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2023-11-07 Agenda Packet
IN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , 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 in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. SUPPLEMENTAL COMMUNICATION: 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 to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM 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 after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . 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, November 7, 2023 Council Chambers 2000 Main Street Huntington Beach, CA 92648MAYOR 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 November 7, 2023City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (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. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. 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. RECESS TO CLOSED SESSION 23-9501.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 23-9512.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Page 1 of 10 2 AGENDA November 7, 2023City Council/Public Financing Authority Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 23-9643.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker (Brittany) v. City of Huntington Beach and Todd McClung; OCSC Case No.: 30-2021-01235807. 23-9674.PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 23-9665.PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 23-9656.CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): Number of matters: One (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns 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. 23-9007.Huntington Beach Police and Fire Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Page 2 of 10 3 AGENDA November 7, 2023City Council/Public Financing Authority 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. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. 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. 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. 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. 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 CONSENT CALENDAR CITY CLERK 23-9248.Approve and Adopt Minutes Recommended Action: Page 3 of 10 4 AGENDA November 7, 2023City Council/Public Financing Authority A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 17, 2023; and B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of October 23, 2023 . 23-9569.October Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Receive and File. Recommended Action: 23-95510.Request to receive and file the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees (BCCs) updated November 2023 Receive and file the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees updated November 2023. Recommended Action: CITY MANAGER 23-95411.Approve submittal of a Letter of Interest and application for CalOptima Health’s Street Medicine Program to provide preventive health, urgent care, and social services directly to homeless individuals at no direct cost to the City A) Approve the submission of the City’s Letter of Interest and application to CalOptima Health’s Street Medicine Program; and B) Authorize the City Manager to execute and submit all application documents on behalf of the City. Recommended Action: COMMUNITY DEVELOPMENT 23-84912.Approve Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for Fiscal Year (FY) 2023-24 Approve the Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for FY 2023-24. Recommended Action: 23-94013.Approve and authorize execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce to formally establish a Page 4 of 10 5 AGENDA November 7, 2023City Council/Public Financing Authority partnership that defines the roles and responsibilities of both parties Approve and authorize the Mayor and City Clerk to execute a Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. Recommended Action: FINANCE 23-95714.Approve FY 2022/23 Budget Adjustment for the City’s Various Unfunded Liabilities and Year-End Audit Entries A) Increase appropriations for the FY 2022/23 Revised Budget by $119,243 in the funds and amounts contained in Attachment 1 to reconcile the budget with actual expenses incurred; and, B) Approve the appropriation and transfers for the FY 2022/23 Revised Budget in the funds and by the amounts contained in Attachment 1; and, C) Approve the appropriation and transfer of $12,620,000 into the Workers’ Compensation, General Liability, Retirement Supplemental, and Infrastructure Funds from the General Fund year-end balances (see Attachment 1). Recommended Action: FIRE 23-93615.Adopt Resolution No. 2023-54 to approve the updated Emergency Operations Plan (EOP) that includes the management, concepts, and response procedures relative to large-scale disasters Adopt Resolution No. 2023-54, “A Resolution of the City Council of the City of Huntington Beach Approving the City’s Emergency Operations Plan .” Recommended Action: 23-93916.Approve and authorize execution of a contract between the City of Huntington Beach and Wittman Enterprises, LLC to provide billing services for emergency paramedic and ambulance services Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” in an amount not to exceed $1,400,000 over three years. Recommended Action: 23-94917.Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Page 5 of 10 6 AGENDA November 7, 2023City Council/Public Financing Authority Huntington Beach; authorize designated City staff to execute the agreement; and, approve an appropriation of $2,282,450 for the agreement during FY 23/24 A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; and B) Authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement; and C) Approve an appropriation of $2,282,450 to business unit 10065403 as required by the agreement. Recommended Action: HUMAN RESOURCES 23-96218.Adopt Resolution No. 2023-57 authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System (PERS) and make determinations of disability for local safety members Adopt Resolution No. 2023-57, “A Resolution of the City Council of the City of Huntington Beach authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System and make determinations of disability for local safety members”, and repeal Resolution No. 2016-43. Recommended Action: PUBLIC WORKS 23-90919.Approval of a License Agreement with Huntington Gateway Industrial II, LLC to install and maintain all landscaping and landscaping improvements within the public rights-of-way for the Huntington Gateway Phase II Industrial Project Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way” for the Huntington Gateway Phase II industrial project (Attachment 1). Recommended Action: 23-91120.Award and authorize the execution of a construction contract with Big Ben Engineering in the amount of $3,970,850 for the Edinger Avenue Sewer Replacement Project, CC-1662; and, authorize appropriation of funds Page 6 of 10 7 AGENDA November 7, 2023City Council/Public Financing Authority A) Approve a budget transfer of $1,337,325 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189019.82600 (Edinger Sewer Project) to fully fund the Edinger Sewer Project; and, B) Accept the lowest responsive and responsible bid submitted by Big Ben Engineering, in the amount of $3,970,850; and , C) Authorize the Mayor and City Clerk to execute a construction contract with Big Ben Engineering in a form approved by the City Attorney. Recommended Action: 23-91221.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,432,642 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,432,642; and , B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 23-91322.Award and authorize execution of a construction contract with Vido Artukovich & Son Inc./Vidmar, Inc. A JV, in the amount of $4,193,450 for the Humboldt Sewer Lift Station Replacement Project, CC-1634; and, authorize appropriation of funds A) Accept the lowest responsive and responsible bid submitted by Vido Artukovich & Son Inc./Vidmar, Inc. A JV, in the amount of $4,193,450; and , B) Approve a budget transfer of $933,082 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189017.82600 (Humboldt Sewer Lift Station Project) to fully fund the Humboldt Sewer Lift Station Replacement Project; and , C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 23-92623.Appropriate $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station Appropriate $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Recommended Action: Page 7 of 10 8 AGENDA November 7, 2023City Council/Public Financing Authority Flood Control Station and Slater Flood Control Station. 