughly $25.00 per collection item. The 410,594 collection items, when divided by the City's 190,377 population create a standard of 2.028 collection items per City resident. The standard of 2.157 collection item standard multiplied by the $25.00 per collection item results in a cost of $53.93 per additional City resident, in order to maintain the existing standard. Table 7-5 following, demonstrates this. Huntington Beach 2011-12 Development Impact Fee Calculation Report 85 Item 9. -279 HB -414- 349 723 Public Library Facilities and CollectionChapter 7 Table 7-5 Establishment of the Library Collection Standard and Cost per Person to Maintain the Standard Library Collection Items 410,594 Current City Service Population 190,377 Collection Items per Resident Standard 2.157 _ Cost of Library Collection per Collection item $25 MO Collection Items per Resident Standard 2.157 Cost per Additional Resident $53.93 Resulting,_Impact Costs. The combined cost per new resident is $402.23, consisting of $348.30 for 0.669 square feet of library space and $53.93 for 2.157 additional collection items. Table 7-6, following, indicates the amount required for pro-rata expansion of the library space per Schedule 7.1. If adopted and imposed on the remaining development, it would collect enough to acquire land for and construct an additional 11,432 square feet of public library space and an additional 36,861 collection items. Table 7-6 Summary of Library Space and Collection Impact Costs --Cost per _Resident Residents_ _ pact o an r :76 g _.- -Per _ -- Detached Dwelling Units 2.913 $402.23 $1,172/Dwelling Attached Dwelling Units 2.257 $402.23 $908/Dwelling Mobile Home Dwelling Units 1.822 $402.23 $733/Dwelling Huntington Beach 2011-12 Development Impact Fee Calculation Report 86 HB -415- Item 9. -280 350 724 Chapter 7 Public Library Facilities and Collection RECOMMENDED DEVELOPMENT IMPACT FEES •Adopt Schedule 7.1 which contains the recommended City Library Facilities and Collection (item) Development Impact Fees and is summarized in Table7-6. •Establish a General Plan square foot standard for Library Facilities square feet per resident and a standard for Collection Items per resident. Chapter Endnotes 1.Based upon the 2011 State of California Department of Finance City population estimate of 190,377. 2.The current population of 190,377 establishes the existing standard. 3.A collection item is generally a book but can also be a CD, magazine subscription, video tape or some other like item with a similar cost and accession cost. 4.Based upon the construction cost of a 30,000 square foot library constructed in Highland, CA at a cost of $11,500,000 and increased by the Engineering News Record construction cost index increase of 14.95% over the 01106 construction date (or $441.63 per square foot) and land acquisition at a cost of $20 per square foot of land with a FAR (floor area ratio) of 0.20 requiring five square feet of land per square foot of building pad. 06/2010 ENR- CCI = 8805 divided by the 01/06 ENR - CCI of 7660 = 14.95 percent increase. 5.The accession process includes: needs research, ordering, receipt, preparation, entering it into the computer and actual placement on the shelves. Huntington Beach 2011-12 Development Impact Fee Calculation Report 87 Item 9. - 281 HB -416- 351 725 Land Acquisition at $20.00/S.F. and 0.25 FAR. Land Acquisition and Construction per Square Foot Cost per Collection Item $80.00 $520.63 $25.00 Cost per Square Foot or Collection Item Existing City Library Standard(s) Cost of Space per Resident Cost of Collection Item per Resident $520.63 $25.00 0.669 2.157 $348.30 EREIRMSEE $53.93 Schedule 7.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Public Library Facilities and Collection Library Space Library Collection Banning Library 2,400 27,637 Central Library 115,000 314,921 Graham Library 1,200 14,920 Main Street Library 4,500 30,429 Oak View Library 4,300 22,687 Existing Square Feet of Library Space 127,400 .:Mliciiiigainn Existing Library Collection Items 410,594 Calculation of Existing Standards: Current Population (Residents) S.F. of Library Space/Resident Collection Items/Resident 190,377 190,377 0,669 Library Construction/Square Foot 06/2010 $440.63 INDEVEREN Type of Residential Dwelling Unit Density per Dwelling Unit Detached Dwelling Unit 2.913 Attached Dwelling Unit 2.257. Mobile Home Dwelling Unit 1.822 Library Space Component Library Collection Component Total Library Impact Fee $1,015 $157 $1,172 $786 $122 $908 $635 $98 $733 88 Fullertc - -- Item 9. - 282Revenue & Cost Specialists, L.L.C. HB -417- 352 726 Chapter 8 Park Land Acquisition and Park Facilities Development (including Open Space) This Chapter summarizes the City's existing inventory of parks and identifies the ratio of park land (and park facilities improvements) per resident allowable under the Quimby Act (§66477 of the Government Code) for residential developments involving the subdivision of land and AB1600 (§66000) for the construction of residential developments not involving the subdivision of land The existing per capita standard is then utilized to calculate the park dedication requirement for future residential development. EXISTING PARKS AND PARK IMPROVEMENTS SYSTEM Open space notwithstanding, intensive parks and recreational facilities constitute one of the City of City of Huntington Beach's greatest needs both with respect to facilities for current residents and future citizens. The provision of a well-planned park system, with a variation in the size and nature of facilities offered, is an important amenity to residents of any city, the City of City of Huntington Beach included. A mixture of passive and active uses and facilities and programs which appeal to a broad spectrum of potential park and trail users are considered optimal in most urban cities. The City currently has at its disposal (and within general control) some 999.09 acres of park, beach and specialty uses for use by the City's many residents. However, not all of these acres are owned by the City, many are leased or owned by other agencies made available to the City via a joint use agreements with the various school districts or are S. C. E. right-of-way. The current acres dedicated to park use (and owned or under long-term control by the City) can reasonably well serve the City's current needs. However if the number of owned park acres remains static at 778.41 acres, the City may not be able to continue to meet recreational demands in light the probable 9.0% increase in the City's population. At an attempt to achieve a high level of fairness, the City's owned park acreage will be used as the standard for calculating the park standard and the development impact fee schedule. The figure is a Government Code statute-based calculation and thus does not include other park opportunities in the area such as Harriet Weider Regional Park, which while clearly serving the City residents, are not City-facilities and thus cannot be programmed by the City. The City has a General Plan standard target of 5.0 acres per 1,000 acres per residents and the calculation of target does include the park acres of other agencies (i.e. the regional park and state-owned beach land) within the calculation of that General Plan Huntington Beach 2011-12 Development Impact Fee Calculation Report 89 Item 9. - 283 HB -418- 353 727 Neighborhood Parks 183.79 129.74 Community/Sports Parks 546.82 470.81 Other (beaches, etc)268.48 177.86 Total Acres (Owned)999.09 778.41 Chapter 8 Park Land Acquisition and Park Facilities Development target. That is completely acceptable for General Plan issues, and the City does meet that General Plan standard. Future residential development, by increasing the City's population, will impact the City's park system by requiring additional athletic fields, adequate space for various athletic activities and community center space. Given the magnitude of growth projected in this and other reports, the challenge facing the City will be to provide new facilities and park land to serve the recreational needs of these new residents. Without additional park land acquisition and development of currently owned but underutilized park land during the remaining period of private residential development, the City's parks will become overcrowded and overused, with the ultimate result becoming a negative experience for park users. Existing Park Land and Open Space Land. Currently, the City owns (or has long-tern control of) approximately 778.41 acres of traditional park land, about 87.9 %(683.9 acres) of it, developed. The entire list of parks and their acreage is identified on Schedule 8.1 at the conclusion of this Chapter with a summary by type in Table 8-1. Central Park is the largest developed park, representing just under a half of the park system acreage and provides the greatest variety of sports and passive uses. Table 8-1 Current Park Total Inventory City Park Standard. Table 8-2, following, is a comparison of the acreage of parks to the City of Huntington Beach's current population and indicates that the City presently possesses a total standard of 5.248 acres of park land per 1,000 residents, (999.09 park acres [190,377 resident's 1,000], rounded). However as stated previously, the owned acreage will be used to calculate the standard and resulting impact fee. The City presently owns 778.41 acres and thus possesses an owned standard of 4.089 acres of owned park land per 1,000 residents, (778.41 owned park acre's 4- [190,377 resident's -:- 1,000], rounded). This is above the benchmark of 3.0 acres per Huntington Beach 2011-12 Development Impact Fee Calculation Report 90 HB -419- Item 9. - 284 354 728 Chapter 8 Park Land Acquisition and Park Facilities Development 1,000 persons contained in Section 66477 of the California Government Code relating to dedication of parks. Table 8-2 Calculation of Actual City-owned and Developed Park Acres Standard _ Park ., Acrs. Owned P ar k _ Current Park Acres 999.09 778.41 Current City Population 190,377 190,377 Population Stated in Thousands 190.377 190.377 Park Acres per 1,000 Population 5.248 4.089 The Quimby Act, to be discussed later, allows a minimum standard of 3.0 acres per thousand resident's even if the City has not attained that standard. However, the park acres owned standard for the City of Huntington Beach, at 4.089 acres per 1,000 resident's, exceeds that minimum standard and thus the Quimby allowable minimum standard of 3.0 acres per 1,000 new residents is irrelevant and the 4.089 acres/1,000 resident's standard will be used for Park Land Acquisition and Park Facilities Development. Though not particularly relevant 2 to the City of Huntington Beach, the Quimby Act has a cap on land dedications required as a part of the subdivision of land of 5.0 acres per thousand (Government Code §66447 (a)(2). Planned Improvements. In addition to the ongoing improvement of the remaining 115.85 acres3 available for increased residential development, the City will need to acquire 70.5 additional park acres, per Table 8-3, and develop these new parks to serve the additional 17,089 residents anticipated to live in City of Huntington Beach at General Plan build-out. [This space left vacant to place the following table on a single page] Huntington Beach 2011-12 Development Impact Fee Calculation Report 91 Item 9. -285 HB -420- 355 729 Chapter 8 Park Land Acquisition and Park Facilities Development Table 8-3 Calculation of Required Park Acres per Allowable Standard Future Added Population 17,089 Population Stated in Thousands 17.089 Allowable City of Huntington Beach Park Standard 4.128 Parks Acres Required to Maintain Standard 70.5 The 70.5 acres could be constructed in any of the following configurations: Mini or "Pocket" Parks - This type is the smallest of the park type designations, usually an acre or less. Mini parks are generally not planned due to higher maintenance costs. They are usually the result of the acquisition of an unusual parcel oftentimes with historical or community significance. Tarbox, Booster, Trinidad or Daily Parks are good examples of this category. Local or Neighborhood Parks - These parks are generally 3.0 to six acres and serve local (walk- in distance) users. Not surprisingly, the City has a number of these parks, roughly forty-nine at an average of about 3.5 acres in size. Neighborhood Parks, per the category title, are intended to serve walk-in populations nearby the park and typically are not highly programmed with City-run activities. Community - These parks, to be functional, are usually closer to ten acres or larger and are designed to meet the needs of the entire community. These needs include youth and adult sports organizations, clubs or associations and large scale community events such as 4 th of July celebrations or festivals. Langenbeck, Baca, Bartlett, Carr and Gisler Parks are good examples of a broad-based use community park. Sport Parks - These park, again as titled, are highly infrastructure-developed to meet the active sports needs of both youth and adults. Edison and Greer Parks are good examples of the City's sports parks. The proposed park improvements that could be contained within the roughly 65 needed acres and the existing standard (Table 8-2) are consistent with the City's Park and Recreation Element of the General Plan. The City's 3.785 acres per 1,000 population standard speaks reasonably well for the City as a three-acre per 1,000 population standard is the common minimum, but frequently Huntington Beach 2011-12 Development Impact Fee Calculation Report 92 HB -421- Item 9. -286 356 730 Chapter 8 Park Land Acquisition and Park Facilities Development unmet, target of municipalities and recreation and park special districts throughout California. City staff has plans and has identified parcels that would assist help reach the 5.0 acres per 1,000 standard at General Plan build-out. CALCULATION OF PARK DEDICATION STANDARD Unlike the other facilities discussed in this Report, the California Government Code contains specific enabling legislation for the acquisition and development of community and neighborhood parks by a City. This legislation, codified as Section 66477 of the Government Code and known commonly as the "Quimby Act," establishes criteria for charging new development for park facilities based on specific park stawbrds. This Report will recommend the adoption of Quimby- style park fees over an AB 1600-style development impact fee for developments requiring the subdivision of land and an AB 1600 fee for non subdivided land. Allowable Park Standard As stated earlier, under Section 66477 of the Government Code, the City may charge new residential development based on a standard of 3.0 acres per 1,000 population if the City does not presently possess a ratio of 3.0 acres per 1,000 for the existing population. The Government Code also enables a city to charge development based on a standard higher than 3.0 acres (to a maximum of 5.0 acres) if the City currently exceeds the minimum benchmark ratio of 3.0 acres per 1,000 persons. Schedule 8.1 indicates that the City exceeds that minimum standard (with 3.785 acres/1,000 residents) and may then impose a fee in order to maintain that standard. The law states that "if the amount of existing neighborhood and community park area ... exceeds the [3 acres of park area per 1,000 person] limit the legislative body may adopt the calculated amount as a higher standard not to exceed 5 acres per 1,000 persons."' Park fees may be required by the City provided that the City meets certain conditions including: •The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park by the future inhabitants of the subdivision. •The legislative body has adopted a general plan containing a recreational element, and the park and recreational facilities are in accordance with definite principles and standards contained therein. •The city ... shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities ... Any fees collected under the ordinance shall be committed within five years after the payment of such fees. Once a per capita standard for parks is determined, the cost of residential development's impact on the City's park system can then be computed as follows: Huntington Beach 2011-12 Development Impact Fee Calculation Report 93 Item 9. - 287 HB -422- 357 731 358 732 Chapter 8 Park Land Acquisition and Park Facilities Development The $310,168/acre is then increased by 15% to $356,693 to account for the park architectural costs and 24% to $442,299/acre to account for project administration, plan check, engineering, inspection and materials testing costs. Lastly, the $422,299 per acre figure is increased by 15% to $508,644 for a typical park project contingency. Schedule 8.2 shows this in numeric detail. Schedule 8.3 details the average park construction cost by type of park. The Existing Park Community Center Inventory. The City has a number of facilities dedicated for use as public uses facilities (as opposed to staff facilities). The existing 118,020 square feet of Community Use Facilities are identified in Table 8-5, following. Table 8-5 Inventory of Existing Park Community Use Facilities Community-Use Facility .--Square Feet 7 Beach Public Service Center 2,561 City Gymnasium and Pool Facility 23,600 Edison Community Center 11,065 Harbor View Clubhouse 2,203 Huntington Beach Municipal Art Center 11,092 Huntington Beach Youth Shelter 5,600 Junior Lifeguard Headquarters 5,922 Lake Park Clubhouse 3,000 Lake View Clubhouse 2,000 LeBard Clubhouse 1,000 Murdy Community Center 11,000 Newland Barn 6,000 Newland House Museum 2,750 Oak View Community Center 10,000 Rodgers Senior Center 14,000 Seniors Outreach Center 2,700 Shipley Nature Center Interpretive Building 1,863 _ Terry Park Community Center 1,664 Total Community Use Facilities Square Feet 118,020 Huntington Beach 2011-12 Development Impact Fee Calculation Report 95 Item 9. -289 HB -424- 359 733 360 734 361 735 362 736 Schedule 8.