23-94224.Adopt Resolution No. 2023-58 authorizing the City’s application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program to restore and realign portions of the existing trail at Shipley Nature Center Adopt Resolution 2023-58 “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program.” Recommended Action: 23-94125.Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the implementation of the Countywide Signal Synchronization Baseline Project Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement No. C-3-2417 Between Orange County Transportation Authority and City of Huntington Beach for Countywide Signal Synchronization Baseline Project”. Recommended Action: PUBLIC HEARING 23-84126.Adopt Resolution No. 2023-51 approving General Plan Amendment No. 21-004; approve for introduction Ordinance No. 4305 approving Zoning Map Amendment No. 21-003; adopt Resolution No. 2023-53 approving Zoning Text Amendment No. 22-005; adopt Resolution No. 2023-52 certifying Environmental Impact Report (EIR) No. 21-004; and, consider appeals by Council Member Burns and Brian Thienes of the Planning Commission’s approval of Conditional Use Permit No. 21-024 (Bolsa Chica Senior Living Community) A) Certify Final Environmental Impact Report No. 21-004 (Attachment No. 16) as adequate and complete in accordance with California Environmental Quality Act (CEQA) requirements by approving City Council Resolution No. 2023-52, “A Resolution of the City Council the City of Huntington Beach Adopting Environmental Impact Report No. 21-004 for the Bolsa Chica Senior Living Community Project” (Attachment No. 2); and B) Approve General Plan Amendment No. 21-004 and City Council Resolution No. 2023- 51, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 21-004” (Attachment No. 3); and C) Approve Zoning Map Amendment No. 21-003 and approve for introduction City Recommended Action: Page 8 of 10 9 AGENDA November 7, 2023City Council/Public Financing Authority Council Ordinance No. 4305, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located on the Southwest Corner of Warner Avenue at Bolsa Chica Street from CG (Commercial General) to SP-19 (Bolsa Chica Senior Living Community Specific Plan)” (Attachment No. 4); and D) Approve Zoning Text Amendment No. 22-005 and City Council Resolution No. 2023- 53, “A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 22-005 by Creating the Bolsa Chica Senior Living Community Specific Plan (SP-19) to Apply to Real Property at the Southwest Corner of Warner Avenue at Bolsa Chica Street” (Attachment No. 5); and E) Deny two appeals and uphold the Planning Commission’s approval of Conditional Use Permit No. 21-024 with findings and conditions of approval (Attachment No. 1). ADMINISTRATIVE PUBLIC HEARING 23-75127.Appeal of the Planning Commission’s denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) Deny the appeal and uphold the Planning Commission’s denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Recommended Action: ORDINANCES FOR INTRODUCTION 23-91028.Approve for introduction Ordinance No. 4303 and authorize requested changes to Huntington Beach Municipal Code Chapter 10.44.062 Relating to Parking - Time Limits Approve the introduction of Ordinance No. 4303, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” to address special permits regarding parking time limits for recreational vehicles . Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, November 21, 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 9 of 10 10 AGENDA November 7, 2023City Council/Public Financing Authority Page 10 of 10 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-950 MEETING DATE:11/7/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-951 MEETING DATE:11/7/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-964 MEETING DATE:11/7/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker (Brittany) v. City of Huntington Beach and Todd McClung; OCSC Case No.: 30-2021-01235807. City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-967 MEETING DATE:11/7/2023 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-966 MEETING DATE:11/7/2023 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-965 MEETING DATE:11/7/2023 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): Number of matters: One (1). City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-900 MEETING DATE:11/7/2023 Huntington Beach Police and Fire Chaplain Roger Wing City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™18 19 Moore, Tania From: Sent: To: Cc: Subject: Dear Council Member and Staff, Douglas Von Dollen <von.dollendouglas@gmail.com> Tuesday, October 10, 2023 5:43 PM supplementalcomm@surfcity-hb.org CITY COUNCIL (INCL. CMO STAFF) Invocation For 10/17 Council Meeting In light of the terrorist attack in Israel this weekend, I urge you to work with the Interfaith Council to provide an appropriate invocation for your 10/17 meeting. Our HBPD and HBFD chaplains have done an excellent job over the last 9 months but it is past time that you recognized the diversity of our faith community and sent a message of unity and solidarity with those suffering right now. Sent from my iPad 1 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-924 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated October 17, 2023 , and special meeting minutes of October 23, 2023, require review and approval Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 17, 2023; and B) Approve and adopt the City Council/Public Financing Authority special meeting minutes of October 23, 2023. 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. CC/PFA regular meeting minutes of October 17, 2023 2. CC/PFA special meeting minutes of October 23, 2023 City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™20 File #:23-924 MEETING DATE:11/7/2023 City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™21 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, October 17, 2023 2:30 PM — Council Chambers 4:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 2:30 PM — COUNCIL CHAMBERS CALLED TO ORDER — 2:30 PM ROLL CALL Present: Kalmick, Moser (arrived at 2:32 pm), Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Councilmember Burns recognized the Cars ‘N Copters event with approximately 30K attendees, the International Surfboard Builders Hall of Fame, and the Great Balls of Fire Charity Golf Tournament; Mayor Pro Tem Van Der Mark recognized the Miss Huntington Beach Pageant, and HB Fire Department Open House; and, Mayor Strickland recognized the Boys and Girls Club Great Futures Start Here Annual Benefit Dinner and Auction. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3-Minute Time Limit) — None A motion was made by Burns, second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 2:34 PM CLOSED SESSION 1. 23-874 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 22 Council/PFA Minutes October 17, 2023 Page 2 of 22 2. 23-875 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 3. 23-876 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235-CU-WM-CJC. 4. 23-877 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom/HCD; 8:23- CV-00421-FWS (ADSx). 5. 23-881 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). In re Aqueous Film-Forming Foams Prods. Liab. Litig., Case No. 2:18-mn-02873 (D.S.C.) ("AFFF MDL"), Case No. 2:22-cv-1798- RMG. 6. 23-887 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Nicholas Vella v. City of Huntington Beach; Worker’s Compensation No. COHB-22-0063. 7. 23-901 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. California Department of Finance; Case No. 34-2018-80002876-CU-WM-GDS. 8. 23-902 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION. (Paragraph (4) of subdivision (d) of Gov. Code § 54956.9). Number of Matters: One (1). STUDY SESSION — 4:32 PM ANNOUNCEMENT OF SUPPLEMENETAL COMMUNICATIONS PERTAINING TO STUDY SESSION ITEM (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Study Session, #9 (23-878) — Fourteen (14) email communications received. PUBLIC COMMENTS PERTAINING TO STUDY SESSION ITEM (3-Minute Time Limit) — 19 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. Terry Rose, resident since 1983 and homeowner, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:05:15) 23 Council/PFA Minutes October 17, 2023 Page 3 of 22 Sue Welfringer was called to speak and thanked Librarians for their service, asked that Councilmembers listen closely to the Study Session presentation, and stated support for implementing a Parental Control Card system. (00:07:11) Tim Geddes, 40-year resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:08:52) Kathie Schey was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content until there has been time for proper community engagement. (00:11:33) Mary Jo Baretich, a 40-year resident, was called to speak and stated opposition to Study Session Item #9 regarding selection, display and circulation of books and materials within Huntington Beach Public Libraries, and Councilmember Item #20 (23-879) to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:12:40) Synde Manion was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:15:17) Mary Kyle, 25-year resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:18:02) Dina Chavez was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:19:37) Martha Elliott, 30+-year resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:22:14) Melanie Bergeland, a long-time resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re- cataloging library materials containing sexual content. (00:23:25) Lindsay Klick, 20-year resident and Children's Librarian in Orange County, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:24:20) Carole Kanode, a 50-year resident and Youth Shelter Co-Founder, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:26:50) Irene Briggs, resident and Youth Shelter Co-Founder, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:29:16) 24 Council/PFA Minutes October 17, 2023 Page 4 of 22 Jessamyn Garner, a resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:31:32) Bethany Webb, 40-year resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:34:01) Kane Durham, Pride at the Pier Representative, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:36:18) Wendy Rincon, life-long resident, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:39:24) Unnamed Guest was called to speak and stated opposition to exposing young children to materials and books that support a gay lifestyle. (00:42:36) Buffy Channel, 35-year resident, homeowner and business owner, was called to speak and stated opposition to Councilmember Item #20 to consider adopting Resolution No. 2023-41 establishing a policy for the review and re-cataloging library materials containing sexual content. (00:46:01) 9. 23-878 Reviewed Councilmember Item 23-532 — Selection, Display, and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries Ashley Wysocki, Director of Community & Library Services, presented a PowerPoint communication titled Review of Councilmember Item 23-532 — Selection, Display, and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries with slides entitled: Table of Contents; Review of Councilmember Item 2023-532 (2); Research Conducted; Research Findings: Publisher (3); Research Findings: Book Distributor (3); Data Analysis; Data Analysis: Minor Cards; Data Analysis: Teen Cards; Library Policies; Library Policies: Collection Development; Library Policies: Library Card Types; Library Policies: Rules of Conduct; Library Policies: Unaccompanied Minors; Supporting Parents & Caregivers at HBPL; Supporting Parents & Caregivers: New Cardholder Brochure; Supporting Parents & Caregivers: Book Lists & Content Advisory; Summary of Final Options; and Questions?. At 5:37 PM, City Council recessed into Closed Session to participate in discussion on Closed Session Item #5, with Study Session discussion to continue after this meeting was reconvened. RETURNED TO CLOSED SESSION — 5:37 PM 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:10 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Van Der Mark 25 Council/PFA Minutes October 17, 2023 Page 5 of 22 10. 23-766 HB Pack 435 will post the colors and lead the 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. 11. 23-861 Huntington Beach Police Chaplain Bob Ewing City Council returned to discussion on Study Session Item #9 (23-878) -- Councilmember Item 23- 532 - Selection, Display, and Circulation of Library Books and Other Materials within Huntington Beach Public Libraries. Councilmember Bolton and Director Wysocki discussed details regarding a proposed Parental Consent Card. Councilmember Kalmick and Director Wysocki discussed existing unaccompanied minor policies compared to the policies of other area public libraries. Mayor Pro Tem Van Der Mark and Director Wysocki discussed details regarding existing policies related to children checking out library books and how the proposed Parental Consent Card could change those policies. Councilmember Moser and Director Wysocki discussed details regarding selecting the appropriate age when a child must be accompanied by an adult, as well as details regarding the review of library policies which was started in 2022 when the Community Development and Library Services departments were combined. City Manager Al Zelinka thanked all of the staff involved in this process and thanked Councilmembers for directing this robust review of the library system. Mayor Pro Tem Van Der Mark and Mayor Strickland confirmed with Director Wysocki no book would be banned from the library through any measures presented during the Study Session. AWARDS AND PRESENTATIONS 12. 23-899 Legislative Update provided by California State Senator Janet Nguyen California State Senator Janet Nguyen, a resident of Huntington Beach, provided an update on the past Legislative Session and described some of the bills she personally promoted on behalf of her district of just over 1 million people. CLOSED SESSION REPORT BY CITY ATTORNEY — None City Clerk Robin Estanislau announced that Assistant City Clerk Steven Aguilar accepted a position in Mesa, Arizona and this is his last City Council meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) 26 Council/PFA Minutes October 17, 2023 Page 6 of 22 Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Consent Calendar: Item #17 — One (1) email communication; Item #18 — One (1) email communication. Administrative Items #19 — One (1) staff memorandum, and one hundred forty-two (142) email communications. Councilmember Items: #20 — One (1) letter from the First Amendment Coalition, Free Expression, and ACLU Foundation of Southern California, and five hundred forty-seven (547) email communications; #21 — Thirty-two (32) email communications. PUBLIC COMMENTS (3-Minute Time Limit) — 100 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. Lolly McHardy and representatives of Sea Isle Garden Club were called to speak and presented a check for $5,817.50 to the City, in addition to over $200,000 previously donated, for continued maintenance and repairs on Edinger "mudflat" trails from Saybrook Lane to Sunset Aquatics bridge. It was noted that the Sea Isle Garden Club and City have split costs 50/50 since the beginning of the project. (01:45:07) Janet Jacobs, 43-year resident and homeowner, was called to speak and stated support for Councilmember Items #20 to consider adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (01:47:54) Jeanne Paris, a 27-year resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (01:50:28) Delaine Bailey, a resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (01:53:01) Patti Pappas, a 44-year resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (01:56:09) Ann Palmer, 30+-year resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (01:59:20) Unnamed Guest was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:02:34) Don Kennedy, City Council Candidate for 2024, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:05:46) 27 Council/PFA Minutes October 17, 2023 Page 7 of 22 Steve Quinn was called to speak and stated support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (02:08:58) Senator Dave Min, who represents approximately half of Huntington Beach, was called to speak and stated his opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:11:41) Cari Swan was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:15:21) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:19:02) Synde Manion, a resident, was called to speak and shared her opinions regarding deaths from COVID- 19 and suicides during the pandemic. (02:22:36) Russell Neal, a resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:25:46) Andrew Einhorn, a 40-year healthcare professional, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (02:28:53) Carol Daus was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:32:06) Laura Sire, long-time resident and retired First Grade teacher, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:35:21) Joclyn Rabbitt-Sire, a retired teacher, was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election, and opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:38:31) Luanne Shoup, a fourth generation Huntington Beach property owner, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:41:40) Unnamed Guest was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (02:44:27) 28 Council/PFA Minutes October 17, 2023 Page 8 of 22 Doris Hill, a long-time resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (02:47:47) Nora Pedersen, a 37-year resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:49:40) Brett Bush, resident and U. S. Airforce Veteran, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (02:52:39) Brenda Glim was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:55:52) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (02:58:43) Jeanne Goodin was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:01:58) Joyce Reilley was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:04:55) Kimberly Barnes was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:07:08) Chad Williams, resident, Former Navy Seal and Candidate for City Council in 2024, was called to speak and stated support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:10:19) Paul Horgan, a resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:13:57) Karen Riley was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:17:01) 29 Council/PFA Minutes October 17, 2023 Page 9 of 22 Barbara Richardson, 50-year resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re- cataloging of library materials containing sexual content. (03:18:41) Mark Alvarado, former Library Services employee, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:21:44) Ray Raines, a resident since 1964, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:24:21) Kevin Otis, a 3-year resident and alumni of UC Berkeley, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (03:26:40) Unnamed Guest was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:29:23) Unnamed Guest was called to speak and shared his opinions on a variety of current world events and situations. (03:32:16) Briana Lee was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:35:44) Unnamed Guest stated opposition to Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (03:38:47) Kelly Hubbard, a life-long resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:41:31) Diane Bentley, 22-year resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:45:23) Elaine Bauer Keely, 59-year resident and 44-year Friends of the Library Member, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:47:24) Meg Robinson, a resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:50:37) 30 Council/PFA Minutes October 17, 2023 Page 10 of 22 Shirley Dettloff, resident since 1964 and Former Mayor, was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election, and opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:53:47) Karen Carroll was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (03:56:48) Pat Goodman was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election; opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content; and opposition to Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (03:59:12) Linda Moon, a 49-year resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:02:21) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:05:35) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:08:47) Vincent Nakhoul was called to speak and stated opposition to Councilmember Items #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (04:11:21) Unnamed Guest, a high school Junior, was called to speak and stated opposition to Councilmember Items #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (04:14:35) Sue Welfringer, 26-year Huntington Beach homeowner, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:18:21) Kathie Schey was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, until there has been proper time for staff, citizen and elected officials input for a detailed plan to consider. (04:21:30) Connie Boardman, Former Mayor, was called to speak and stated opposition to Administrative Items #19 regarding submission of three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election, and opposition to Councilmember Items #20 regarding adoption of 31 Council/PFA Minutes October 17, 2023 Page 11 of 22 Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:23:46) Mary Jo Baretich, a 40-year resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:26:51) Mary Kyle, 25-year resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:29:39) Alicia Quezaba was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (04:31:59) Unnamed Guest, a 40-year resident, was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:34:25) Unnamed Guest, a 15-year resident, was called to speak and stated opposition to Councilmember Items #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (04:38:03) Tim Geddes was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election. (04:41:15) Lindsay Klick,20-year resident and Child Librarian, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:44:20) Daniella Murray, Marina High School Junior, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:47:37) Ayesha Latif, a long-time resident, was called to speak and stated opposition to Councilmember Items #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas, because this resolution ignores the plight of Palestinians. (04:49:00) Unnamed Guest was called to speak and stated opposition to Councilmember Items #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (04:52:10) Hannah Cole, Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re- cataloging of library materials containing sexual content. (04:55:30) Wendy Rincon was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (04:58:05) 32 Council/PFA Minutes October 17, 2023 Page 12 of 22 Kane Durham, Pride at the Pier Representative, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and opposition to #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas, as a situation that exists on another continent. (05:01:16) Jessamyn Garner, Huntington Beach resident, was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election, and opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:04:07) Julie Killeen, 45-year Huntington Beach resident and former Lakeview Elementary School Librarian, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:07:14) Jacqueline Brodt, a resident of Huntington Beach, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:10:23) Unnamed Guest, a 35-year resident and business owner, was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5 , 2024, Statewide Primary Election, and opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:11:59) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:15:48) Harry McLachlan, Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:19:00) Maggie Ratanapnanh was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:22:07) Marissa Jackson was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:24:06) Unnamed Guest was called to speak and stated opposition to Councilmember Items #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas, because this resolution ignores the plight of Palestinians. (05:27:46) Hera Poon, Huntington Beach High School Junior, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:29:59) 33 Council/PFA Minutes October 17, 2023 Page 13 of 22 Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:32:51) Bethany Webb, Huntington