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Park Quimby Fee for Dwellings on a Sub-divided Parcel, and; AB1600 Fee for Dwelling on Non-subdivided Parcels Lake Park Lake View Park Lamb Park Lambert Park Langenbeck Park Lark View Park LeBard Park Manning Park Marina Park Marine View Park McCallen Park Meadowlark Golf Course Moffett Park Murdy Park Newland Park Oak View Center Park Weider Regional (County-owned) Pattinson Park Perry Park Pleasant View Park Prince Park Robinwood Park Rodgers Senior Center Site Schroeder Park Seabridge Park Seeley Park Sowers Park Sun View Park Talbert Park Tarbox Park Terry Park Triangle Park Trinidad Park Wardlow Park Wieder Park Worthy Community Park Total Acres (Owned/Developed) Current Population Population/1,000 Current Standard •Par k S ize. 4.75 2.16 2.60 3.50 17.02 3.65 4.99 2.46 9.34 2.96 5.84 98.00 2.38 16.04 2.94 1.31 45.01 3.51 1.88 2.17 0.22 1.41 2.01 2.37 3.91 3.37 2.65 2.45 5.44 0.44 4.81 1.11 0.75 8.36 4.80 7.00 999.09 190,377 190.38 5.248 C ity Owned :Parkland 0.00 2.16 2.60 3.50 9.24 0.00 3.01 2.46 9.34 0.00 5.84 98.00 2.38 16.04 2.94 0.00 0.00 3.51 1.88 0.00 0.22 0.00 2.01 0.00 3.91 3.37 2.65 0.00 5.44 0.44 4.81 1.11 0.75 8.36 4.80 7.00 778.41 190,377 190.38 4.089 Developed P arklan d 4.75 2.16 0.00 3.50 17.02 3.65 4.99 2.46 9.34 2.96 5.84 98.00 2.38 16.04 2.94 1.31 23.01 3.51 1.88 2.17 0.22 1.41 2.01 2.37 3.91 3.37 2.65 2.45 5.44 0.44 4.81 1.11 0.75 8.36 4.80 7.00 849.58 190,377 190.38 4.463 99 Item 9. - 293s, cost Specialists, L.L.C. HB -428- Fullerton, 92831 CA 363 737 5.248 4.089 4.463 5.000 4.089 4.463 $871,200 $508,644 $66,680 $871,200 $575,324 $8,040 $5,795 $13,835 $6,491 $4,678 $11,169 $3,562,337 $2,567,671 1,000.0 1,000.0 $3,562.34 $2,567.67 $10,377 $7,480 $17,857 IvetOpment. $6,130.01 Schedule 8.1 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Park Quimby Fee for Dwellings on a Sub-divided Parcel, and; AB1600 Fee for Dwelling on Non-subdivided Parcels Acres/1,000 Population Standard Quimby Maximum Allowable Acquisition Cost per Acre (1) Construction Cost per Acre (2) Community Center Construction Total Component Cost Cost X Standard Population Served by Standard Cost per Resident . . . O ccupants! , WOW'. Detached Dwelling Units 2.913 Attached Dwelling Units 2.257 Mobile Home Dwelling Units 1.822 1. Current estimate of $20.00 per acre acquisition cost for land consistent with park use. 2. See Schedule 9.3 for typical park amenity construction cost details. 100 Revenue & Cost Specialists, L.L.C. HB -429- Fullert Item 9. - 294 364 738 Schedule 8.2 City of Huntington Beach Park Site Inventory Improvement Cost Residential Park Development Impact Fee Calculation of Average Park Acre Construction Cost It em 9 . - 295& Cost Specialists, L.L.C. HB -430 - Fullerton, 92831 CA Prince Park French Park Tarbox Park Davenport Beach Humbolt Beach Park City Gym/Pool Site Finley Park Bailey Park Trinidad Park Booster Park Triangle Park Banning/Magnolia Park Oak View Center Park Robinwood Park Franklin Park Perry Park Rodgers Senior Center Site Helme Park Bauer Park Lake View Park Pleasant View Park Drew Park Circle View Park Schroeder Park Bushard Park Moffett Park Sun View Park Manning Park Burke Park Arevelos Park Lamb Park Sowers Park Eader Park Hawes Park Bolsa View Park College View Park Conrad Park Clegg-Stacey Park Golden View Park Newland Park Haven View Park Marine View Park Glen View Park Seeley Park Lambert Park AVerage0*:: Or Acre $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $223,441 $49,157 $73,736 $98,314 $102,783 $107,252 $11 1,7 21 $125,127 $131,830 $167,581 $189,925 $248,020 $0 $292,708 $315,052 $339,631 $420,070 $449,117 $451,351 $455,820 $482,633 $484,868 $509,446 $516,149 $529,556 $531,790 $531,790 $547,431 $549,665 $558,603 $576,478 $0 $592,119 $598,823 $598,823 $603,291 $603,291 $605,526 $625,636 $627,870 $656,917 $659,152 $661,386 $674,793 $752,997 $782,044 101 0.22 0.33 0.44 0.46 0.48 0.50 0.56 0.59 0.75 0.85 1.11 0.00 1.31 1.41 1.52 1.88 2.01 2.02 2.04 2.16 2.17 2.28 2.31 2.37 2.38 2.38 2.45 2.46 2.50 2.58 0.00 2.65 2.68 2.68 2.70 2.70 2.71 2.80 2.81 2.94 2.95 2.96 3.02 3.37 3.50 l?atki Size 365 739 Schedule 8.2 City of Huntington Beach Park Site Inventory Improvement Cost Residential Park Development Impact Fee Calculation of Average Park Acre Construction Cost Park Size vera ogt per Ac re J ota ..o F Paric Pattinson Park 3.51 $223,441 $784,279 Farquhar Park 3.52 $223,441 $786,513 Hope View Park 3.61 $223,441 $806,623 Lark View Park 3.65 $223,441 $815,561 Seabridge Park 3.91 $223,441 $873,655 Harbour View Park 4.02 $223,441 $898,234 $902,703 Green Park 4.04 $223,441 $1,061,346 Lake Park 4.75 $223,441 Wieder Park 4.80 $223,441 $1,072,518 Terry Park 4.81 $223,441 $1,074,752 LeBard Park 4.99 $223,441 $1,114,972 Talbert Park 5.44 $223,441 $1,215,520 McCallen Park 5.84 $223,441 $1,304,897 Discovery Well Park 6.60 $223,441 $1,474,712 Gibbs Park 6.83 $223,441 $1,526,104 Wardlow Park 8.36 $223,441 $1,867,969 Marina Park 9.34 $223,441 $2,086,941 Meadowlark Golf Course 98.00 $223,441 $21,897,243 Carr Park 10.72 $289,296 $3,101,256 Irby Park 2.91 $289,296 $841,852 Gisler Park 11.67 $289,296 $3,376,088 Baca Park 14.35 $289,296 $4,151,402 Langenbeck Park 17.02 $289,296 $4,923,823 Bluff Top Park 19.66 $289,296 $5,687,565 Bartlett Park 2.00 $289,296 $578,593 Beach, City-leased 90.62 $289,296 $26,216,029 Beach, City-owned 60.20 $289,296 $17,415,636 Worthy Park 7.00 $394,884 $2,764,185 Greer park 10.44 $394,884 $4,122,584 Murdy Park 16.04 $394,884 $6,333,932 Edison Park 47.18 $394,884 $18,630,607 Huntington Central Park 253.24 $394,884 $100,000,314 Total $258,698,680 834.06 N..4., ' '' ''' .,:r'ie r Total Park Acres 834.06 Average Construction Cost/Acre $310,168 Community Input, Design, Engineering 115.00% Sub-total Park Construction Cost $356,693 Project Administation, Soils<Materials Testing, etc. 124.00% Sub-total Park Construction Cost $442,299 115.00% Contingency Total Park Construction Cost $508,644 102 Revenue & Cost Specialists, L.L.C. HB -431 - RIIlert Item 9. - 296 366 740 367 741 Schedule 8.3 City of Huntington Beach Development Impact Fee Calculation Report -rk Improvement Cost Estimates, by Type of Park :Unit.cOst;::10taIJOd:::: Fire Hydrant $4,950 Each Street Lights Standards $2,475 Each Duct work/wiring $1,568 Each Water Facilities 3" metered service $4,125 Each Backf low device $4,125 Each Line in street $19.80 Linear Foot Water fountains $1,155 Each Fountain lines in park $19.80 Linear Foot Benches/Tables Tables, cement pads $2,475 Each Individual grills $825 Each Benches, cement pads $908 Each Bleachers $5,775 Each Large Covered Picnic Area (lot) $123,750 Each Individual Covered Picnic Pad $24,750 Each User Electrical Service park $16,500 Each Electrical Service per Area $2,063 Each Game Courts lasketball Courts $66,000 Each Basketball Court Lighting $57,750 Each Fenced Tennis Courts $99,000 Each Tennis Court Lighting $57,750 Each Baseball Field - Competitive $82,500 Each Ballfield Lighting $412,500 Per two fields Baseball Field - Recreational $24,750 Each Pedestrian Walkway 5' Wide $22.28 Linear Foot 6' Wide $28.88 Linear Foot 9' Wide $37.13 Linear Foot Miscellaneous Fiatwork $6.20 Linear Foot Small Park Signage $4,538 Lot Large Park Signage $24,750 Lot Bike Rack/Pad $2,890 Each Natural Element Improvement (Lake, e $825,000 Each Small Concrete Stage $41,250 Each Small Ampitheater stage only, graded $82,500 Each Large Ampitheater with bowl $247,500 Each Total Cost Total Acres Average Cost per Acre 5Atit NOighborhpcid .:. 1 $4,950 3 $7,425 3 $4,704 1 $4,125 1 $4,125 1,320 $26,136 1 $1,155 200 $3,960 4 $9,900 2 $1,650 4 $3,632 0 $0 0 $0 1 $24,750 0 $0 1 $2,063 $0 1.0 $66,000 0 $0 0 $0 0 $0 0 $0 $0 1 $24,750 500 $11,140 100 $2,888 100 $3,713 500 $3,100 1 $4,538 0 $0 1 $2,890 0 $0 0 $0 0 $0 0 $0 1,117,206 - 5 intaggia $223,441 20Acre COrnrrilmj ' ' 6 $29,700 20 $49,500 12 $18,816 1 $4,125 1 $4,125 120 $2,376 8 $9,240 1,000 $19,800 60 $148,500 30 $24,750 30 $27,240 0 $0 2 $247,500 10 $247,500 1 $16,500 6 $12,378 $0 1 $66,000 0 $0 2 $198,000 0 $0 0 $0 0 $0 6 $148,500 2,000 $44,560 500 $14,440 500 $18,565 8,500 $52,700 0 $0 1 $24,750 6 $17,340 0 $0 0 $0 0 $0 1 $247,500 ,,,.,....:,..,.,,..,„ ,;::::::::::::::,::,::::0:ing: $4,339,444 15 , ,, $289,296 104 Fullerton, -- Item 9. -298 Revenue & Cost Specialists, L.L.C. HB -433 - 368 742 Schedule 8.3 City of Huntington Beach Development Impact Fee Calculation Report Park Improvement Cost Estimates, by Type of Park .. Unit Cost, Installed Pub Imps, Road/curb, gutter, etc. $200 Linear Foot Lg Pk Grading/Irrigation/Turf $37,500 Acre Sm Pk Grading/Irrigation/Turf $42,750 Acre Plant Material: Trees-5, 24 gallon box/acre $149 Each Trees-15, 15 gallon/acre $290 Each Shrubs-10, five gallon $30 Each Shrubs-30, one gallon $8 Each Play apparatus Curbing, 450' per large $41.30 Linear Foot Curbing, 225' per small $41.30 Linear Foot Play equipment - large $123,750 Lot Play equipment - medium $99,000 Lot Play equipment - small $67,500 Lot Sand/Other Surfacing $5,775 Lot Buildings: Restroom - Small $132,000 Each Restroom - Large $181,500 Each Equipment storage facility $99,000 Each Combined Restroom/Concession $297,000 Each Parking Lot 4" A.G. W/6 11 Rock base $8.30 Square foot V-gutter $13.20 Linear Foot Drain Inlet $990 Each Drain Inlet connector $330 Each Storm drain line $19.80 Linear Foot Drive approach $2,970 Each Perimeter curbing $16.50 Linear Foot Striping $0.50 Linear Foot Lighting $2,970 Each Lot signage $330 Lot Entrance $4,950 Lot Curb and Gutter $15.27 Linear Foot Storm Drainage Facilities Inlets $1,320 Each Connections $2,145 Each Lateral (to arterial) $82.50 Linear Foot Sewer Facilities Connection to arterial $4,125 Lot Line in street $107.30 Linear Foot Line in park $24.80 Linear Foot 2,704 $540,800 20 $750,000 0 $0 150 $22,350 50 $14,500 100 $3,000 300 $2,400 450 $18,585 225 $9,293 0 $0 1 $99,000 2 $135,000 3 $17,325 1 $132,000 1 $181,500 1 $99,000 2 $594,000 40,000 $332,000 800 $10,560 2 $1,980 2 $660 200 $3,960 4 $11,880 800 $13,200 1,300 $650 18 $53,460 a $990 3 $14,850 1,664 $25,409 4 $5,280 4 $8,580 80 $6,600 1 $4,125 80 $8,584 1,500 .$37,200 105 Item 9. - 299 -. Cost Specialists, L.L.C. HB -434 - Fullerton, CA 92831 369 743 - 20 .-Acre SpOrtp.:Patk 1 $4,950 20 $49,500 5 $7,840 1 $4,125 1 $4,125 120 $2,376 8 $9,240 1,000 $19,800 30 $74,250 10 $8,250 15 $13,620 8 $46,200 $0 4 $99,000 1 $16,500 4 $8,252 $0 3 $198,000 8 $462,000 8 $792,000 8 $462,000 8 $660,000 4 $1,650,000 0 $0 1,000 $22,280 250 $7,220 250 $9,283 4,000 $24,800 0 $0 1 $24,750 $17,340 0 $0 1 $41,250 0 $0 0 $0 $7 ,89 7,671 20.00 $394,884 Revenue & Cost Specialists, L.L.C. HB -435 - Fullerton, r" Item 9. - 300 Pt A. 11, A J Schedule 8.3 City of Huntington Beach Development Impact Fee Calculation Report r'qrk Improvement Cost Estimates, by Type of Park Unit. - st, Installed Fire Hydrant $4,950 Each Street Lights Standards $2,475 Each Duct work/wiring $1,568 Each Water Facilities 3" metered service $4,125 Each Backflow device $4,125 Each Line in street $19.80 Linear Foot Water fountains $1,156 Each Fountain lines in park $19.80 Linear Foot Benches/Tables Tables, cement pads $2,475 Each Individual grills $825 Each Benches, cement pads $908 Each Bleachers $5,775 Each Large Covered Picnic Area (lot) $123,750 Each Individual Covered Picnic Pad $24,750 Each User Electrical Service park $16,500 Each Electrical Service per Area $2,063 Each Game Courts 3asketball Courts $66,000 Each Basketball Court Lighting $57,750 Each Fenced Tennis Courts $99,000 Each Tennis Court Lighting $57,760 Each Baseball Field - Competitive $82,500 Each Ballfield Lighting $412,600 Per two fields Baseball Field - Recreational $24,750 Each Pedestrian Walkway 5' Wide $22.28 Linear Foot 6' Wide $28.88 Linear Foot 9' Wide $37.13 Linear Foot Miscellaneous Flatwork $6.20 Linear Foot Small Park Signage $4,538 Lot Large Park Signage $24,750 Lot Bike Rack/Pad $2,890 Each Natural Element Improvement (Lake, e $825,000 Each Small Concrete Stage $41,250 Each Small Ampitheater stage only, graded $82,500 Each Large Ampitheater with bowl $247,500 Each Total Cost Total Acres Average Cost per Acre 106 370 744 Schedule 8.4 City of Huntington Beach 2011-12 Development Impact Fee Calculation and Nexus Report Open Space Land Acquisition for Business Uses Land Acquisition Development Impact Fee Calculation Total City-owned Park/Open Space Acres Current City-wide Privately Developed Acres Current Open Space Standard per Developed Acre Acres/Developed Acre Standard Acquisition Cost per Acre Cost X Open Space Standard Open Space Land Value Adjusted Land Cost 778.4 10,271.8 0.0758 0.0758 $871,200 $66,037 25.00% $16,509.24 Commercial Lodging Keyed Units 36 $459 per Keyed Unit Resort Lodging Keyed Units 46 $359 per Keyed Unit Commercial Acres (in Square Feet) 17,300 $0.954 per Square Foot Industrial Uses (in Square Feet) 21,390 $0.772 per Square Foot 107 Item 9. - 301Dvenue & Cost Specialists, L.L.C. Fullerton, 92831 CA HB -436 - 371 745 APPENDIX A Expanded Land-use Database 108 HB -437- Item 9. - 302 372 746 DevelOpe City of Huntington Beach Total:.;-.Lanci•USepatabaee Acres # of units Acres of Units 40,365 I 41,415 2,8 1,749 6,731.00 38,616 295.00 Detached Dwelling Units (1) 6,436.0 5,307 1,916.60 36,108 111.20 1,805.4 Attached Dwelling Units 9 205.60 1.00 2,865 204.6 Mobile Home Dwelling Units (2) 818 52.00 1,888 18.60 1,070 Hotel/Motel Lodging Units 33.4 1,344 29.50 535 9.30 20.2 809 Resort Lodging Units 39.80 2,417,000 881.70 15,253,000 841.9 12,836,000 Commercial/Office Uses 930.3 20,261,000 187.00 3,638,000 1,117.30 23,899,000 Industrial/Manufacturing Uses 10,933.70 661.90 Total - City Limits 10,271.8 84,654 7,065 8,853.2 8,446.0 77,589 407.2 Pnvate Residences 81.5 3,232 1,353 27.9 1,879 Commercial Lodging Rooms 53.6 1,772.2 33,097,000 226.8 6,055,000 1,999.0 39,152,000 Business Square Feet .-Develpped. To Be Develo ikoivs of Units Acres # of Uni Existing Community as urreentlDeVeioged ores 183 6,470.00 38,799 34.0 6,436.0 38,616 Detached Dwelling Units (1) 36,267 159 1,820.40 15.0 Attached Dwelling Units 1,805.4 36,108 9 205.60 2,874 1.0 Mobile Home Dwelling Units (2) 2,865 204.6 1,070 0 33.40 0.0 1,070 Hotel/Motel Lodging Units 33.4 300 23.60 1,109 3.4 Resort Lodging Units 809 20.2 69,200 846.40 12,905,200 4.5 841.9 12,836,000 Commercial/Office Uses 958,320 974.30 21,219,320 44.0 930.3 20,261,000 Industrial/Manufacturing Uses 10,373.70 101.90 Existing Community 10,271.8 interisffiect/RecteveloPed Additional Units from -....Intensification of Existing Uses.: Developed Acres Acres • *of Units:. # of Units 1,566 261.00 261.0 1,566 Detached Dwelling Units (1) 0 0.0 0.00 0 0 0.0 Attached Dwelling Units 0 0.0 0 0.00 0 Mobile Home Dwelling Units (2) 0.0 0 0.0 468 14.60 14.6 468 Hotel/Motel Lodging Units 0 0.0 0.00 0 0 0.0 Resort Lodging Units 0 0.0 106.2 2,313,817 106.20 2,313,817 Commercial/Office Uses 0.0 0 0 143.0 2,679,680 143.00 2,679,680 Industrial/Manufacturing Uses 0.0 524.80 524.80 Redeveloped 0.0 ilfitensifietilRe tleVelOi* SpedificPlan.A . . each and ,Edinger Developed Acres # of Units Acres Units !fl 0 0 0.00 Detached Dwelling Units (1) 0.0 0 0.0 4,500 80.00 Attached Dwelling Units 80.0 4,500 0.0 0 0.00 Mobile Home Dwelling Units (2) 0 0.0 0.0 0 4.0 350 4.00 Hotel/Motel Lodging Units 0 0.0 350 0.00 0 Resort Lodging Units 0.0 0 0.0 0 37.0 850,400 37.00 109850, Commercial/Office Uses 0 0.0 0 0.0 0.00 Industrial/Manufacturing Uses 0.0 0 121.00 121.00 Sub-total Specific Plan A 0.0 Item 9. -303 HB -438- 373 747 eveloped ores # Of Units 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0.0 0 0.0 Devel'oped . #...pf. Volts 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0.0 0 35.20 Intensified/Redeveloped 0.00 0 35.20 ores Units flu 0.0 0.0 0.0 0 . 0 0.0 0 0 0 0 0.00 0.00 0.00 0.00 0.00 0 0 0 0 0 (121.0) (1,215,000) (121.00) (1,215,000) 0.0 0 0.00 0 (121.00) (121.00) IritiftiSifted/Redevdid tita 0.0 0 0.00 0 16.2 648 16.20 648 0.0 0 0.00 0 0.0 0 0.00 0 5.9 235 5.90 235 13.1 398,583 13.10 398,583 Downtown Detached Dwelling Units (1) ached Dwelling Units Mobile Home Dwelling Units (2) Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Uses Sub-total Specific Plan B Detached Dwelling Units (1) Attached Dwelling Units Mobile Home Dwelling Units (2) Hotel/Motel Lodging Units Resort Lodging Units Commercial/Office Uses Industrial/Manufacturing Uses Sub-total Specific Plan A TES: j. Only 34 of the 295 acres are vacant lots. The remaining 261 acres represents acres for the addition of 1,666 detached dwelling units In areas already developed such as a lot split of a larger parcel parcel with an existing detached dwelling units. (2). The inclusion of one acre of Mobile (or modular) Home Dwelling Units (in parks) is to establish such a fee and does not imply that that the City anticipates such a private proposal. (3). The 35.2 acres is not intended to suggest there Is 35.2 acres of vacant acres in the downtown area. The 35.2 acres is the result of anticipating 648 additional units at roughly 40 units per acre. 110 110 Item 9. - 304 HB -439- Item 9. - 304 HB -439- 374 748 375 749 SUMMARY OF DEVELOPMENT IMPACT FEE SCHEDULE RECOMMENDATIONS Chapter 3 - Law Enforcement Facilities and Equipment • Adopt Schedule 3.2, page 38, General Plan Build-out Need-based Development Impact Fees. Chapter 4 - Fire Facilities, Vehicles and Equipment • Adopt Schedule 4.3, page 53, Community Financial Commitment-based Development Impact Fees. Chapter 5 - Circulation (Streets, Signals and Bridges) System • Adopt Schedule 5.2, page 68, General Plan Build-out Need-based Development Impact Fees along with the per Trip-mile rate for application to Table 5-4 (page 64) or for staff calculation per the Table on the bottom of Schedule 5.2. Chapter 6 - Storm Drainage Collection System • Adopt Schedule 6.2, page 80, General Plan Build-out Need-based Development Impact Fees for the seven specific land uses and the "per acre" cost for unusual uses not involving a structure. Chapter 7- Public Library and Collection • Adopt Schedule 7.1, page 88. • Formalize a General Plan square foot and collection item per resident standard. Chapter 8 - Park (and Open Space) Land Acquisition and Park Land Development • Create Quimby Act Park Land Acquisition and Development Impact Fee Fund, Note (1). • Adopt Schedule 8.1, pages 99-100, for residential uses requiring the subdivision of land for Quimby Act application. • Create AB1600 Mitigation Fee Act Park Land Acquisition and Development Impact Fee Fund, Note (1) • Adopt Schedule 8.1 pages 99-100, for residential uses not requiring the subdivision of land for AB1600 application. • Adopt Schedule 8.4 Mitigation Fee Act Open Space Development Impact Fees, page 107, for application to the development of business uses. • Adopt alternative process for residential developments with significantly varying land values from the standard or default calculation embodied in Schedule 8.1 and 8.4. (1). Separate Park Land Acquisition and Development Funds are necessary because the Quimby Act allows use of receipts for rehabilitation of existing facilities whereas theAB1600 requirements prevent such expenditures. 