Beach resident, was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election, opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and opposition to Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (05:36:10) Ken Inouye, a 50-year resident, was called to speak and stated opposition, from his business perspective to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election. (05:38:58) Heidi Vea was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:40:56) Julie Bixby, 40-year resident of Huntington Beach, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:43:31) Unnamed Guest was called to speak and shared her opinions regarding the service of various Councilmembers, City Manager, City Clerk, Police and Fire Chiefs and staff. (05:46:09) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content, and opposition to #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (05:49:48) Amory Hanson was called to speak and stated his support for an additional Charter amendment to require a special election in the event of a Council vacancy. (05:52:58) Dennis was called to speak and stated support for Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election. (05:53:41) Celia Jaffe, 36-year Huntington Beach resident, Huntington Beach School District Former Board Member and State Parent Teacher Association (PTA) Former President, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:55:13) Erin Spivey, life-long resident of Huntington Beach AKA "Erin the Librarian", was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (05:57:41) 34 Council/PFA Minutes October 17, 2023 Page 14 of 22 At 10:59 PM, a motion was made by Burns, second Moser, to continue the meeting past the hour of 11:00 PM. (06:00:51) Scott Malabarba, 20-year Huntington Beach resident, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (06:01:45) Melanie Tioleco-Cheng, Huntington Beach resident and Pediatrician, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (06:05:00) Nickolas Baghara was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (06:07:56) Stacy Mignano, 20-year resident of Huntington Beach, was called to speak and stated opposition to Administrative Items #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election, and opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (06:10:10) Unnamed Guest was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (06:11:52) Jennifer Cohen, was called to speak and stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content. (06:14:41) Derek Yeghiazarian, UCI Law student, was called to speak and stated opposition to Administrative Item #19 regarding three Charter amendment ballot measures for voter approval at the M arch 5, 2024, Statewide Primary Election; opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content; and opposition to Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas because this resolution ignores the plight of Palestinians. (06:17:41) Martha Hamilton, a resident, was called to speak and shared personal opinions on a wide variety of different topics. (06:19:58) Gina Clayton-Tarvin, 30-year resident of Huntington Beach and Ocean View School District Board of Trustees Vice President, was called to speak and on behalf of the Ocean View School District stated opposition to Administrative Item #19 regarding three Charter amendment ballot measures for voter approval at the March 5, 2024, Statewide Primary Election; as a resident, stated opposition to Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content; and opposition to Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas, because this resolution is authored by Mayor Pro Tem Van Der Mark. (06:24:05) Unnamed Guest was called to speak and stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library 35 Council/PFA Minutes October 17, 2023 Page 15 of 22 materials containing sexual content, and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (06:26:50) Valentina Bankhead was called to speak and stated support for Consent Calendar Items #17 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations; stated support for Item #18 accepting the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) and Pedestrian and Bicycle Safety grants; stated support for Councilmember Items #20 regarding adoption of Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content; and support for Item #21 regarding adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas. (06:29:58) Roger Noor was called to speak and shared his opinions on a number of international and local issues. (06:32:41) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT — None CITY TREASURER’S REPORT 13. 23-863 Update on City Treasurer’s Department City Treasurer Alisa Backstrom provided a verbal financial report on the re-organization of her Office as approved by City Council in March 2023 to realign the City Treasurer's responsibilities to match those in the City Charter. CONSENT CALENDAR (ITEMS 14-18) Councilmember Bolton pulled #16 for further discussion. CITY CLERK 14. 23-836 Approved and Adopted Minutes A motion was made by Kalmick, second Strickland to approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 1, 2023; and approve and adopt the City Council/Public Financing Authority special meeting minutes of September 21, 2023; and approve and adopt the City Council/Public Financing Authority special meeting minutes of September 28, 2023; and approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 3, 2023; and approve and adopt the City Council/Public Financing Authority special meeting minutes of October 5, 2023. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 36 Council/PFA Minutes October 17, 2023 Page 16 of 22 CITY MANAGER/INFORMATION SERVICES 15. 23-775 Approved and Authorized execution of a Professional Services Agreement with IK Consulting, LLC for the Accela Citizen Access online permitting system improvement project and on-call project support services A motion was made by Kalmick, second Strickland to approve and authorize the Mayor and City Clerk to execute "Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None POLICE 16. 23-864 Approved responses to the 2022-2023 Orange County Grand Jury Report related to Animal Welfare Councilmember Bolton pulled this item to thank Captain Riley for assistance in updating the City's response to the Orange County Grand Jury report. After discussion with staff, Councilmember Bolton amended the action to "authorize the Mayor to sign on behalf of the City Council." A motion was made by Bolton, second Strickland to approve the City's responses to findings and recommendations posed by the Orange County Grand Jury report entitled "Gimme Shelter and a Pound of Advice — The State of Animal Welfare Overseen by the County of Orange;" and authorize the City Manager to submit the City's responses to the Presiding Judge of the Superior Court, as amended to authorize the Mayor to sign on behalf of the City Council. The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 17. 23-845 Adopted Ordinance No. 4302 amending Huntington Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle regulations Approved for Introduction on September 19, 2023 by a vote of 6-0-1 (Burns-Absent) A motion was made by Kalmick, second Strickland to adopt Ordinance No. 4302, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 18. 23-843 Approved and accepted the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) and Pedestrian and Bicycle Safety grants; authorized 37 Council/PFA Minutes October 17, 2023 Page 17 of 22 the Chief of Police to execute documents and approved appropriation and expenditure of funds A motion was made by Kalmick, second Strickland to approve and accept the STEP and "Pedestrian and Bicycle Safety" grant agreements between OTS and the City of Huntington Beach for $800,000 and $42,895, respectively; and, authorize the Chief of Police to execute the grant agreements with OTS; and, approve appropriations and estimated revenue source in the amount of $800,000 and $42,895; and, authorize the Chief of Police to establish separate business units for this funding and expend up to a total of $800,000 and $42,895 on the Selective Traffic Enforcement Program (STEP) grant and "Pedestrian and Bicycle Safety" grant. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ADMINISTRATIVE ITEMS 19. 23-871 Approved the submission of three Charter amendment ballot measures for voter approval at the March 5, 2024 Statewide Primary Election and the adoption of Resolution Nos. 2023-42, 2023-43, 2023-44, and 2023-45 Shannon Levin, Council Policy Analyst, presented a PowerPoint communication titled Charter Amendment Ballot Measures with slides entitled: Charter Amendment No. 1; Charter Amendment No. 2; and Charter Amendment No. 3. A motion was made by Strickland, second Van Der Mark, to consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and adopt Resolution No. 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;" and adopt Resolution No. 2023-43, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to Section 10403 of the Elections Code;" and adopt Resolution No. 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;" and adopt Resolution No. 2023-45, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;" and appropriate $459,628 in General Funds to business unit 10040101; and dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed, as amended by supplemental communication and revision to Measure 1 language (substitute identification for ID). A substitute motion was made by Kalmick, second Bolton to TABLE Consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the November 5, 2024 General Election March 5, 2024 Statewide Primary Election ballot for voter approval to allow time for more details on the costs and logistics for voter identification. The substitute motion failed by the following roll call vote: 38 Council/PFA Minutes October 17, 2023 Page 18 of 22 AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns The original motion by Strickland, second Van Der Mark to consider the three proposed Charter amendment ballot measures, ballot language, and exhibits for placement on the March 5, 2024 Statewide Primary Election ballot for voter approval; and adopt Resolution No. 2023-42, "A Resolution of the City Council of the City of Huntington Beach, California, Calling for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to the Voters Questions Relating to City Charter Amendments;" and adopt Resolution No. 2023-43, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the Date Pursuant to Section 10403 of the Elections Code;" and adopt Resolution No. 2023-44, "A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing Written Arguments Regarding City Measures and Directing the City Attorney to Prepare Impartial Analyses;" and adopt Resolution No. 2023-45, "A Resolution of the City Council of the City of Huntington Beach, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections;" and appropriate $459,628 in General Funds to business unit 10040101; and dissolve the Charter Review Ad Hoc Council Committee, as their scope of work has been completed, as amended by supplemental communication and revision to Measure 1 language (substitute identification for ID) carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton City Clerk Robin Estanislau explained the timeline moving forward which includes impartial analyses from the City Attorney's Office within 14 days, as well as the direct arguments in favor and against each ballot Measure. A motion was made by Strickland, second Van Der Mark to approve Councilmember Burns as author of Argument in Favor of Charter Amendment Measure 2 (Flags); Mayor Strickland as author of Argument in Favor of Charter Amendment Measure 3 (Two-Year Budget); Mayor Strickland and Mayor Pro Tem Van Der Mark as authors of Argument in Favor of Charter Amendment Measure 1 (Voter Identification); and, Councilmembers Kalmick, Moser and Bolton as authors of Arguments Against Charter Amendment Measures 1 (Voter Identification), 2 (Flags), and 3 (Two-Year Budget). The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Strickland, second Van Der Mark to revise Charter Amendment Measure 3 language (in Section 300, "reaffirmed to 2022" in two locations, to "reaffirmed in 2024"). The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton 39 Council/PFA Minutes October 17, 2023 Page 19 of 22 COUNCILMEMBER ITEMS 20. 23-879 Adopted Item Submitted by Mayor Pro Tem Van Der Mark — Resolution No. 2023-41 establishing a policy for the review and re-cataloging of library materials containing sexual content Mayor Pro Tem Van Der Mark introduced this item by providing a brief history of the process, procedure and procurement to ensure safe libraries for children. This item only ensures sexually explicit books be moved from the Children's Section to the Adult Section of the libraries. Mayor Pro Tem Van Der Mark confirmed with Community and Library Services Director Ashley Wysocki that moving books from one section to another within the library is not a book ban. Mayor Pro Tem Van Der Mark stated her effort is to engage the community in the process of reviewing books. She added that the current library card system allows any child to check out any book in the library, and this proposed resolution would create another option for empowering parents who choose to have more control over which books their child(ren) can check out. Councilmember Kalmick and City Attorney Michael Gates discussed how one Councilmember can ask the City Attorney to prepare a resolution, as a Councilmember Item on the agenda, rather than follow protocol whereby a Council majority directs staff for a policy document. Councilmember Kalmick noted the Resolution appears with typos and internal inconsistencies and has a signature line for the Mayor Pro Tem which no other resolution has ever had before. He asked many questions about procedures and noted the lack of many definitions as well as text ambiguities. Councilmember Bolton explained, for the benefit of the public in regard to the discussion on how library materials can be categorized, the First Amendment prohibits the government from restricting speech or information based on the content. She added the First Amendment prevents the library from using the system used by private businesses, such as Blockbuster used when they placed R-rated movies in a back room. Councilmember Bolton and City Attorney Michael Gates discussed potential legal risks by creating a community board to review and re-catalogue library materials based on their sexual content. City Attorney Gates stated that several attorneys in his office worked on this resolution and believe it is a safe path forward. City Attorney Gates noted for the record that Councilmember Bolton's First Amendment explanation does apply to adults, but not in the same way for children. He added that everyday across the country, school personnel, as government employees are constantly determining what is appropriate for children in every grade. He also noted children get different treatment in all of the Bill of Rights. City Attorney Gates added that the intent here is not to take any books out of circulation, but rather to relocate selected books so that parental involvement is required for access. Councilmember Bolton stated she cannot support this item. Mayor Strickland stated that no books will be removed or restricted from the library, but rather the intent is to develop a system to protect children. Councilmember Moser shared her thoughts regarding the process for this resolution which in her mind appears to be rushed, and stated she expected a Study Session presentation followed by bringing the topic back at another time as an H Item for full Council discussion. She stated her belief that decisions regarding library books are best made by trained experts or librarians who review data and circulation 40 Council/PFA Minutes October 17, 2023 Page 20 of 22 numbers down to the branch level. She further added this resolution is broad, subjective, and without proper definitions, which she believes will lead to potential inconsistencies in enforcement and application. Councilmember Moser stated developing a community review board could result in potential censorship based on the personal biases of a few people and noted that librarians are trained and educated with ethical standards. She believes this process will create an administrative and financial burden, and this effort is about power and control which will result in reduced trust in government institutions. Councilmember