112 HB -441- Item 9. -306 376 750 APPENDIX C Master Facilities Plan (See Separate Document) 113 HB -442- 377 751 End of Document HB -443- Item 9. -308 378 752 HUNTINGTON BEACH Chamber of Commerce March 16, 2012 Mayor Don Hansen & Members of City Council City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Dear Mr. Mayor& Council Members: On behalf of our members and in the interest of promoting greater economic growth in the City of Huntington Beach, the Chamber of Commerce wishes to weigh in on the proposed park, fire, and police impact fee increases that staff is scheduled to present to Council on April 2, 2012. It is our position that the budding economic growth the city is experiencing is fragile and must be encouraged if it is to flourish. We supported the Beach and Edinger Corridors Specific Plan adoption and are excited to see it taking shape. To that end, a large and unexpected fee increase is something that may slow and potentially even stall the redevelopment that staff and council envisioned and desired in the first place. This is something we want to avoid. First, it is our understanding that the proposed impact fee increases are quite large. We recommend that the nexus study be thoroughly reviewed to make sure that whatever fee amounts are ultimately presented to council be as accurate and as low as possible so our city remains an attractive place for development. A large fee increase could prove to be an onerous burden for projects in the planning stages and can negatively affect land valuations on all potential apartment sites throughout the city. As a Chamber we want the investment of hundreds of millions of dollars to be made here in Huntington Beach, bringing high quality development to our community. Second, we recommend that the city be fair in providing a reasonable period and perhaps a phasing in of any fee increases. We feel that landowners and developers alike should be given ample notice to allow them time to adjust and prepare for the "impact" of the increased fees. We ask that grandfathering provisions be broad so that projects that have financial commitments may continue unaffected. We would likewise recommend that allowances be made for projects that have had financing delays, environmental delays, or other delays which are beyond the developer's control. Any tax or fee increase should be broadcast loud and clear months ahead of time so stakeholders aren't taken by surprise. A stakeholder meeting 3 weeks prior to council hearing is an extremely compressed time frame given the magnitude of the proposed increase. Finally, we want to stress that these developments are going to bring diverse and energetic growth to the city. These residential units will be filled with students, young professionals, empty nesters, and families. They will serve as workforce housing and provide for the sensible and smart growth our local economy needs in order to thrive and stay competitive. These are consumers who will support our existing businesses and patronize the new commercial and retail being proposed, developed, and constructed today. Please do not hastily implement a massive new fee increase without fully considering the necessity, appropriateness, timeliness, and economic consequences. We would highly recommend that a presentation to Council be delayed until such time as the developer community has time to work with staff to resolve the above concerns. Sincerely, Jerry L. Wheeler, Sr. IOM President/CEO 2134 Main Street, Huntington Beach, CA 92648 P: (714) 536-8888 F: (714) 960-7654 379 753 ?tz/366/7' NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 7, 2012, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following : ADOPTION OF DEVELOPMENT IMPACT FEES RESOLUTION AND ADOPTION OF ORDINANCES ESTABLISHING CHAPTERS OF THE HUNTINGTON BEACH MUNICIPAL CODE (HBMC) REGARDING DEVELOPMENT IMPACT FEES (Traffic, Drainage, Library, Law Enforcement, Fire Suppression, Meeting Facilities, Parkland and General Provisions): The City Council will consider the adoption of a fee resolution modifying the Fair Share Traffic Impact fee (HBMC 17.65), the Drainage fee (HBMC 17.78), the Library Development fee (HBMC 17.67) and the adoption of the nexus report and a comprehensive Master Facilities Plan. In addition, the City Council will consider the adoption of ordinances establishing HBMC chapters; Library Development Fee (HBMC 17.67), General Provisions for Development Impact Fees (HBMC 17.73), Fire Suppression Facilities Fee (HBMC 17.74), Law Enforcement Facilities Fee (HBMC 17.75), Park Land/Open Space Acquisition Impact Fee (HBMC 17.76), Public Meeting Facilities Fee (HBMC 17.77), and Drainage (HBMC 17.78). The proposed ordinances will repeal existing HBMC Chapters 14.48 (Drainage) and 17.66 (Library Development Fee). The proposed revisions to the existing fees and establishment of new fees are supported by the Development Impact Fee Calculation and Nexus Report prepared by Revenue & Cost Specialist, L.L.C. dated October 2011. The nexus report includes a comprehensive Master Facilities Plan of capital needs and acquisitions based upon the growth anticipated under the City's adopted General Plan. ON FILE: A copy of the proposed request and supporting materials is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, May 3, 2012. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"c l Floor Huntington Beach, California 92648 714-536-5227 http://huntinqtonbeachca.00v/HBPublicComments/ 380 754 •=7,1`,„1 .Prtnted by: 0602 patricia Gamlno Salesperson: Apr 19,,2012. 11:32 am. Ad #34959143 cc4UP.., Phbrie #: (714) 536-5227 Name: City Of Huntington Beach (Parent) Address:, PO Box 784 ' Huntington Beac, CA 92648 CC City Of Huntington Beach-Clerk's 0 Patty Esparza (714) 374-1557 CU00070479 Siart date Stop date Inaertidili 2 . Pete ;00001, &Legal Huntington Beach Taken by 0602 Patricia Gamino Class:, 13000 - Legal Notices Pubs'; TCN HBI 04-26-12 05-03-12 tintormatiolf rnt Due:: Hät:AñioUht Ouè Isü changfi -dUe to' dig604.05; noiisloa4,-pr athstchctioces $ 213.50 $ 213.50 6213.50 Ad Copy: Nona OF PUBLIC HEARING .BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 7, 2012, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following : ADOPTION OF DEVEL- OPMENT IMPACT FEES RESOLUTION AND ADOPTION OF ORDI- NANCES ESTABLISHING CHAPTERS OF THE HUNTINGTON BEACH MUNICIPAL CODE (HBMC) REGARDING DEVELOPMENT IMPACT FEES (Traffic, Drainage, Library, Law Enforce- ment, Fire Suppression, Meeting Facilities, Parkland( and General Provisions); The City Council will consider the adoption of a fee reso- lution modifying the Fair Share Traffic Impact fee (HBMC 17.65), the Drainage fee (HBMC 17.78), the Library Development fee (HBMC 17.67) and the adoption of the nexus report and a comprehensive Master Facilities Plan. In addi- tion, the city Council will consider the adoption of ordinances establishing HBMC chapters; Library Development Fee (HBMC 17.67), General Provi- sions for Development Impact Fees (HBAAC 17.73), Fire Suppression Facilities Fee (HESIV1C 17.74), Law Enforce- ment Facilities Fee (HBMC 17.75), Park Land/Open Space Ac- quisition Impact Fee (HBMC 17.76), Public Meeting Facilities Fee -- ad proof pg. 1 --- 381 755 Printed by: 9602 Patricia GamInc: Salesperson: Phone: Apr 19,2012, 11:32am Ad #34959143 (HBMC 17.77), and Drainage (HBMC 17.78). The proposed ordinances will repeal existing HBMC Chapters 14.48 (Drainage) and 17.66 (Library Development Fee). The proposed revisions to the existing fees and establishment of new fees are sup- ported by the Develop- ment Impact Fee Cal- culation and Nexus Report prepared by Revenue & Cost Spe- cialist, L.L.C. dated October 2011. The nexus report includes a com- prehensive Master Fa- cilities Plan of capital needs and acquisitions based upon the growth anticipated under the City's adopted General Plan. ON FILE: A copy of the proposed request and supporting materials is on file in the Planning and Building Depart- ment, 2000 Main Street, Huntington Beach, Cali- fornia 92648, for in- spection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, May 3, 2012. ALL INTERESTED PER- SONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence deliv- ered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, Cali- fornia 92648 714-536-5227 http://huntingtonbeach ca.gov/HBPublicComme n H.B. Indepen- dent April 26, 2012 --- ad proof pg. 2 --- 382 756 DCO Beach Walk LLC 1745 Shea Center Drive, Suite 200 Highlands Ranch, CO 80129 Jim Ivory Sares-Regis Group 18825 Bardeen Avenue Irvine, CA 92612 091.8/091-5 ® AA/1V 09AE olopedwoo wiu zg x ww glculloi. op olleribq 092/09 AIGAV wim oicipEdwoo „9/9 z x His 'aqui Pat Helgeson Province Group 1601 Dove Street, Suite 250 Newport Beach, CA 92660 Jerry Moffatt Rainbow Environmental Services 17121 Nichols Street Huntington Beach, CA 92647 Brian Starr Building Industry Assoc. of So. Calif. 17744 Sky Park Circle, Suite 170 Irvine, CA 92614 Josie McKinley , Poseidon Resources 17011 Beach Blvd, #900 Huntington Beach, CA 92647 Dave Stefanides Orange County Assoc. of Realtors 25552 La Paz Road Laguna Hills, CA 92553 Jerry Wheeler HB Chamber of Commerce 2134 Main Street, Suite 100 Huntington Beach, CA 92648 President Huntington Beach Tomorrow PO Box 865 Huntington Beach, CA 92648 Ben Brosseau Consulting, Inc. David J. Nagel Thomas E. Schiff 15149 Camarillo Street Decron Properties , Decron Properties Sherman Oaks, CA 91403 6222 Wilshire Blvd., Suite 400 6222 Wilshire Blvd., Suite 400 Los Angeles, CA 90048 Los Angeles, CA 90048 Ryan Mordahl Global Premier Development, Inc. 2010 Main Street, Suite 1250 Irvine, CA 92614 Thomas G. Grable Tri Point Homes, LLC 20201 SW Birch St., Suite 100 Newport Beach, CA 92660 Jeff Bergsma Team Design 221 Main Street, Suite S Huntington Beach, CA 92648 Janette T. Ditkowsky Freeway Industrial Park 2032 La Colina Drive Santa Ana, CA 92705 Becky Sullivan DJM Development Partners 922 Laguna Street Santa Barbara, CA 93101 Morrie Golcheh Progressive Real Estate 10537 Santa Monica Blvd, Suite 350 Los Angeles, CA 90025 Jeff Rulon Christopher Homes 19 Corporate Plaza Drive Newport Beach, CA 92660 Robert Reid 7572 Warner Avenue Huntington Beach, CA 92647 Huntington beach No. 1 2716 Ocean Park Blvd., Suite 3040 Santa Monica, CA 90405 Mark Faulkner Grey Star Development 2139 Meriweather Court Walnut Creek, CA 9496 Steve Sheldon Sheldon Group Consulting 901 Dove Street, Suite 140 Newport Beach, CA 92660 Raymond Dorame Master Craft Homes Group 1401 Quail Street, Suite 100 Newport Beach, CA 92660 Michael Adams Michael Adams Associates 21190 Beach Boulevard Huntington Beach, CA 92648 Chaim Elkoby Crescent Heights 2200 Biscayne Blvd. Miami, FL 33137 Alex Wong Red Oak Investments 2101 Business Center Drive, Suite 230 Irvine, CA 92612 Sarah Klaustermeier Bijan Sassounian John Trommald Archstone Beach Promenade Bayview HB, LLC 3 MacArthur Place, Suite 600 21190 Beach Boulevard 13912 Seal Beach Boulevard Santa Ana, CA 92707 Huntington Beach, CA 92648 Seal Beach, CA, 90740 gt Mhz__ , label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiouette de format 25 mm x 67 mm comoatible avec Avery ®5160/8160 383 757 091-8/091.90 AJonv oaa alupdwoo ww zg x ww g awol op allenbil] 091-8/091.9 ® Alonv,glim elqpdwoo „g/g x „ oz!sjoriPI Joe Diachendt 300 Pacific Coast Highway, #119 Huntington Beach, CA 92648 Todd Schmieder 701 N. Parkcenter Drive Santa Ana, CA 92705 Milad Queijan 8031 Main Street, Unit B Stanton, CA 96680 Martin Potts MPA, Inc. 4041 MacArthur Boulevard, Suite 375 Newport Beach, CA 92660 Shawn Millbern 8951 Research Drive Irvine, CA 92618 David Oddo 815 Main Street Huntington Beach, CA 92648 Rick Polhamus Rick Hill 19802 Sea Canyon Circle Urban Infill Properties, Inc. Huntington Beach, CA 92648 345 University Drive, Suite E-3 Costa Mesa, CA 92627 John Vander Velde Holly Fred ensburg Shea Homes 16072 Gothard St 1250 Corona Pointe Ct., Suite 600 Huntington Beach, CA 92647 Corona, CA 92879 Dave Oddo 815 Main Street Huntington Beach, CA 92648 Bruce Roeland 1720 Pacific Coast Highway #201 Huntington Beach, CA 92648 Maddox Const Maddox Const 14736 Beach Blvd Westminster, CA 92683 'Robert Corona 2204 Pacific Coast Highway Huntington Beach, CA 92648 Scott Goodman Goodman Development 17032 Palmdale Lane Huntington Beach, CA 92647 D'Ambra D'Ambra Inc. 7752 Warner Ave Huntington Beach, CA 92647 Van Herk 3194 Haiti Circle Costa Mesa, CA 92626 Myles Const 9569 Albacore Ave Huntington Beach, CA 92648 Kevin Kelter 1616 Pacific Coast Highway Huntington Beach, CA 92648 Bob Reed , Marty Sunday Johnson Bros RW Reed 16402 Gothard St #B 730 14th Street 419 Main Street #289 Huntington Beach, CA,92647 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Bill Teffon 2233 Ca lie Leon West Covina, CA 91792 Dick Harlow 1742 Main Street Huntington Beach, CA 92648 RJ Murphy 6781 Defiance Drive Huntington Beach, CA 92647 label size 1" x 2 5/8" compatible with Avery 6 5160/8160 Etimiette CiP, format 25 mm x 67 mm compatible avec Avery 65160/8160 384 758 Development Impact Fee Study and Nexus Report City Council Meeting Monday, May 7, 2012 Background • This process began in 2009 as a result of various presentations to City Council regarding the increasing need for Capital Improvements to respond to development in Huntington Beach. • Staff was given direction to identify funding sources to move Heil Fire Station, address other public safety needs and make park improvements to accommodate projected development. • There were numerous complaints by developers regarding perceived excessive park fees for Condos and Single Family Homes. • This report prepared by Revenue & Cost Specialists addresses those issues. SUPPLEMENTAI COMMUNICATION Meeting Date: I-Ch Agenda Item No. 1 385 759 Chronology Background • Development Impact fees are one-time charges applied to offset additional public-service costs of new development • The amount of the proposed fee must be clearly linked to the added service cost (required by the Mitigation Fee Act): • Need demonstrated by Master Facilities Plan (October 2011, amended April 2012) • Nexus established by Development Impact Fee Calculation and Nexus Report (October 2011, amended April 2012) • Received October 2011 report - November 2011 • Distributed reports to Council — December 2011 • Initial meeting with BIA and Chamber of Commerce — December 2011 • Study Session —January 17, 2012 • Notice on City counters, posted reports to website, mailed notices to stakeholders — February 2012 • Stakeholder meeting with Developers — March 13, 2012 • Chamber of Commerce Legislative Committee — March 28, 2012 • Follow up meetings, letters to stakeholders — March and April 2012 • Public hearing notice distributed — April 19, 2012 • Received April 2012 revised report—April 27, 2012 • Agendized for Council Meeting May 7, 2012 2 386 760 Report Content The Development Impact Fee Report contemplates 2 new fees: • Police • Fire • Update of existing fees: • Traffic • Library • Park Land/Open Space • Fees collected under the Subdivision Map Act will be addressed separately at a later date: • Quimby (Park Land/Open Space with Tract Map) • Storm Drainage Amended Report • April 27, 2012: Nexus report (October 2011) amended to consolidate Park Land Open Space Fee (Chapter 8) and Public Meeting Facilities Fee (Chapter 9) • Due to additional costs associated with the accounting, collection and state mandated tracking • Additionally, a calculation error in the Master Facilities Plan was corrected on pages 1-3, 57, 58, 71, and 78 3 387 761 388 762 389 763 390 764 Development Impact Fees (Effective 7/20/2014) Circulation System Park Land/ Open Space Land Use Law Fire Enforcement Suppression Facilities* Facilities* (Streets, Signals, Bridges)* Public Library Facilities & Facilities (No Tract Map)* Detached Dwelling Units (per Unit)$356 $830 $2,226 $1,172 $16,071 Attached Dwelling Units (per Unit)$734 $344 $1,563 $908 $12,452 Mobile Home Dwelling Units (per Unit)$332 $1,425 $1,165 $733 $10,052 Hotel/Motel Lodging Units (per Unit)$455 $356 $1,062 No Fee $459 Resort Lodging Units (per Unit)$532 $794 $1,538 No Fee $359 Commercial/Office Uses (per sq. ft.)$1.041 $0.329 $4.175 No Fee $0.954 Industrial/Manufacturing Uses (per sq. ft.)