Moser asked a multitude of logistical questions regarding definitions, policies and enforcement methods which she believes must be answered before proceeding. She stated since the proposed community review board will be reviewing and evaluating books, they must have the same training and degrees that librarians do. Councilmember McKeon stated he cannot understand why people appear to support children having access to sexually explicit material without parental consent. He noted that library book placement mistakes have happened in the past, there is a system used for controlling which movies children can see, and this resolution is an effort to put policies and procedures in place to enhance parental control. Councilmember Burns stated it is apparent that some books are slipping through the current process, and he sees this resolution as an effort to support and assist the librarians. He noted that not every City board, committee or commission requires members to be experts in their field. He added no book will be removed or banned from the library, but books currently in, or procured for, the Children's Department may be moved to a more age-appropriate library section. Councilmembers Moser, McKeon and Burns shared their opinions regarding the rating system used by the movie system vs First Amendment protected free speech; existing process for handling potentially miscatalogued books; and the necessity or not of a new review committee. Councilmember Kalmick asked City Attorney Michael Gates hypothetical book scenarios related to adults wanting to read books in the children's section, and City Attorney Gates stated there is no law stating every book must be available in a library, noting there are book resources outside of the public library system which anyone can access. Councilmember Moser recommended that if a community review board is approved it be established as a committee that functions under Brown Act guidelines. Mayor Pro Tem Van Der Mark noted the Youth Board was recently eliminated and replaced with a non-Brown Act group to enhance productivity and for the same reasons she would not support Councilmember Moser's recommendation. City Attorney Gates stated Council could require noticed and open meetings of the community review board without also requiring it to be Brown Act compliant. Councilmember Bolton asked what the procedure will be if this resolution is approved as far as determining review committee qualifications. City Attorney Gates explained that resolutions are policy directions to staff and this resolution is silent on review committee qualifications, and he added that if Councilmembers expect to have input on that, now is the time to make that clear. Councilmember Kalmick confirmed with City Attorney Gates there is no appeal process regarding a review committee's decisions. 41 Council/PFA Minutes October 17, 2023 Page 21 of 22 A motion was made by Strickland, second Burns to request the City Council adopt Resolution No. 2023- 41 to establish a policy for the review and re-cataloging of library materials containing sexual content (Attachment #2). The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton 21. 23-894 Adopted Item Submitted by Mayor Pro Tem Van Der Mark — Resolution No. 2023-50 in Support of Israel and Condemning the Attacks on Israel by Hamas Mayor Pro Tem Van Der Mark introduced this item with a timeline of recent terrorist activities. Mayor Strickland stated it is important for Huntington Beach to publicly stand with Israel, one of the strongest allies the United States has. Councilmember Burns noted Israel has Palestinian, Muslim, Christian and Jewish residents which were all indiscriminately fired upon by Hamas terrorists. Councilmember Moser stated she doesn't believe this resolution is appropriate and read statements from the Greater Huntington Beach Interfaith Council and Groundswell, formerly known as O. C. Human Relations, as examples of what she considered more appropriate responses. Mayor Strickland noted that Israel was attacked by Hamas in the same fashion that the U. S. was attacked on 9/11 in Washington DC, Israel has a right to defend itself when attacked and to know that Huntington Beach supports that right. Councilmember Burns asked that additional signature lines be provided so any Councilmember who wishes may sign this resolution. Councilmember Kalmick, speaking as the only Jewish Councilmember, stated he will support this resolution, and presented what he described as potential flaws he would like to see amended. He further stated his belief it is not the role of Huntington Beach City Council to be involved in international affairs and referenced current conflicts around the world. Councilmember Bolton proposed a friendly amendment, based upon her personal conversation with a local Jewish leader, to add to the third paragraph and add a fourth paragraph. Mayor Strickland shared his opinion that the proposed changes could create the impression that Israel is as responsible as Hamas for the lost lives, and that is not factually correct. He noted he also reached out to the Israeli community in helping to draft this resolution. A motion was made by Strickland, second Van Der Mark to adopt the attached Resolution stating that the City publicly declares support for Israel, condemns the barbaric attacks on Israel by Hamas, publicly expresses sympathy for those Israelis who are suffering and dying at the hands of Hamas, and that the City publicly calls for an immediate end to the war. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns 42 Council/PFA Minutes October 17, 2023 Page 22 of 22 NOES: None ADJOURNMENT — at 1:31 AM on Wednesday, October 18, 2023, a motion was made by Strickland, second by Burns, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, November 7, 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 _______________________________________ 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 43 Minutes City Council/Public Financing Authority City of Huntington Beach Special Meeting Monday, October 23, 2023 5:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording 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 SPECIAL MEETING — 5:00 PM ROLL CALL Present: Kalmick (arrived at 5:14 PM), Moser, Van Der Mark, Strickland, McKeon, and Burns Absent: Bolton Councilmember Bolton was granted permission to be absent pursuant to City Council Resolution No. 2001-54, and City Clerk Robin Estanislau was granted permission to be absent pursuant to City Charter Section 310 (a). PLEDGE OF ALLEGIANCE — Led by Councilmember McKeon ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Steven Aguilar announced supplemental communications that were received by his office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Administrative Item #1 — Twenty-eight (28) email communications. PUBLIC COMMENTS (3 Minute Time Limit) — 16 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. Russell Neal, Orange County Power Authority Community Advisory Committee Chairman and Licensed Electrical and Nuclear Engineer with 40 years of experience in the power industry, was called to speak and stated his support for Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:03:21) 44 Council/PFA Special Meeting October 23, 2023 Page 2 of 4 Unnamed Guest was called to speak and stated his opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:06:20) Paul Horgan was called to speak and stated his opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:09:24) Unnamed Guest, a 37-year resident, was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:10:23) Andrew Einhorn, Huntington Beach resident, was called to speak and stated his opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:12:12) Tony Daus, Huntington Beach resident, 40-year water and precipitation technician, was called to speak and stated his opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:14:16) Dennis, 41-year resident, was called to speak and stated his support for Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:15:09) David Rynerson, 25-year resident, was called to speak and stated his opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:16:55) Lisa Swanson, 14-year resident, was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:18:34) Michelle Ferry, a resident since 1968, was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:20:51) Charles Jackson, 22-year resident, was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:22:45) Tim Geddes, 40-year resident, was called to speak and asked that a representative selected by the Greater Huntington Beach Interfaith Council be invited to present the November 7, 2023, City Council meeting Invocation in honor of the adoption of Resolution No. 2023-50 in support of Israel and condemning the attacks on Israel by Hamas and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:25:22) Cathey Ryder, resident since 1985, was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:28:08) 45 Council/PFA Special Meeting October 23, 2023 Page 3 of 4 Laura Sire, long-time resident, was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:30:08) Jocyln Rabbit-Sire was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:32:09) Unnamed Guest was called to speak and stated opposition to Administrative Item #1 to select the OCPA default energy product rate for existing Huntington Beach OCPA customers and effectuate the City’s withdrawal from the OCPA. (00:34:40) ADMINISTRATIVE ITEMS 1. 