$0443 $0.030 $1.789 No Fee $0.772 *Represents 90% of recommended residential land use fee set forth in the Development Impact Fee Calculation and Nexus Report, October 2011 (Amended April 27, 2012) X : n 9"t\L -, ILand Use Adjusted Trip Ends Average Distance Trip-end to Trip Additional Trip Miles Cost per Trip Mile Cost per 1000 sq. ft, dwelling unit or other unit E IDENTIAL'LAND USES r unto Detached Dwelling Unit 976 79 0.5 346$6434 /Uni oartment 6 1 79 05 24 $ 64 34 $ 1 583 46 /Unit ndominium/ ownhouse ase 7.9 0.5 21 2 $ 6434 1364.01 /Unit obile Home Dwelling 4.57 79 0.5 181 5 64.34 $ 1,164.55 lUSt SORT/TOURIST (per or Enby Hotel 529 76 as 239$ 6434 $ 1,537.73 /Room Su es Hotel 377 7 6 0.5 143$ 6434 920.06 /Room otel 434 05 16586434 $ 1,061.81 /Room NDUSTRIAL ( per.1,000 SF) eneral Light ndustnal 6.17 9.0 0.5 270$ 64.39 $ 1,788.65 1/1 ,09261 Heavy InduMria 597 9,0 as 26.9 64 $ 1,730 75 /1,000 sf enoftoturrng 273 90 05 12 3 $ 64.34 5 791.38 /1,000 sf arehou mg 439 9.0 as 1 9886434 $ 1,273.93 / ,000 sf • ERCIAL ( 1,000 SF): • ce Perk 7.42 8.8 0.5 32.6$ 64.34 $ 2,097.46 sf/1.00061 esearch Port,501 6.8 05 22.0$ 64.34 1,415.48 /1,000 of Boolneno Park 934 8.5 05 41 6434 /1500 of Bldg Materials/Lumber tore 2935 4.3 as 63.1 $ 6434 $ 4,059.85 /1,00061 rden Center 23.40 43 0.5 50 $ 64 $ 3,242.74 /1 000 sf ov e Theater 2.47 43 as 5.3$ 84.34 34 .00 /1,000 of harOh 592 43 0.5 12.7 $ 8434 $ 8 7 12 1,000 of edicatOental Office 22.21 8.8 05 97.7$ 64.34 $ 8,286.02 ,000 of Buildi emung is! 0 ce 7.16 8.8 05 31.5 $ 84.34 $ 2.026.71 /1,00006 hopping Center 30.2 4.3 5.5 64.9 $ 64.34 $ 4,17567 /1,000 sf Hospital 1142 43 0.5 24.6 $ 64.34 $ 1,582.78 lt.000 Of Discount Center 62.93 4.3 0.5 130.3$ 64.34 $ 8.705.20 /1500 of Hig&Tumover Restaurant 8.9 43 0.5 19.1 $ 69.34 $ 1,22869 /1,000 of onvenience Ma et 43.57 43 937564.34 $ 6,028.86 1 ,000 effi,o Park 97 43 05 30 0 $ 64,34 $ 1,93020 /1,000 of • ER (as noted) rnetery 307 43 6.6$ 6434 42464 /A ervice Station/Market avtg 107.65 4.3 55 231.5$ 6434 $ 14,894.71 pil'!,on ervi. Station w/Car sh 99.35 43 0.5 2136 9 6434 $ 13,743.02 /Fuel.Position 7 391 765 392 766 393 767 394 768 395 769 Project # 1 200 Unit Apartment Complex Current: City of 70% Huntington RCS Nexus Report: (effective Beach (100%) 7/20/2012) 80% (effective 7/20/2013) 90% (effective 7/20/2014) Law Enforcement Facilities No Fee $ 163,000 $ 114,200 $ 130,400 $ 146,800 Fire Suppression Facilities No Fee $ 76,400 $ 53,400 $ 61,200 $ 68,800 Circulation System (Streets, Signals, Bridges)$ 211,600 $ 331,400 $ 244,070 $ 278,916 $ 312,692 Public Library Facilities $ 81,840 $ 181,600 $ 181,600 $ 181,600 $ 181,600 Park Land/ Open Space Acquisition & Improvements $ 159,960 $ 2,767,000 $ 1,937,000 $ 2,213,600 $ 2,490,400 Development Impact Fee Total-Project*$ 453,400 $ 3,519,400 $ 2,530,270 $ 2,865,716 $ 3,200,292 *Total does not include Storm Drainage Impact fee which developer may be subject to Project # 2 50 Single Family Detached Current: City of 70% Huntington RCS Nexus Report (effective Beach (100%) 7/20/2012) Law Enforcement Facilities No Fee $ 19,800 $ 13,860 Fire Suppression Facilities No Fee $ 46,100 $ 32,270 Circulation System (Streets, Signals, Bridges)$ 75,350 $ 124,100 $ 86,850 Public Library Facilities $ 70,800 $ 58,600 $ 58,600 Park Land/ Open Space Acquisition & Improvements $ 1,340,000 $ 892,850 $ 625,000 Development Impact Fee Total-Project $ 1,486,150 $ 1,141,450 $ 816,580 *Total does not include Storm Drainage Impact fee which developer may be subject to 80% 90% (effective (effective 7/20/2013) 7/20/2014) $ 15,850 '$ 17,800 $ 36,900 $ 41,500 $ 99,300 $ 111,300 $ 58,600 $ 58,600 $ 714,300 $ 803,550 $ 924,950 $ 1,032,750 12 396 770 Project # 3 150 Room Hotel (200,000 SF) Current: City of Proposed: City of Huntington Huntington Beach Beach (100%) Law Enforcement Facilities No Fee Fire Suppression Facilities No Fee Circulation System (Streets, Signals, Bridges) $ 111,900 Public Library Facilities $ 8,000 Park Land/ Open Space Acquisition & Improvements $ 46,000 Development Impact Fee Total-Project $ 165,900 $ 68,250 $ 53,400 $ 159,300 No Fee $ 68,850 $ 349,800 Project # 4 40,000 SF Commercial (Shopping Center) Current: City of Proposed: City of Huntington Huntington Beach Beach (100%) Law Enforcement Facilities No Fee $ 41,640 Fire Suppression Facilities No Fee $ 13,160 Circulation System (Streets, Signals, Bridges) $ 207,760 $ 167,000 Public Library Facilities $ 1,600 No Fee Park Land/ Open Space Acquisition & Improvements $ 9,200 $38,160 Development Impact Fee Total-Project $ 218,560 $259,960 *Total does not include Storm Drainage Impact fee which developer may be subject to *Total does not include Storm Drainage Impact fee which developer may be subject to 13 397 771 Summary Staff is recommending approval of the proposed resolution and ordinances based upon the following reasons: • The phased-in residential per unit fee established herein allows developers to easily calculate development impact fees • The fees established herein meet the City's changing requirement for public safety, streets and signals, and other quality of life facilities • Allows for payment of Development Impact Fees at the time the impact is imposed on the system, therefore later in the development process. 14 398 772 399 773 400 774 CITY OF HUNTINGTON BEACH CITY MANAGER'S OFFICE 2000 Main Street, Huntington Beach, CA 92648 BOB HALL, DEPUTY CITY MANAGER TO: Honorable Mayor and City Council FROM: Bob Hall, Deputy City Manager CC: Fred Wilson, City Manager Joan Flynn, City Clerk DATE: May 7, 2012 SUBJECT: Supplemental Communication: #9 Public Hearing regarding Development Impact Fees Staff is recommending the following amendment to Resolution 2012-23: This change would allow for a project having received discretionary approvals to be grandfathered under the current fee structure. The staff report calls for that date to be May 7, 2012. Staff is recommending this date be changed to June 4, 2012. Attached is a copy of the revised page (pg. 3) of the Fee Resolution located under Attachment #1 of the Development Fee Impact Agenda Item. This can also be found on page HB-147 of your agenda packet. Current language: "Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before May 7, 2012, and the following milestones are met..." Proposed language: "Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before June 4, 2012, and the following milestones are met..." SUPPLEMENTAL COMMUNICATION Meeting Date: ..117 //47 Agenda Item No. 401 775 12-3209.006/79289 3 Resolution No. 2012-23 4. Consistency with General Plan. The City Council finds that the public facilities equipment and park land acquisition and fee methodology identified in the respective ordinances and Nexus Report are consistent with the City's General Plan and, in particular, those polieie that require new development to mitigate its share of the impacts to City infrastructure and4 be fiscally neutral. 5. Differentiation among Public Facilities. The City Council findythat the public facilities identified in the Nexus Report and funded through the collection of development impact fees recommended in the Nexus Report are separate and distinct from those public facilities funded through other fees presently imposed and collected byfthe City. To the extent that other fees imposed and collected by the City, including Specific/Plan fees, are used to fund the construction of the same public facilities identified in the resp /ective ordinances and Nexus Report, then such other fees shall be a credit against the applicable development impact fees. Notwithstanding the above provision, this resolution shall not/be deemed to affect the imposition or collection of the water and sewer connection fees authorized by the Huntington Beach Municipal Code. 6. CEQA Finding. The adoption of/the Nexus Report and the increase in development impact fees are not subject to the/California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(3) (4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is no/defined as a "project" under CEQA. 7. Adoption of Report. T,he Nexus Report as amended April 27, 2012, including Appendices, is hereby adopted. 8. Fee Imposed. Theinew Development Impact Fees set by this resolution shall not apply to projects that have received discretionary project entitlement approval on or before May 7, 2012 and the following milestones are met: 1. Project has/Submitted an approved application for building permits within 180 days aftethe fee going into effect or no later than January 20, 2013. 2. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 3. Building Permits are issued within 360 days after the fees go into effect, no later than July 20, 2013. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 180 days to make building permit application will begin when the/developer receives clearance from that agency. The City Manager shall have the authority' to extend milestone dates for qualifying "grandfathered" projects in his sole discretion. All ot/her projects are subject to the new fees, which go into effect July 20, 2012. All existing Dev/elopment Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 402 776 403 777 May 4, 2012 Mayor Don Hansen and Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Meeting Date: Agenda Item No. Re: Public Hearing Agenda Item 9— Development Impact Fee Revisions Mayor Don Hansen and Members of the City Council: I am writing on behalf of the members of the Building Industry Association of Southern California, Orange County Chapter (BIA/OC) to address the proposed revisions to the City's development impact fees. As a key stakeholder on issues related to housing and community development, BIA/OC has been closely engaged on this issue. Our members appreciate the opportunity to offer our perspectives to the proposals being considered by your city council. We begin by acknowledging the hard work of the City's fine professional staff. BIA/OC is grateful for transparent and thoughtful manner in which staff has approached this issue. Our members are especially appreciative of the time and consideration city staff has afforded our comments and concerns. The end result, while not a panacea, allows more flexibility in implementation of the new fee structure. Certainly a fee increase of this magnitude is troubling to the building industry. The potential harm to our industry is exacerbated by the prolonged malaise of housing in this harsh economic climate. Certainly government is not immune to the economic challenges we all face. The health of the private sector, especially the building industry, has a direct correlation to the fiscal health of governments. For this reason, all levels of government are looking for ways to encourage growth. Dozens of local governments have slashed development fees and regulation in an attempt to spark recovery. The timing of this particular fee increase seems to illustrate a notable disconnect between how the public sector and private sector view our economic relationship. Aside from the philosophical and economic issues associated with this fee increase, BIA/OC has identified a number of errors and inconsistencies in the associated nexus study. As a result, BIA/OC has engaged staff in an attempt to find a middle ground on the timing and implementation of the fees. Thankfully, staff has been open to many of our members' Orange County Chapter Building Industry Association of Southern Ca Hernia 17744 Sky Park Circle Suite 170 Irvine, California 92614 949.553.9500 fax 949.553.9507 www.biaoc.com www.newhomesmatch.coni Your industry's comprehensive online 11 1 to new homes PRESIDENT BILL WATT BAYWOOD DEVELOPMENT VICE PRESIDENT MICHAEL MoCANN CALMAR DEVELOPMENT VICE PRESIDENT CHRIS HAINES PULTE GROUP TREASURER / SECRETARY DAVE BULLOCH STANDARD PACIFIC HOMES IMMEDIATE PAST PRES1IDENT DAVE BARTLETT BROOKFIELD HOMES TRADE CON1RACTOR COUNCIL VP. TOM RHODES TWF1 ENTERPRISES ASSOCIATE VICE PRESIDENT MARK HIMMELSTE1N NEWMEYER & DILLION, LLP MEMBER-AT-LARGE RICHARD DOUGLASS RYLAND HOMES MEMBER-AT-LARGE MIKE WINTER SARES-REGIS GROUP BRYAN STARR CHIEF EXECUTIVE OFFICER 404 778 ideas. While we acknowledge that the City's exposure caused by the nexus study may not be fully mitigated by our collaboration, BIA/OC feels that the current staff proposal reflects a good degree of compromise. BIA/OC supports the staff proposal to "grandfather" projects in the development pipeline. We are also very supportive of the plan to phase in development impact fees over a number of years. While we remain concerned about the pressure that development fee increases place on our industry, we are also grateful for the collaboration efforts of city staff. We look forward to continued dialogue on this important issue and remain a resource to the city on matters related to housing and community development. Thank you for your thoughtful consideration. Sincerely, 71 Bry. tarr Chief Executive Officer Cc: Fred Wilson, City Manager Bob Hall, Assistant City Manager 405 779 MAY 07 BIZ Huntington Beech CITY COUNCIL OFFICE (VI r( 3 ORANGE COUNTY BUSINESS COUNCIL 2 Park Plaza, Suite 100 I Irvine, California 92614-5904 phone: 949.79422421 fax: 949.476.04431 www.ocbc.org May 7, 2012 The Honorable Don Hansen, Mayor Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648. Re: Agenda Item 9: Revise the City's Existing Development Impact Fees - OPPOSE Dear Mayor Hansen, Mayor Pro Tern Dwyer and Council Members: Based in America's sixth largest county, Orange County Business Council represents the largest, most diverse businesses, with over 2,000,000 employees worldwide. We advance Orange County's economic prosperity while protecting a high quality of life. Despite signs that Orange County is beginning to emerge from the lingering recession, ongoing fiscal challenges at the state and local level persist. Although most cities have focused their efforts on economic growth by finding innovative incentives to encourage business investment and development, we can understand the city's need to update its fee program. Regardless, the business community believes it is critical that the city use sound data and realistic assumptions in order to generate fees that accurately calculate the "fair share" for new development. Most surprising about the proposed new and increased fees is the change in the City's vision from just one year ago. In March of 2011, the City released its Ten Point Plan for making it easier to do business in Huntington Beach. OCBC even honored the city with its inaugural "Red Tape into Red Carpet" awards for its efforts to proactively cut through the red tape and open the door for business. The Ten Point Plan was heralded as a means to help "produce more new jobs, expand the local tax base, and increase the satisfaction of the business community in receiving the important services they need to remain successful." Unfortunately, the process the city has followed in its Development Impact Fee update and its reliance on a fatally flawed Nexus Report pulls the "welcome" mat out from under business. OCBC does commend the city for its recent modifications that allow for a phasing of the proposed new fees and some grandfathering of projects already in the development process to use the exiting fee structure. However, the fact that the City actually had to modify its position to not increase fees on projects already under development highlights the many problems with the current fee plan. We would respectfully ask the City to review the proposed impact fee plan for consistency with its own Ten Point Plan. The lack of a streamlined development process along with increased costs seems contradictory to the City's stated commitment to "assist businesses in order for them to grow and prosper." Please consider a modest delay of 30 to 60 days to examine the financial feasibility of a longer fee phase - in period and to allow further analysis on the Nexus Report to ensure its compliance with appropriate 'technical studies and an accurate fee calculation that reflects sound assumptions and calculations. Sincerely, Kate Klimow Vice President, Government Affairs CC: Fred Wilson, City Manager SHAPING ORANGE COUNTY'S ECONOMIC FUTURE SUPPLEMENTAL COMMUNICATION meeting Date: Aginda nem z a6ed 917: i.i. zi.oz Lo Aew 406 780 407 781 RUTAN TUCKER LLP RUTAN RUTAF,L & TUCKER, LLP Fax;714-546-9035 May 7 2012 03:33pm P002/003 John A. Ramirez Direct Dial; (714)662-4610 E-mail; jramire arutaiLcom May 7, 2012 VIA FACSIMILE AND ELECTRONIC MAIL Honorable Mayor and Members of the City Council c/o City Clerk, City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Fred Wilson City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Adoption of Development Impact Fees Resolution (Resolution No. 2012-23) and Ordinances Amending and/or Adding Chapters of the Huntington Beach Municipal Code Regarding Police, Fire, Traffic Impact, Library, and Parkland Acquisition/Park Facilities Development Impact Fees, and General Provisions Relating Thereto (Ordinances Nos_ 3942-3947, respectively) Dear Honorable Mayor, City Council Members and Mx. Wilson: This letter is written on behalf of DCO Beachwalk, LLC, a Delaware limited liability company ("Developer"). Developer is the owner of real property located at 19891 and 19895 Beach Boulevard, in the City of Huntington Beach ("City"). On March 22, 2012, the City issued a Notice of Action approving Site Plan Review No. 11-005 (Beach.walk Apartments) consisting of approximately 173 apartment units located at the above-referenced property. The purpose of this letter is to confirm Our understanding of the "grandfathering" provision in Section 8 of City Council Resolution No. 2012-23 ("Fee Resolution"). It is our understanding that, pursuant to the Fee Resolution, the following new and revised Development Impact Fees will be imposed on development projects in the City: • Police Facilities Fees, a new development impact fee authorized by the adoption of Ordinance No. 3942, and which will be codified at Huntington Beach Municipal Code ("HBMC") Chapter 17.75; • Fire Facilities Fees, a new development impact fee authorized by the adoption of Ordinance No. 3943, and which will be codified at HBMC Chapter 17.74; • Traffic Impact Fees, a pre-existing development impact fee that has been updated and revised pursuant to the adoption of Ordinance No. 3944, which amends HBMC Chapter 17.65 to reflect such revisions; 611 Anton Blvd, Suite 1400. Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 1032/026565-0004 Orange County I Palo Alto I www,rutan.com 33233521 a05107/12 408 782 RUTAN TUCKER LLP Fax:714-546-9035 May 7 2012 03:33pm P003/003 RUTAN RL1TAN rlICKER. LLP Honorable Mayor and Members of the City Council Fred Wilson May 7,2012 Page 2 • Library Development Fees, a pre-existing development impact fee that has been updated and revised pursuant to the adoption of Ordinance No. 3945, and which will be codified at HBMC Chapter 17.67; and • Parkland Acquisition and Park Facilities Fees, a pre-existing development impact fee that has been updated and revised pursuant to the adoption of Ordinance No. 3946, which amends HBMC Chapter 17.76 to reflect such revisions. It is our further understanding that the above-referenced Development Impact Fees do not apply to projects that have received discretionary project entitlement approval on or before May 7, 2012, and that satisfy the following: (a) submit an approved application for a building permit within 180 days after the fee going into effect or no later than January 20, 2013 (subject to extension by City Manager in his/her sole discretion); (b) make continued progress toward satisfying Plan Check comments after initial building permit application; and (c) building permits are issued within 360 days after the fees go into effect, but not later than July 20, 2013 (subject to extension by the City Manager in his/her sole discretion). If our understanding is correct, because the Beachwalk Apartments received a Site Development Permit on or about March 22, 2012, the new and revised Development Impact Fees set by the Fee Resolution shall not apply to the Beachwalk Apartments, so long as the Beachwalk Apartments comply with the requirements set forth in items (a) though (c), above. We respectfully request that City staff confirm our understanding of the Fee Resolution and accompanying ordinances during the Public Hearing Item on the matter. Please contact me should you have any questions or concerns regarding the foregoing. Sincerely, RUTAN & TUCKER, LLP A. Ramirez JAR:lr 1032/026565-0004 3323352.1 a05/07/1.2 409 783 RECEIVED FROM AS PUBLIC RECORD OF MEW toFICE JOAN L FLYNN, cgs( CLERK ARCHSTONE 000 Memorandum Date: May 7, 2012 To: Huntington Beach City Council From: Kenneth Keefe kL Group Vice President Subject: Proposed Development Fee Impact Increase Thank you for the opportunity to convey our concerns with respect to the proposed development impact fee increase. Archstone and two land owners, Pedigo Products, Inc. and the George W. Psaros Trust, are involved in a development project at the southwest corner of Edinger & Gothard consisting of 510 luxury multi-family units (see attached site plan). Archstone first learned on February 1, 2012, more than 6 months after we began our process, that the city is proposing to increase the development impact fees. The project is at- risk of not moving forward due to financial infeasibility if the proposed increase in fees passes and does not include a grandfathering provision that would enable the project to remain at the current fee level. Please find below a summary of facts as well as the progress made to date: • Archstone and the two land owners have standing in the city. Archstone is the owner of a 152 unit multi-family project at 8945 Riverbend Drive in the city and will break ground on a 384 unit luxury multi-family project later this year at the corner of Gothard and Center Avenue. Pedigo Products has owned their portion of the proposed site for over 40 years and ran their manufacturing business for more than 30 years of that time. The Psaros's have owned their portion of the site for more than 25 years. • Due to the sites strategic location in the specific plan area, the city approached Rick Pedigo several years ago and asked for him to work together with the Psaros's to attract a developer who would redevelop the site consistent with the city's vision. The land owners have done precisely what the city requested. • Archstone and the two land owners have invested significant time and effort since July 2011 working to assemble the two parcels at the SW corner of Edinger & Gothard streets to develop a luxury multi-family project consistent with the city's vision and the specific plan. • The two land owners have structured their tenant leases to position the property for sale resulting in the loss of tenants and reduced revenue. • Archstone and the two land owners have incurred approximately $400,000 in out-of-pocket costs to develop the project. • Archstone has met with the city many times (6 +/-) over the pasts six months working towards a site plan acceptable to city staff. • Archstone submitted a site plan application to the city on April 4, 2012 and received first round comments from the city staff last week. • Archstone and the two land owners are committed to creating a first-class development that is consistent with the specific plan. 3 MacArthur Place, Suite 600 I Santa Ana, CA 92707 T: 714.689.7000 F: 714.689.7101 I ArchstoneApartments.com 410 784 Please find attached a summary of public benefits offered by the proposed project. The phasing-in of the fees does not solve our problem since Archstone would likely pull a building permit sometime between December 2013 and May 2014, resulting in a fee increase of approximately $6.1 million (based on the proposed fee schedule effective as of July 20, 2013) rendering the project infeasible. Therefore, in order for us to keep the deal alive and for the city to realize the project benefits, Archstone requests that the grandfathering provision be adjusted. Please find attached a copy of the current draft proposal which I have redlined in a manner consistent with what would help allow this project to proceed. Archstone will work diligently with the city to clear staff's comments, obtain the entitlements, design the project, obtain the building permit, and construct and operate the project in an expeditious manner. Archstone is committed to this luxury multi-family project and hope that the city will grant us the flexibility requested. 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IN BOOX 1, P A f MISCELLANEOUS MAPS. IN T. Off nCE Of TIRE COUNTY RECORDER OF ORA.NDE COUNTY • ,s,,, ! PARCEL 1, AS SNOWN ON p MAP FILED RA BOOK 2. PAGE il OF PAR,a I. MAPS,IN TY,E OFFICE OF THE COUNTY RECORDER Of ORANDECOUNTY. PARCELS I AND 2, A, ii-10:,NN ON A AAAP FRED. BOON S. PACE 36 OF PARCEL MAPS. IN THE OFF nCe OF THE COUNTY RECORDER Of ORMODE COUNTY. OWNER/APPLICANT , : or , "PO ei 7- 4P1211_ IP 1 ' •••=r-.•;..,,:.: : . I . ---' iir' . 11' " ' ''',1 .- I ' , , i ' WE ' i -' • .'. i ii• l • " Ai s 4,10 ' ' ; 3110t...0 ". 41,7s.gi• ' ..,•40—' , ' NE ' ''. ., . It,. :'..,1, — ii11-4-21 1 - f 'a PlitiliAliA' '......-.... •„I - -. N• • • - EAST • WEST CONNECTION STREET:L..7H .: ,- , „. • _ . ___-• _- _ • • . . • •" • . • • LP. 14°8111 • __ — , L l• , , , .,..c.,:! ..: 1 '• . , :. 1 •L':- Archstone New Development Holdings, , , .....:...:.„...-, 3 MacArthur Place, Suite 600 0' 40' 80' 120' Santa Ana, California 92707 (714)689-7057 Attn: Sarah Klaustermeier SCALE. 1" = 40' , .. [ : • , 12-033 March 28, 1011 SITE PLAN A2 1 v SITE PLAN - . — EDINGER APARTMENTS . HUNTINGTON BEACH, CA is) EM DATE ef D "E4 n , 23 t 00 02.12 ARCHS TONE ARCHITECTS ORANGE o MI. 2 A.M. Otave 3 MacArthur Place, SUITE 600 SANTA ANA, CALIFORNIA, 92707 714-689-7057 144 NORTH ORANGE Si, ORANGE, CALIFORNIA 92866 (714)639-9860 CASE FILE NUMBERS: X X 412786 • Increase in Annual •': 2011,Tak Bill Takitevenue • .• „ ExiMting Parcels Archstone Huntington Beach at Edinger Project Benefits • Description - 510 unit multifamily apartment development on the southwest corner of Edinger Avenue and Gothard Street. • Status — Project is consistent with the Beach and Edinger Corridor Specific Plan and Archstone has submitted a site plan review application to the city. • Job Creation — Project is expected to create 1,000 jobs for construction workers and consultants throughout project planning and construction. • Permits and Fees — Project is estimated to net the city $8,729,753 before the proposed increase to permits and fees being voted on by city council May 7, 2012. • Increased Property Taxes — Property Tax Revenue 142-321-01 142-321-02 142-321-10 142-321-12 142-321-13 Total $10,500 $13,570 $18,901 $8,576 $32,205 $83,752 _ Projected Takes During Construction and Lease up 2013-2017 Average Tax Per Year $809,008 $725,257 Stabilized Ann'Ual Taxes • 2617 Total Tax $1,714,170 $1,630;418 • Increased Sales Tax Revenue — 510 units will net between 750 and 1,100 new residents to Huntington Beach who will be shopping in the city and paying sales tax. • High Quality Residents — Project aims to house residents who meet Archstone's background check, credit standards, and income levels necessary to pay rent in accordance with The Fair Housing Act. • Affordable Housing - Project will contain 51 affordable housing units at moderate and low income levels. 413 787 Archstone Edinger & Gothard Estimated Schedule through Construction Start Agresssive Conservative Staff Approval (in months) Planning Commission (in months) City Council (in months) Total Entitlement Period (in months) 6 Time Period per Staff 3 Time Period per Staff (preliminary feedback from staff indicates that the project will require Planning Commission approval) 3 Time Period per Staff (my understanding is that most projects that require Planning Commission approval ultimately require City Council approval) 12 Sum of Pieces Above 4 2 2 8 Design Period 'til Construction Start (in Months) Total Entitlement & Design Period (in Months) Today's Date Range of Construction Start Dates 12 12 Typically a 12 month process including design development, preparation of construction documents, and "plan check" by the city staff 24 Sum of Pieces Above May-12 Apr-14 20 May-12 Dec-13 414788 Formatted: Indent: First line: 0" I Resolution No. 2012-23 — Paragraph 8 — Archstone's Proposed edits 8. Fee Imposed. The new Development Impact Fees set by this resolution shall not apply to projects that have submitted a site plan review application* received discretionary project entitlement ap-prova-l-on or before May 7, 2012 and the following milestones are met: 1. The site plan application has been deemed complete and the Project has received discretionary project entitlement approval on or before 360 days after the new fees go into effect or no later than June 20, 2013. 1,2,Project has submitted an approved application for building permits within 270480 days after receipt of discretionary project entitlement approval the fcc going into effect or no later than MarchJanuary 20, 2014-3. 2,3. From the time of initial building permit application, the project makes continued progress toward satisfying plan check comments. 4. Building Permits are issued within twenty-five months360 days after the new fees go into effect, no later than July 20, 20143. An exception to the above milestones is the involvement of an outside third party regulatory agency. In such cases the 270-1-80 days to make building permit application will begin when the developer receives clearance from that agency. The City Manager shall have the authority to extend milestone dates for qualifying "grandfathered" projects in his sole discretion. All other projects are subject to the new fees, which go into effect July 20, 2012. All existing Development Impact Fees remain in effect until final action is taken on this resolution and respective ordinances. In the event any portion of this resolution is held invalid, the previously approved development impact fee shall automatically apply. 415 789 Development Impact Fee Comparison Current vs. Proposed (Dwyer) ,C)400--049)e2J7 RECEIVED FROM AS PUBLIC RECORD FO, OF CITY CLERK OFFICE JOAN L FLYNN, CITY CLERK Law Enforcement Facilities Consultant Effective Effective Effective 1 Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) No Fee No Fee No Fee No Fee No Fee No Fee No Fee $396 $815 $369 $455 $532 $1.041 $0.443 $277 $571 $258 $455 $532 $1.041 $0.443 $317 $652 $295 $455 $532 $1.041 $0.443 $356 $99 $734 $204 $332 $92 $455 $114 $532 $133 $1.041 $0.260 $0.443 $0.111 $198 $408 $185 $228 $266 $0.521 $0.222 $297 $611 $277 $341 $399 $0.781 $0.332 $396 $815 $369 $455 $532 $1.041 $0.443 Fire Suppression Facilities Consultant Effective Effective Effective Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) No Fee No Fee No Fee No Fee No Fee No Fee No Fee $922 $382 $1,583 $356 $794 $0.329 $0.030 $645 $267 $1,108 $356 $794 $0.329 $0.030 $738 $306 $1,266 $356 $794 $0.329 $0.030 $830 $231 $344 L.c,4 $96 $1,4251 $396 $356 $89 $794! $199 $0.3291' $0.082 $0.0301 - $0.008 1 $461 $191 $792 $178 $397 $0.165 $0.015 $692 $287 $1,187 $267 $596 $0.247 $0.023 $922 $382 $1,583 $356 $794 $0.329 $0.030 1 of 3 416790 Circulation System Fee Consultant Effective Effective Effective Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $1,507 $1,058 $786 $746 $1,081 $5.194 $1.061 $2,482 $1,657 $1,299 $1,105 $1,915 $4.175 $1.789 $1,737 $1,220 $909 $1,062 $1,538 $4.175 $1.789 $1,986 $1,395 $1,039 $1,062 $1,538 $4.175 $1.789 $2,226 $1,751 $1,563 $1,208 $1,165.: $1,062 - $836 $1,538' $1,290 $4.175 $4.939 $1.789 $1.243 $1,995 $1,358 $1,043 $926 $1,498 $4.685 $1.425 $2,238 $1,507 $1,171 $1,015 $1,707 $4.430 $1.607 $2,482 $1,657 $1,299 $1,105 $1,915 $4.175 $1.789 Development Impact Fee Comparison Current vs. Proposed Public Library Facilities Consultant Effective Effective Effective Current Fee Recom 7/20/12 7/20/13 7/20/14 25% 50% 75% 100% $0.44/SF $0.44/SF $0.44/SF $0.04/SF $0.04/SF $0.04/SF $0.04/SF Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $1,172 $1,172 $1,172 $1,172 t $1,085 $1,114 $908 $908 $908 $908 $491 $630 $733 $733 $733 $733 $460 $551 No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee $1,143 $1,172 $769 $908 $642 $733 No Fee No Fee No Fee No Fee No Fee No Fee No Fee No Fee 2 of 3 417791 Park Land/Open Space & Facilities (No Tract Map) Consultant Effective Effective Current Fee Recom 7/20/12 7/20/13 Effective 7/20/14 16.67% 33.33% 50.00% 66.67% 83.33% 100.00% Detached Dwelling Units (per Unit) Attached Dwelling Units (per Unit) Mobile Home Dwelling Units (per Unit) Hotel/Motel Lodging Units (per Unit) Resort Lodging Units (per Unit) Commercial/Office Uses (per sq. ft.) Industrial/Manufacturing Uses (per sq. ft.) $0.86/SF $0.86/SF No Fee $0.23/SF $0.23/SF $0.23/SF $0.23/SF $17,857 $13,835 $11,169 $459 $359 $0.954 $0.772 $12,500 $9,685 $7,818 $459 $359 $0.954 $0.772 $14,286 $11,068 $8,935 $459 $359 $0.954 $0.772 $16,071 E $ 4,697 $12,452[1 $ 2,880 $10,052 $ 1,862 $459 $ 153 $359 $ 144 $0.954k $ 0.351 $0.772 $ 0.320 $ 12,593 $ 9,453 $ 7,446 $ 337 $ 273 $ 0.713 $ 0.591 $ 15,224 $ 11,643 $ 9,307 $ 398 $ 316 $ 0.795 $ 0.643 $ 17,857 $ 13,835 $ 11,169 $ 459 $ 359 $ 0.954 $ 0.772 7,328 9,961 5,070 7,262 3,723 5,585 214 276 187 230 0.471 0.592 0.411 0.501 NOTE: The fees below fall under the Subdivision Map Act and will be addressed at a later date 3 of 3 418792 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-930 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Brevyn Mettler, Emergency Services Coordinator Subject: Adopt Resolution No. 2022-79 approving the Local Hazard Mitigation Plan enabling the City to be eligible for pre- or post-disaster hazard mitigation funds from the Federal Emergency Management Agency (FEMA) Statement of Issue: City Council approval of the Local Hazard Mitigation Plan (LHMP) is requested. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2022-79, "A Resolution of the City Council of the City of Huntington Beach Approving the Updated Huntington Beach Local Hazard Mitigation Plan." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: FEMA mandates, through the Disaster Mitigation Act of 2000, that any public agency that wishes to apply for pre- or post-disaster hazard mitigation grants must have an approved local hazard mitigation plan. Over the past 25 years the City of Huntington Beach has received approximately $18 million in disaster mitigation grants. Currently, the City’s Heil Flood Control Pump Station is being funded with a LHMP Grant. This updated LHMP has been prepared to ensure compliance with FEMA requirements. The mission of the Huntington Beach Local Hazard Mitigation Plan is to promote sound public policy designed to protect citizens, critical facilities, infrastructure, private property, and the environment from natural hazards. This plan provides the first step toward accomplishing these goals by City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™793 File #:22-930 MEETING DATE:12/20/2022 increasing public awareness, documenting the resources for risk reduction and loss prevention, and identifying activities to guide the City of Huntington Beach toward building a safer, more sustainable community. City Council adoption of the attached resolution assures that this public policy is implemented. City Council approval of the LHMP is requested. If the LHMP is not approved, the City will not be eligible for pre- or post-disaster hazard mitigation funds from FEMA. If the LHMP is not approved, an existing $2.7 million dollar grant from FEMA would be forfeited upon expiration of our current LHMP. Environmental Status: The adoption of the Hazard Mitigation Plan is categorically exempt pursuant to Class 6, Section 15306, of the California Environmental Quality Act, which states that basic data collection and research, which do not result in a serious or major disturbance to an environmental resource, is exempt from further review. Additionally, the Hazard Mitigation Plan is only a study that identifies, among other things, mitigation strategies that the local jurisdiction has not yet approved, adopted, or funded. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Resolution No. 2022-79, “A Resolution of the City Council of the City of Huntington Beach Approving the Updated Huntington Beach Local Hazard Mitigation Plan,” Exhibit A - Hazard Mitigation Plan referenced, but not attached - available for Public Review in the City Clerk’s Office 2. PowerPoint Presentation on the LHMP City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™794 795 796 Local Hazard Mitigation Plan Adoption Huntington Beach Fire DepartmentDecember 20, 2022797 What is Hazard Mitigation798 What is Local Hazard Mitigation Plan • Provided Access to pre/post disaster mitigation funds • Better understanding of hazards, risks and vulnerabilities • Compliance with CA laws and requirements • Must be reviewed yearly • Updated every 5 year799 Hazard Mitigation Planning ProcessHazard Mitigation Team Assess Risks Develop mitigation Strategy/Plan Public/Partner OutreachAdopt Plan Plan Maintenance 800 How Does it Fit Into the CommunityMore Specific More General Long TimelineEmergency Operations PlanGeneral Plan Safety Element 65302 (g) 1Local Hazard Mitigation Plan Short Term801 802 Questions?803 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1027 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Scott M. Haberle, Fire Chief PREPARED BY:Jeff Lopez, Battalion Chief Subject: Approve an appropriation of $867,000 for the California Department of Health Care Services (DHCS) Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) for FY 2022/23. Statement of Issue: As stated on the DHCS website, the PP-GEMT IGT Program is anticipated to be implemented on January 1, 2023, contingent on federal approval. With the New PP-GEMT IGT Program, it is expected that the City of Huntington Beach will receive an estimated $770,000 in new annual revenue above the previous GEMT Programs. This estimated $770,000 in new annual revenue amount is calculated after accounting for the $1,734,000 in expected annual invoices to cover the City’s anticipated non-federal share. It is anticipated that half of the annual $1,734,000, which would be $867,000, is expected to cover the City’s anticipated non- federal share for the remainder of FY 2022/23. Staff requests to approve an appropriation of $867,000 for the PP-GEMT IGT Program to pay DHCS invoices in an expected amount of up to $867,000 to cover the City’s non-federal share described below for the remainder of FY 2022/23. Future costs of the PP-GEMT IGT Program will be incorporated in future years’ budgets. Financial Impact: A new appropriation of $867,000 is requested for the PP-GEMT IGT Program for the remainder of FY 2022/23. Future costs of the PP-GEMT IGT Program will be incorporated in future years’ budgets. Program revenues are anticipated to fully cover the requested appropriation with a net annual revenue of $770,000. Recommended Action: Approve an appropriation of $867,000 for the PP-GEMT IGT Program for FY 2022/23. City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™804 File #:22-1027 MEETING DATE:12/20/2022 Alternative Action(s): Do not approve and direct staff accordingly Analysis: The following information was provided on the Department of Health Care Services’ website about the New PP-GEMT IGT Program (<https://www.dhcs.ca.gov/provgovpart/Pages/PPGEMTIGT.aspx> ): In accordance with Assembly Bill (AB) 1705 (Chapter 544, Statues of 2019), the Department of Health Care Services (DHCS) is developing the Public Provider Ground Emergency Medical Transport (PP-GEMT) Intergovernmental Transfer Program (IGT) program to provide increased reimbursements, by application of an add-on increase, to emergency medical transports provided by eligible public GEMT providers. The non-federal share collected will be used to provide an add-on increase to the fee-for-services (FFS) fee schedule rate for the affected emergency medical transport billing codes and a rating increment that will be applied to primary capitation rates for contracted Medi-Cal plans. Currently, the Fire Department receives a $220 add-on pursuant to the GEMT QAF Program. Once the New PP-GEMT IGT Program is implemented on January 1, 2023, public providers will no longer be eligible to receive the $220 add-on from GEMT QAF Program and will no longer be able to participate in the GEMT CPE Program. However, agencies will be invoiced quarterly and will receive a reimbursement add-on of $946 instead under the New PP-GEMT IGT Program. The New PP-GEMT IGT Program $946 add-on applies to more cases than the previous GEMT QAF Program. The previous GEMT QAF Program revenue was approximately $100,000 annually. The New PP-GEMT IGT Program revenue is estimated to be $770,000 annually. Staff recommends appropriation approval for the PP-GEMT IGT Program due to the previous GEMT QAF and GEMT CPE programs ending and due to the PP-GEMT IGT Program offering a greater net revenue than the previous GEMT QAF and GEMT CPE programs as illustrated in the following table: Staff requests to approve an appropriation of $867,000 for the PP-GEMT IGT Program to pay FY 2022/23 DHCS invoices in an expected amount of up to $867,000 to cover the City’s non-federal share. If the invoices total less than $867,000, then the remaining funds will not be expended and will be reverted back to the original appropriation. The City of Huntington Beach retains the right to withhold invoice payments in this voluntary program if the non-federal share exceeds the expected amount. The City of Huntington Beach Fire Department and Finance Department will analyze the PP- GEMT IGT Program and its financial impact on a quarterly basis. City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™805 File #:22-1027 MEETING DATE:12/20/2022 Environmental Status: Not applicable Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. PowerPoint Presentation on the New PP-GEMT IGT Program City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™806 PP-GEMT-IGTHuntington Beach Fire DepartmentDecember 20, 2022807 BackgroundAs stated on the DHCS website, the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) is anticipated to be implemented on January 1, 2023, contingent on federal approval(https://www.dhcs.ca.gov/provgovpart/Pages/PPGEMTIGT.aspx).808 RecommendationStaff requests to approve an appropriation of $867,000 for the PP-GEMT IGT Program to pay FY 2022/23 DHCS invoices in an expected amount of up to $867,000 to cover the City’s non-federal share.809 AnalysisStaff recommends appropriation approval for the PP-GEMT IGT Program due to the previous GEMT QAF and GEMT CPE programs ending and due to the PP-GEMT IGT Program offering a greater net revenue than the previous GEMT QAF and GEMT CPE programs as illustrated in the following:Note: The New PP-GEMT IGT Program $946 add-on applies to more cases than the previous GEMT QAF. 810 Questions?811 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1044 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Sean Crumby, Director of Public Works PREPARED BY:Max Olin, Contract Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Stance Construction Company in the amount of $585,014.50 for the Residential Curb Ramp Project, CC-1700 Statement of Issue: On November 17, 2022, bids were publicly opened for the Residential Curb Ramp project. City Council action is requested to award the construction contract to Stance Construction Company, the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and supplemental expenses, is $665,000. Funds for this project are available in the current fiscal year budget in the Infrastructure Account 31440006.82300 ($365,000) and Measure “M” Account 21390004.82300 ($300,000) Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Stance Construction Company in the amount of $585,014.50; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: The Americans with Disabilities Act (ADA) statues require the City to provide facilities and programs that are accessible to individuals with disabilities. Many of our street intersections and crossings lack the curb access ramps necessary to comply with ADA requirements. The project consists of installing City of Huntington Beach Printed on 12/14/2022Page 1 of 2 powered by Legistar™812 File #:22-1044 MEETING DATE:12/20/2022 the curb access ramps necessary to comply with ADA requirements. The project consists of installing ADA curb ramps throughout the City, but predominately in Maintenance Zone 2 (Attachment 1), where the City’s annual pavement maintenance project has identified streets to overlay with new asphalt. Bids were publicly opened on November 17, 2022, with the following results: BIDDER'S NAME BID AMOUNT Stance Construction Company $585,014.50 Towo Enterprise Inc.$613,950.00 Nobest Inc.$690,000.00 Addison-Miller Inc.$860,900.00 CT&T Concrete Paving Inc.$957,200.00 Stance Construction Company has provided acceptable experience on similar projects in the past. Therefore, staff recommends awarding a contract to Stance Construction Company in the amount of $585,014.50.The total cost of the project is $665,000. This total includes the construction contract of $585,014.50 plus ten-percent (10%) construction contingency of $58,501.45. In addition, supplemental expenses of $21,484 for inspection. The engineer’s estimate for this project was $665,000. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation - Zone 2 Curb Ramps City of Huntington Beach Printed on 12/14/2022Page 2 of 2 powered by Legistar™813 814 Zone 2 Residential Curb Ramp Project Zone 2 815 Residential Paving Program 12th (final) year - Residential Paving Phases within program • Tree Maintenance - Fall • Concrete Rehabilitation - Winter • Street Paving - Spring • Slurry Seal – Spring • Traffic Striping – Spring/Summer 816 Zone 2 Residential Curb Ramp Project • This project consists of approx. 100 curb access ramps (comply with the American Disabilities Act - ADA). • ADA requires City to install ADA compliant ramps on streets with paving. • Includes ramps for all streets to be paved within zone 2 817 Zone 2 Residential Curb Ramp Project Curb Ramp Construction Completed Curb Ramp 818 Questions? 819 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1048 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Sean Crumby, Director of Public Works PREPARED BY:John Martin, Contract Administrator Subject: Accept the lowest responsive and responsible bid, authorize execution of a construction contract with Modern General Contractor Inc. in the amount of $397,000.00 for the Police Department Traffic and Homeless Task Force Office Renovation, CC-1678, and authorize change orders Statement of Issue: On November 17, 2022 bids were opened for the Police Department Traffic and Homeless Task Force Office Renovation Project CC-1678. City Council action is requested to award the construction contract to Modern General Contractor Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency, is $496,276.00. Funds for this project are available in the current fiscal year budget in the Police Facilities Development Fund No. 22770104.82200. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Modern General Contractor Inc. in the amount of $397,000.00. B) Authorize the Director of Public Works to execute change orders not to exceed 20% of the contract costs, or $79,400.00. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: The original traffic bureau and evidence room offices were designed and constructed in 1971 and are in need of improvements and modernization. The traffic offices currently consist of adjustable wall City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™820 File #:22-1048 MEETING DATE:12/20/2022 panels that separate briefing areas from private office spaces. The area includes a report writing space that needs to be expanded from three to four work stations. The existing finishes (including carpet) have outlived their useful life. The electrical, data, and HVAC systems all require modernization as well. Also within that section of the building is an old evidence room that has not been in use for quite some time and requires a complete removal of all flooring, drywall, and ceiling tile. The traffic office will be upgraded with steel-studded drywall and also include new carpet, ceiling tile, HVAC, lighting, and data networking systems. Office space will be expanded from two to three private offices, and the report writing area will include a fourth work station. The former evidence room is being completely stripped down and rebuilt to house a new homeless task force (HTF) office. The HTF space will consist of a private supervisor office and space for four officer work stations, as well as renovated HVAC, electrical, and data networking systems. The engineer’s estimate for this project was $450,000.00. Bids for the Traffic and Homeless Task Force Office Renovation were opened on November 17, 2022, and are listed in ascending order below. Bidder Submitted Bid 1 Modern General Contractor Inc.$397,000.00 2 JT Construction Group Inc $398,135.29 3 KG Axis, Inc.$447,200.00 4 Legion Contractors, Inc.$448,000.00 5 Empire Design & Build $492,000.00 6 Monet Construction $510,638.00 7 Aguilar & Calderon Corporation $537,473.00 8 PUB Construction, Inc.$592,000.00 9 MLC Constructors $763,600.00 A check of references on Modern General Contractor Inc. indicates that they have successfully completed tenant improvement building projects similar in scale. Therefore, it is recommended to award a contract to Modern General Contractor Inc. in the amount of $397,000.00. The total project cost is $496,276.00, which includes the construction contract of $397,000.00 plus a twenty-percent (20%) construction contingency and $19,876.00 for project supplemental costs. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303.c. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Location Map - Traffic and Homeless Task Force Office Renovation CC-1678 City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™821 File #:22-1048 MEETING DATE:12/20/2022 2. Project Overview Slide Presentation City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™822 823 Traffic and Homeless Task Force Office Renovations Project 824 Table of Contents •Current Configuration •Renovated Design •Questions 825 Current Configuration - Obsolete Traffic Office • Constructed in 1971. • Carpeting, temp wall partitions, HVAC, electrical and data systems are all outdated. • Traffic department needs additional space and equipment. Evidence Room • Constructed in 1971. • Evidence room relocated, current room not in use. • Current wall finishes, flooring, HVAC, electrical, and data network are in poor condition. TRAFFIC OFFICE EVIDENCE ROOM (E) CITY HALL BLDG 826 Renovated Design New traffic open office, above left, and private office, above right. New Homeless Task Force Open Office • Open office with 4 computers. • New Supervisor office. • New flooring, wall finishes, ceiling tiles, electrical, HVAC, and data network systems. New Traffic Office • New investigator office. • Expanded report writing area with 5 desks. • Renovations to entire office space involve new permanent drywall, flooring, ceiling tile, HVAC, electrical, and data network systems. 827 Questions? 828 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1090 MEETING DATE:12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Al Zelinka, City Manager PREPARED BY:Brittany Mello, Administrative Services Director Travis Hopkins, Assistant City Manager Subject: Approve the Reorganization of the Administrative Services Department into the Human Resources Department and Information Services Department, and Adopt Resolution No. 2022- 83 Amending the City’s Classification Plan to Delete the Director of Administrative Services and Add the Positions of Director of Human Resources and the Chief Information Officer Statement of Issue: In November 2020, the City Council approved the COVID-19 Citywide Reorganization Plan following a projected budget shortfall, reducing the number of authorized positions in the City and merging the Information Services and Human Resources Departments into a new Administrative Services Department. Due to the evolving needs of the organization, staff is recommending returning to the prior operational structure to help meet the growing, complex demands of each operation. Financial Impact: The salary range for the positions of Human Resources Director and Chief Information Officer is proposed to be placed at Range 269 of $167,668.80 - $224,702.40, mirroring the other non-safety department heads. The proposed Human Resources Director would replace the existing Administrative Services Director, so no additional funding is required for this position. To fully fund the Chief Information Officer position’s pay and benefits, a budget appropriation of approximately $288,952 would be needed annually. For the remainder of the current Fiscal Year 2022/23, funding in the amount of $138,140 is requested to establish the role. Recommended Action: A) Approve the Reorganization of the Administrative Services Department into separate Human Resources and Information Services Departments, authorize one additional full-time equivalent position and appropriate $138,140 in the Fiscal Year 22/23 budget, and authorize the City Manager to take all administrative and budgetary actions necessary to implement the reorganization. B) Adopt Resolution No. 2022-83, “A Resolution of the City Council of the City of Huntington Beach City of Huntington Beach Printed on 12/14/2022Page 1 of 3 powered by Legistar™829 File #:22-1090 MEETING DATE:12/20/2022 Amending the City’s Classification Plan by Deleting the Director of Administrative Services and Adding the Job Classifications of Director of Human Resources and Chief Information Officer and Establishing Compensation.” Alternative Action(s): Approve the Reorganization of the Administrative Services Department into separate Human Resources and Information Services Departments, and adopt Resolution No. 2022-83, but do not authorize an additional position, and authorize the City Manager to take all administrative and budgetary actions necessary to implement the reorganization. If the additional position is not authorized, then an existing, vacant authorized position would be de-funded to fund the Chief Information Officer. Analysis: On November 2, 2020, the City Council approved the Fiscal Year 2020/21 Citywide Reorganization Plan in response to the negative economic impacts of COVID-19. A key component of this Reorganization Plan was merging the Information Technology and Human Resources operations into a single Administrative Services Department. Over the last two years, the Administrative Services Department has provided exceptional internal services to the eleven City departments at the City, serving approximately 1,500 full and part-time employees across some 40 City facilities. Following notification of the current Administrative Services Director’s upcoming departure from the City on January 3, 2023, leadership in the City Manager’s Office and Administrative Services met to evaluate the current structure, and the advantages and disadvantages of remaining merged or bifurcating the department. Due to the complexity and volume of Human Resources and Information Technology related operational demands, along with numerous planned/ongoing special projects and the growing need for employee relations, retention, recruitment, and training/development, staff is recommending a return to the previous operational structure with separate Information Services and Human Resources Departments. In order to move forward with establishing separate departments, Resolution No. 2022-83 is proposed to update the appointed Non-Associated (Non-Represented) Salary Schedule by adding the Chief Information Officer and Human Resources Director classifications and establishing the compensation at the same level as the non-safety department heads. The existing Administrative Services Director position would be replaced by the Human Resources Director. Staff is requesting funding for an additional full-time authorized position for the Chief Information Officer position in the current fiscal year. Alternatively, City Council may choose to not approve a new position. If so, an existing authorized position would be de-funded to fund the Chief Information Officer position. Environmental Status: City of Huntington Beach Printed on 12/14/2022Page 2 of 3 powered by Legistar™830 File #:22-1090 MEETING DATE:12/20/2022 None. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Resolution 2022-83, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Deleting the Director of Administrative Services and Adding the Job Classifications of Director of Human Resources and Chief Information Officer and Establishing Compensation” including Exhibit 1A-1 - Appointed Non-Associated Salary Schedule Effective January 4, 2023, and Exhibit 1A-2 - Amended Non-Associated Salary Schedule Effective February 4, 2023 2. PowerPoint Presentation City of Huntington Beach Printed on 12/14/2022Page 3 of 3 powered by Legistar™831 832 833 834 835 Administrative Services Department Reorganization City Council Meeting December 20, 2022 836 Background •In November 2020, City Council approved the Fiscal Year 2020/21 Citywide Reorganization Plan in response to the negative economic impacts of COVID-19 •A key component of the Plan was merging the Information Technology and Human Resources operations into a single Administrative Services Department 837 Background •The upcoming departure of the current Administrative Services Director provides an opportunity to re-evaluate if the current operating structure best meets the City’s evolving needs •Based on the complexity and volume of Human Resources and Information Technology needs at the City, staff is recommending separating these functions into their own departments 838 Proposed Reorganization •In order to bifurcate the department, a new director position is requested at a fully-burdened cost of approximately $288,952 annually •Resolution No. 2022-83 is proposed to update the appointed Non-Associated Salary Schedule to: •Delete the Administrative Services Director position •Add the Human Resources Director position •Add the Chief Information Officer position 839 Staff Recommendation A)Approve the Reorganization of the Administrative Services Department into separate Human Resources and Information Services Departments, authorize one additional full-time equivalent position, and appropriate $138,140 in FY 22/23; and A)Adopt Resolution No. 2022-83 840 Questions? 841 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1092 MEETING DATE:12/20/2022 Submitted by Mayor Strickland - Proposed Ordinance to Establish a Code Enforcement Complaint Process Regarding Alleged Business Violations and Prohibits the Submission of Anonymous Complaints Request the City Attorney to return to City Council with a proposed ordinance that bans anonymous complaints by individuals to Code Enforcement about alleged business violations. The Ordinance should provide that Code Enforcement is welcome to continue to take in complaints from the public about businesses, but that in order to do so, strict new reporting requirements must be adhered to. Any and all complaints by individuals must occur in person at City Hall, which will include a new and updated intake form to be completed with all identifying information of the complaining party. The intake of the complaint shall include a copy of the individual's driver's license or other form of ID with a full name, address, and photo of the individual. If a City worker, including a member of Code Enforcement is lodging the complaint, then he/she identifies him/herself likewise. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™842 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: TONY STRICKLAND, MAYOR DATE: DECEMBER 20, 2022 SUBJECT: PROPOSED ORDINANCE TO ESTABLISH A CODE ENFORCEMENT COMPLAINT PROCESS REGARDING ALLEGED BUSINESS VIOLATIONS AND PROHIBITS THE SUBMISSION OF ANONYMOUS COMPLAINTS In the last year, Huntington Beach businesses have seen increasingly aggressive measures by "anonymous" individuals who have reported complaints to Code Enforcement against businesses. Some of the complaints, after investigation and review, were unfounded. Nevertheless, the business owners were placed under unnecessary stress and pressure to make corrections and/or face fines because of the basis of the anonymous complaints. In addition, recently, small business owners received calls from Code Enforcement regarding potential violations right after hosting political events at their restaurants. This was perceived by the business owners as harassment, a violation of their exercise of free speech, and a punishment for their participation in the political process. Huntington Beach business owners are our community's treasures. Our business owners represent the best of Huntington Beach - those individuals who have taken their own personal risk to invest in the City, and then who employ members of our Huntington Beach community. Our government should never be perceived as punitive or actively taking steps to frustrate, discourage, or hinder business. Government should get out of the way of business to allow business to flourish, and only when businesses are in actual, substantial violation of law, should the government take corrective steps with the business to rectify the problem. In the spirit of the 6th Amendment of the U.S. Constitution where individuals have a right to face their accuser, Huntington Beach should have a policy banning anonymous complaints by individuals or businesses to our local government to take action against other businesses. While the 6th Amendment involves individuals in a criminal context, here I am concerned about ensuring that only legitimate concerns involving a business are addressed through a proper process. To that end, the City should have an ordinance or regulatory scheme that bans anonymous Code Enforcement complaints against businesses and requires that any individual who wishes to file a complaint disclose his/her identity and other identifying information, even if that reporting individual is another City worker. If a Code Enforcement officer comes across a violation on his/her fieldwork, that individual would be the one identifying him/herself in the report. No Code 843 Enforcement reporting of any complaint could proceed without identifying the original observer or eyewitness of the violation. RECOMMENDED ACTION Request the City Attorney to return to City Council with a proposed ordinance that bans anonymous complaints by individuals to Code Enforcement about alleged business violations. The Ordinance should provide that Code Enforcement is welcome to continue to take in complaints from the public about businesses, but that in order to do so, strict new reporting requirements must be adhered to. Any and all complaints by individuals must occur in person at City Hall, which will include a new and updated intake form to be completed with all identifying information of the complaining party. The intake of the complaint shall include a copy of the individual's driver's license or other form of ID with a full name, address, and photo of the individual. If a City worker, including a member of Code Enforcement is lodging the complaint, then he/she identifies him/herself likewise. 844 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1093 MEETING DATE:12/20/2022 Submitted by Mayor Strickland - Request to amend the Huntington Beach Municipal Code to raise Campaign Contribution Limits Direct the City Attorney to return at the next City Council Meeting with an amendment to the City's municipal code to raise the contribution limit to match or track that of the limits for California's Senate/Assembly candidates. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™845 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: TONY STRICKLAND, MAYOR DATE: 12/20/2022 SUBJECT: REQUEST TO AMEND THE HUNTINGTON BEACH MUNICIPAL CODE TO RAISE CAMPAIGN CONTRIBUTION LIMITS The City of Huntington Beach is the 4th largest City in the County of Orange and the 24th largest City in the State of California, and has heavily restricted campaign contribution limits. Huntington Beach Municipal Code Section 2.07.050, Campaign Contribution Limitations, limits campaign contributions to any candidate or controlled committee of City candidate for City Clerk, City Treasurer and City Attorney to $500 per election cycle. Since the adoption in 2013 the consumer price index (CPI) of Los Angeles, Long Beach, and Anaheim areas, the contribution allowance is $620 per person or business to a candidate for local office. In campaigning across such a large City, such restrictions place a burden on individual local candidates to cover so much territory with restricted campaign budgets. This encourages third party independent expenditures, which do not have contribution limits yet heavily influence local elections. Local candidates should benefit from an increase in direct financial support from individuals in the community. An increase in individual participation with individual candidates is also an increase in the exercise of free speech. RECOMMENDED ACTION Direct the City Attorney to return at the next City Council Meeting with an amendment to the City's municipal code to raise the contribution limit to match or track that of the limits for California's Senate/Assembly candidates. 846 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1105 MEETING DATE:12/20/2022 Submitted by Mayor Strickland - Request to perform a CEQA review for the Great Pacific Air Show Request the City Manager to return to City Council at the first regular City Council Meeting in January 2023 with a specific and actionable recommendation for undertaking an adequate CEQA review of the Air Show. Chief Assistant City Attorney, Mike Vigliotta’s experience in environmental legal review will provide the leadership to retain the consultant necessary to complete the environmental review. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™847 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: TONY STRICKLAND, MAYOR DATE: 12/20/2022 SUBJECT: REQUEST TO PERFORM A CEQA REVIEW FOR THE GREAT PACIFIC AIRSHOW The Great Pacific Air Show is the largest event in Huntington Beach and has drawn the attention and the interest of people from around Orange County, the State, and even the nation. The Air Show is a special event that should be embraced by the City of Huntington Beach to ensure success in years to come and actively supported by the City. To secure the future of the Air Show in Huntington Beach the City should conduct a review under CEQA to provide the City with insulation against challenges. RECOMMENDED ACTION Request the City Manager to return to City Council at the first regular City Council Meeting in January 2023 with a specific and actionable recommendation for undertaking an adequate CEQA review of the Air Show. Chief Assistant City Attorney, Mike Vigliotta’s experience in environmental legal review will provide the leadership to retain the consultant necessary to complete the environmental review. 848 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1094 MEETING DATE:12/20/2022 Submitted by Mayor Pro Tem Van Der Mark - Report on Homelessness, Anti-Camping and Anti -Loitering Laws Direct the City Manager and the Police Chief to return on January 17, 2023 to present the following: 1.A full report and accounting identifying all of the City's resources, including recently hired/appointed City personnel, County programs present in the City, and facilities like the Navigation Center, that have been employed or deployed to combat homelessness; and 2.A full report and accounting of the Navigation Center's use since it opened in December 2020, including the number of beds occupied over time (utilizing monthly data), where the clients/patrons are from (have they been Huntington Beach homeless or have they been brought in by the County or other cities), and average length of how long individuals stay and where they go once released (e.g., back on the streets, County facilities, or back home); and 3.A proposal that incorporates former Police Chief Handy's 90-day plan on how HBPD will enforce the City's and State's anti-camping and anti-loitering laws to get the City's public spaces free from the mentioned encampments, loitering, and their related health and safety concerns; and 4.A request for the Police Chief to give quarterly updates at City Council on enforcement of anti- camping and anti-loitering. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™849 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: GRACEY VAN DER MARK, MAYOR PRO TEM DATE: DECEMBER 20, 2022 SUBJECT: REPORT ON HOMELESSNESS, ANTI-CAMPING AND ANTI-LOITERING LAWS Around 2019, the City began to appreciate a proliferation of the homeless population in Huntington Beach as it was around Orange County. The increase in homeless individuals sleeping on public benches, public parks, and outdoor encampments in public spaces and near schools and playgrounds led to an increase in assaults on residents, degradation of the quality of the City's parks and other public spaces, and health and safety issues such as filth, human waste, drug paraphernalia, and other private property items left by homeless individuals strewn through the City in public spaces. Many of these public spaces were, and still are, the downtown area of Huntington Beach and beaches and parks, where children play. In December 2020, the City responded to the homelessness proliferation in 2020 by building a homeless shelter in cooperation with the County of Orange here in Huntington Beach (17642 Beach Bl.). As this multi-million dollar Navigation Center was being built, former Police Chief Rob Handy had put together a 90-day plan centered on outreach to the homeless community to inform them of the resources available through the Navigation Center and the County, and that Huntington Beach would no longer allow homeless to remain camping and loitering in public spaces. After the 2020 election, new City Council leadership altered this course. As a result, the 90-day plan by Chief Handy was never implemented, and little to no enforcement of our laws left the Navigation Center unused in large part, and our public spaces are still occupied by homeless encampments and homeless loitering. The City knows through many meetings with Federal Judge Carter, and by instruction from the Ninth Circuit Court of Appeal in the Martin v. Boise case, that having a homeless shelter, like the Navigation Center, allows cities like Huntington Beach to legally enforce their anti-camping and anti-loitering laws. There is no reason at this point, and going back to 2020, why the City has not been enforcing its laws to keep the streets and public spaces healthy and safe. The community knows this and is demanding that the City, once and for all, bring back law and order to our City by addressing the homeless issue once and for all with the resources we already have available to us. RECOMMENDED ACTION Direct the City Manager and the Police Chief to return on January 17, 2023 to present the following: 850 1. A full report and accounting identifying all of the City's resources, including recently hired/appointed City personnel, County programs present in the City, and facilities like the Navigation Center, that have been employed or deployed to combat homelessness; and 2. A full report and accounting of the Navigation Center's use since it opened in December 2020, including the number of beds occupied over time (utilizing monthly data), where the clients/patrons are from (have they been Huntington Beach homeless or have they been brought in by the County or other cities), and average length of how long individuals stay and where they go once released (e.g., back on the streets, County facilities, or back home); and 3. A proposal that incorporates former Police Chief Handy's 90-day plan on how HBPD will enforce the City's and State's anti-camping and anti-loitering laws to get the City's public spaces free from the mentioned encampments, loitering, and their related health and safety concerns; and 4. A request for the Police Chief to give quarterly updates at City Council on enforcement of anti-camping and anti-loitering. 851 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1108 MEETING DATE:12/20/2022 Submitted by Mayor Pro Tem Van Der Mark and Councilmember McKeon - Request to Switch the City of Huntington Beach’s (The Organization) OCPA Energy Rate to Basic Choice and provide Recommendations to Withdraw as a Founding Member of the OCPA We request the City Manager to present options at the next City Council meeting on the City's pursuit to immediately switch the City of Huntington Beach facilities to OCPA's Basic Choice Option. We also request for staff to return at a study session before the end of February 2023 to provide options, costs and paths forward to remove/withdraw the City entirely from the Orange County Power Authority. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™852 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: GRACEY VAN DER MARK, MAYOR PRO TEM CASEY MCKEON, CITY COUNCILMEMBER DATE: DECEMBER 20, 2022 SUBJECT: REQUEST TO SWITCH THE CITY OF HUNTINGTON BEACH’S (THE ORGANIZATION) OCPA ENERGY RATE TO BASIC CHOICE AND PROVIDE RECOMMENDATIONS TO WITHDRAW AS A FOUNDING MEMBER OF THE OCPA In December 2020, the City of Huntington Beach was entered into the Orange County Power Authority (OCPA) as a founding member. The OCPA is a joint powers authority with three other founding members including the cities of Irvine, Buena Park, and Fullerton. The City Council, in February 2022, approved the 100% Renewable Choice energy rate as the default rate for Huntington Beach customers, including the City. This rate is the most ambitious and aggressive plan that has the potential to impose a substantial financial burden on our residents in their purchase of energy. Since the City of Huntington Beach pays the highest rates from OCPA, it is irresponsible to the taxpayer to spend more money than is necessary for a product of service. In all other contracts with our City, the lowest responsible bid is chosen. In this case the highest rates were chosen, yet the power comes from the same source as the lowest rate. This highly ambitious energy- pricing plan for residents, in light of the questionable return on investment, should be corrected by the City Council in order to protect residents. As such, the City should switch its default rate for City facilities from 100% Renewable Choice to Basic Choice, the lowest rate that is also most comparable to the current SCE default rate. RECOMMENDED ACTION We request the City Manager to present options at the next City Council meeting on the City's pursuit to immediately switch the City of Huntington Beach facilities to OCPA's Basic Choice Option. We also request for staff to return at a study session before the end of February 2023 to provide options, costs and paths forward to remove/withdraw the City entirely from the Orange County Power Authority. 853 854 855 856 857 858 859 860 861 862 863 864 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1110 MEETING DATE:12/20/2022 Submitted by Mayor Pro Tem Van Der Mark and Councilmember McKeon - Request to Pause the Main Street Redevelopment Project and Solicit Additional Community Feedback Prior to Reconsidering the Project Request the City Manager to pause the work of Studio One Eleven architects and re-engage the community. Return to the City Council in February 2023 to share the feedback received from the community and engage in another discussion on whether to pursue the Main Street redesign. If direction is given to proceed, Council and staff will discuss various options for the redesign of the first, second, and third blocks of Main Street. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™865 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GRACEY VAN DER MARK, MAYOR PRO TEM CASEY MCKEON, CITY COUNCILMEMBER DATE: DECEMBER 20, 2022 SUBJECT: REQUEST TO PAUSE THE MAIN STREET REDEVELOPMENT PROJECT AND SOLICIT ADDITIONAL COMMUNITY FEEDBACK PRIOR TO RECONSIDERING THE PROJECT On November 16, 2021, the City Council provided direction to staff to undertake a redesign of the first, second and third blocks of Main Street in Downtown Huntington Beach. On November 1, 2022, the City Council directed staff to proceed from the resultant schematic design to design development drawings for the Main Street Streetscape design for the first, second and third blocks of Main Street. In between these two actions, the City introduced the Downtown Dreamin’ process in August 2022, which added a new level of community engagement in the redesign process for Main Street. Prior to this, and to this day, comments from the community include that many don't like the idea of redesigning Main Street at all, while others have insisted that there is a need for more opportunities in order to develop consensus on the Main Street redesign. While much work has occurred to date and before additional investment in planning and design occurs, it is important to take a pause and resume community engagement to ensure that a) the community supports the idea of a Main Street redesign, and b) that whatever proposal for redesign of Main Street reflects a consensus of downtown businesses and property owners, as well as Huntington Beach residents. While not everyone will be completely satisfied with the resultant Main Street streetscape redesign, it is important the process was inclusive and engaged people in a consensus oriented way. RECOMMENDED ACTION Request the City Manager to pause the work of Studio One Eleven architects and re-engage the community. Return to the City Council in February 2023 to share the feedback received from the community and engage in another discussion on whether to pursue the Main Street redesign. If direction is given to proceed, Council and staff will discuss various options for the redesign of the first, second, and third blocks of Main Street. 866 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1095 MEETING DATE:12/20/2022 Subject: Submitted by Councilmember Burns - Request for HBPD Crime Statistics and Enhanced Public Safety Enforcement Activities Recommended Action: 1. Direct the City Manager to work with the Police Chief and return on January 17, 2023 with a report on crime statistics over the past year, particularly regarding theft from or damage to our local businesses and home invasion burglaries throughout the City; and 2. Return on January 17, 2023 with a report on what measures (without reporting/revealing tactics that should be kept confidential) that the HBPD will take in 2023 to increase public safety and law enforcement; and 3. Return quarterly with crime statistics and include explanations of the HBPD’s increased efforts to fight crime; and 4. Direct the City Attorney to return on January 17, 2023 with any recommendations to increase prosecutorial support of the HBPD, if any. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™867 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PAT BURNS, CITY COUNCILMEMBER DATE: 12/20/2022 SUBJECT: REQUEST FOR HBPD CRIME STATISTICS AND ENHANCED PUBLIC SAFETY ENFORCEMENT ACTIVITIES There is concern in the community that the City of Huntington Beach should be doing more to fight crime and/or address an increase in certain crimes. For example, there is an increase in shoplifting from shops in Huntington Beach in broad daylight. These crimes are often treated as misdemeanors that cannot be dealt with adequately by the criminal justice system, yet many of these kinds of crimes can be presented to a prosecutor not simply as petty theft, but as a higher charge of burglary, in order to get greater penalties. In another example, there has been a measurable increase in home burglaries both on Edwards Hill and in the Huntington Harbour area. In fact, Huntington Harbour has seen nearly 30 in-home burglaries from January 1, 2022 to November 30, 2022. RECOMMENDED ACTION 1. Direct the City Manager to work with the Police Chief and return on January 17, 2023 with a report on crime statistics over the past year, particularly regarding theft from or damage to our local businesses and home invasion burglaries throughout the City; and 2. Return on January 17, 2023 with a report on what measures (without reporting/revealing tactics that should be kept confidential) that the HBPD will take in 2023 to increase public safety and law enforcement; and 3. Return quarterly with crime statistics and include explanations of the HBPD’s increased efforts to fight crime; and 4. Direct the City Attorney to return on January 17, 2023 with any recommendations to increase prosecutorial support of the HBPD, if any. 868 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1096 MEETING DATE:12/20/2022 Subject: Submitted by Councilmember McKeon - Oppose RHNA Mandate and Adopt an Ordinance to Ban Builder’s Remedy Developments Recommended Action: Authorize the City Attorney to: 1. Challenge the State‘s RHNA mandate for Huntington Beach, including its validity and any laws in support of such a mandate over the City as a Charter City, by taking whatever legal action is required; and 2. Return to City Council at the City Attorney's earliest convenience with an ordinance banning "Builder’s Remedy" developments from taking place in Huntington Beach. Development without proper approvals is already not legal in the City, but this Ordinance is essential to make it clear to the entire community that Huntington Beach will fight any developer that seeks to develop pursuant to "Builder’s Remedy" laws. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™869 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: CASEY MCKEON, CITY COUNCILMEMBER DATE: DECEMBER 20, 2022 SUBJECT: OPPOSE RHNA MANDATE AND ADOPT AN ORDINANCE TO BAN BUILDER’S REMEDY DEVELOPMENTS Since 2018, the State has passed a flurry of housing laws that not only seek to commandeer the City's local ability (local control and discretion) to zone its territory, but the State also imposes a host of heavy burdens, unfunded State mandates, and zoning mandates. This includes the 2021 Regional Housing Needs Assessment (RHNA) mandate for Huntington Beach to zone 13,368 units via the 6th Cycle Housing Element Update. Many have expressed that the "fix" to fight these State mandates is in Sacramento, i.e., to fix State laws by the Legislature. While this is not untrue, the fight for local control can still, also be had in the courts. For perspective, if the City were to honor this 13,368 RHNA by zoning for, and eventually building for that quota at a 20% affordable threshold, then that would mean that approximately 30,000 new total units of high density housing would be built. This would increase the City’s current housing inventory by approximately 36 percent. These mandates, and the State's intrusion and commandeering are reckless and unsustainable - both for the City's residents' livability and the tax and strain on its infrastructure that is all designed and maintained for its current housing levels. The 13,368 RHNA is really no mandate at all. It is flawed. While the State claims that its housing laws have preemptive effect, even over Charter cities, no preemptive effect can be upheld by laws that are demonstrably flawed and unsupported by evidence, supported by a rational basis. Earlier this year the California State Auditor released a scathing report that the "The Department of Housing and Community Development Must Improve Its Processes to Ensure That Communities Can Adequately Plan for Housing”. This scathing report indicates that HCD’s methodology is flawed. This is precisely what the City Attorney had argued to City Council in 2020, that when SCAG/HCD made its RHNA determination for Huntington Beach of 13,368 units, the State agencies violated their own State laws in their methodology and their application to Huntington Beach. Huntington Beach is a Charter City and according to the California Constitution, local zoning has historically been a "municipal affair" subject to Home Rule Charter City authority. While that local right has eroded over the years with additional invasive State legislation and unfavorable court rulings, the California Constitution remains and Huntington Beach's Charter City status must be defended and asserted. 870 RECOMMENDED ACTION Authorize the City Attorney to: 1. Challenge the State‘s RHNA mandate for Huntington Beach, including its validity and any laws in support of such a mandate over the City as a Charter City, by taking whatever legal action is required; and 2. Return to City Council at the City Attorney's earliest convenience with an ordinance banning "Builder’s Remedy" developments from taking place in Huntington Beach. Development without proper approvals is already not legal in the City, but this Ordinance is essential to make it clear to the entire community that Huntington Beach will fight any developer that seeks to develop pursuant to "Builder’s Remedy" laws. 871 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:22-1109 MEETING DATE:12/20/2022 Subject: Submitted by Councilmember McKeon - Request for Information and Actions Related to the RWG Report Recommended Action: 1. City Council vote tonight to waive the attorney-client and Closed Session confidentiality privileges for the 10 Closed Session Meetings on the Moore v. City, Gates lawsuit for the sole purposes of allowing Mr. Gates to give his side of the story - to return to City Council with a public presentation on what was discussed and decided (by Councilmember votes) in those 10 Closed Sessions, and 2. City Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any and all communications between Councilmembers and Craig Steele and his attorneys regarding this "investigation," and 3. Direct the City Manager to work with IS to preserve all emails/texts/communications between City Council Members and Craig Steele and Richards Watson Gershon (RWG) and between former City Manager Oliver Chi and RWG, and 4. City Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any and all RWG invoices for the work they have done on this "investigation" (going back to 2020) and to have those invoices, all of them, sent by the Finance Director and City Manager to Mr. Gates for review to make determinations as to the propriety of the work by RWG and to see if a new investigation should be undertaken to analyze the propriety of RWG's investigation of Mr. Gates in the first place, and the propriety of the taxpayer dollars spent on the Steel "investigation," and 5. Direct the City Manager to remove the RWG report from the City's website - so that there are no links and no availability on the City's website whatsoever. If any member of the public wants a copy, they can send a request to the City Attorney's office to produce public records under the CPRA, and 6. Direct Mr. Gates, after review of the aforementioned communications and invoices, to return to City Council with recommendations if any further action could be taken to correct the actions of RWG and the City Council retainer of RWG and the spending of taxpayer moneys on such an "investigation" behind closed doors and away from the public visibility and accountability. City of Huntington Beach Printed on 12/14/2022Page 1 of 1 powered by Legistar™872 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: CASEY MCKEON, CITY COUNCILMEMBER DATE: DECEMBER 20, 2022 SUBJECT: REQUEST FOR INFORMATION AND ACTIONS RELATED TO THE RWG REPORT A lawsuit was brought in early 2018 by attorneys Neal Moore and Scott Field against the City of Huntington Beach and our City Attorney, Michael Gates. That case was centered on age discrimination allegations because they were written up and/or demoted for their poor performance. For three years, 2018, 2019, and 2020, the City Council spent sums of taxpayer money preparing that case for trial. As many have said before, City Council met with handling attorneys, including outside attorneys from Greenberg Gross in Closed Session on approximately 10 occasions over the course of those 3 years of litigation preparing that case for trial. As many have said, the prior, 2018 City Council viewed this lawsuit as a frivolous suit, else the City Council would not have met in Closed Session 10 times to direct the handling attorneys for three years to prepare this lawsuit for trial. In any event, notwithstanding the clear City Council decisions and control over the lawsuit, the later City Council after the 2020 November election decided at the very last minute to settle the lawsuit. Then, that same City Council improperly retained attorney Craig Steele of the law firm of Richards Watson Gershon behind closed doors and away from the view of the public to investigate our City Attorney, Mr. Gates, regarding the handling of the 3-year litigation by outside attorneys from Greenberg Gross. The City Attorney is THE designated attorney of the City by the people. The City Charter is clear about this, and City Council was not at liberty to hire their own attorney behind closed doors to conduct any investigations or do any legal work. This, in my view, was nothing more than a political witch hunt - all done in secret. Mr. Steele was a friend of the Kalmick family, he had worked for Dan Kalmick’s father in Seal Beach for years. The Council's secret hiring Mr. Steele in violation of the City Charter and without having gone out publicly for a new RFP, and hiring Mr. Steele outside of the normal public contracting processes reeks of impropriety and sheer politics. More shocking - Mr. Steele never interviewed Mr. Gates, the person at the center of this sham investigation, nor did Mr. Steele interview anyone from Mr. Gates's office, any of the Greenberg Gross attorneys, and he did not interview anyone of the Councilmembers who were actually present in the 10 Closed Session meetings who made the decisions and witnessed first hand Mr. Gates's role and conduct in the handling of the case. This kind of highly suspect, politically motivated "investigation" cannot stand in Huntington Beach. We are far better than that. We must demand the truth about what actually happened. 873 RECOMMENDED ACTION 1. City Council vote tonight to waive the attorney-client and Closed Session confidentiality privileges for the 10 Closed Session Meetings on the Moore v. City, Gates lawsuit for the sole purposes of allowing Mr. Gates to give his side of the story - to return to City Council with a public presentation on what was discussed and decided (by Councilmember votes) in those 10 Closed Sessions, and 2. City Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any and all communications between Councilmembers and Craig Steele and his attorneys regarding this "investigation," and 3. Direct the City Manager to work with IS to preserve all emails/texts/communications between City Council Members and Craig Steele and Richards Watson Gershon (RWG) and between former City Manager Oliver Chi and RWG, and 4. City Council to vote tonight to waive the claimed attorney-client and any other confidentiality privilege on any and all RWG invoices for the work they have done on this "investigation" (going back to 2020) and to have those invoices, all of them, sent by the Finance Director and City Manager to Mr. Gates for review to make determinations as to the propriety of the work by RWG and to see if a new investigation should be undertaken to analyze the propriety of RWG's investigation of Mr. Gates in the first place, and the propriety of the taxpayer dollars spent on the Steel "investigation," and 5. Direct the City Manager to remove the RWG report from the City's website - so that there are no links and no availability on the City's website whatsoever. If any member of the public wants a copy, they can send a request to the City Attorney's office to produce public records under the CPRA, and 6. Direct Mr. Gates, after review of the aforementioned communications and invoices, to return to City Council with recommendations if any further action could be taken to correct the actions of RWG and the City Council retainer of RWG and the spending of taxpayer moneys on such an "investigation" behind closed doors and away from the public visibility and accountability. 874