23-929 Approved selection of Huntington Beach’s Orange County Power Authority (OCPA) Default Energy Product Rate for Existing Huntington Beach OCPA Customers Assistant City Manager Travis Hopkins provided a verbal report covering the history of Orange County Power Authority (OCPA) and City Council actions related to energy choice for Huntington Beach. Assistant City Manager Hopkins stated that regardless of whether or not Resolution 2023-55, a resolution of the City Council of the City of Huntington Beach authorizing the City Manager to withdraw from the Orange County Power Authority is approved, all Huntington Beach residents and business owners currently will still have access to the three OCPA options, as well as to stay with Southern California Edison. Assistant City Manager Hopkins introduced Attorneys Nora Sheriff and Gwen O'Hara, from Buchalter, the business law firm hired by the City Attorney's Office who were available on-line to answer any Councilmember questions. Councilmember McKeon thanked Assistant City Manager Hopkins for summarizing the opportunity that will allow the City to mitigate substantial costs when leaving the Orange County Power Authority (OCPA) as approved by Councilmembers on May 16, 2023. Mayor Strickland confirmed that anyone can still opt into the OCPA plan of their choice. He noted he is in full support of renewable energy and believes Huntington Beach will best be served by Southern California Edison experts. Councilmember Kalmick clarified a statement just made that until June 2024 residents will be able to select their plan of choice with OCPA. He added he is attending this meeting to represent those people who want to remain with OCPA. He described some of the benefits he believes are provided by OCPA and addressed some of the misinformation from his perspective that is being shared about climate change. Councilmember Moser stated her support for Councilmember Kalmick's comments, and support for remaining a member of the OCPA so that residents, businesses and the City would continue to have power choice. Councilmember Moser and Chief Financial Officer (CFO) Sunny Han discussed actual City costs with OCPA and expected increase when returning to Southern California Edison. 46 Council/PFA Special Meeting October 23, 2023 Page 4 of 4 Councilmember Moser shared her concern the actual cost to walk away from OCPA is not known, even though this action item is supposedly mitigating the costs. She stated she will not participate in this action. Councilmember McKeon, Chief Financial Officer Han and Assistant City Manager Hopkins briefly discussed the savings for the City when the decision was made to move from OCPA 100% renewable down to the Basic Choice at the beginning of this year. A motion was made by McKeon, second Strickland to adopt Resolution 2023-55, "A Resolution of the City Council of the City of Huntington Beach Authorizing the City Manager to Withdraw from the Orange County Power Authority," which shall: approve and authorize switching the City of Huntington Beach OCPA customers currently enrolled in the OCPA 100% Renewable Choice Plan to the OCPA Basic Choice Plan (at least 38% Renewable); and authorize the appointed Huntington Beach OCPA Board Member, Councilmember McKeon or his alternate, to request on the City's behalf that OCPA expedite the requested default rate change for existing customers; and authorize the City Manager to effectuate the City's withdrawal from the Orange County Power Authority; and authorize the City Manager to notify OCPA of the City Council's decision and work with OCPA to give notice to all affected OCPA customers. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Kalmick, and Moser ABSENT: Bolton ADJOURNMENT — At 5:55 PM a motion was made by Van Der Mark, second by McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, November 7, 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 _______________________________________ 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 47 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-956 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk VIA:Robin Estanislau, CMC, City Clerk Subject: October Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Statement of Issue: A monthly reporting structure has been implemented to keep the City Council, City staff and members of the public informed of activities conducted by citizen boards, commissions, committees, and Council committees, including community groups/independent City-affiliated boards and other community, regional or state level committees. Financial Impact: None. Recommended Action: Receive and File. Alternative Action(s): Not applicable. Analysis: The City operates nearly 30 Citizen and Council-led Boards, Commissions and Committees (BCCs) with City Council representatives participating in several Regional Agency meetings to discuss important City topics ranging from infrastructure to development. To ensure that our community is able to stay informed of each BCC’s major discussions and votes, in addition to promoting the highest level of transparency, staff has prepared a high-level report of their activities for the prior month. Furthermore, this high-level report was developed in response to direction received at the December 20, 2022 City Council Meeting to find a manageable way to publicly present a brief written report on all BCC and Regional Agency meeting activities. To obtain greater details, individuals are directed to the meeting minutes, which are linked in the Activity Report. The City Clerk gathers these updates from an internal spreadsheet that is completed by BCC staff liaisons and compiles them into the attached Activity Report that will be routinely agendized for the City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™48 File #:23-956 MEETING DATE:11/7/2023 first regular Council meeting of each month under “Consent” as an informational item only. Council action is not required. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. October 2023 BCC / Regional Agency Activity Report City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™49 1 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) October 2 - 6, 2023 Updates / Actions Zoning Administrator 1st & 3rd Wed., Monthly, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: October 4, 2023 Link to Meeting Detail Summary of Action or Discussion: CDP 23-008 (Zouras Residence) - Approved Huntington Beach Council on Aging 1st Thurs., Monthly, 9:00 a.m., Senior Center (EMG, Room 1) Department: Community & Library Services Meeting Date: October 5, 2023 www.hbcoa.org Summary of Action or Discussion: Quorum was not met, and the meeting was not able to conduct official business. Personnel Commission Quarterly, 3rd Wednesday, 5:30 p.m. Meeting Room B-8 Department: Human Resources Special Meeting Date: October 4, 2023 Link to Meeting Details Summary of Action or Discussion: Conducted onboarding of 3 new, and 1 returning Commissioner. Onboarding included rules and responsibilities and guiding regulations and policies including the Brown Act. October 9-13, 2023 Updates / Actions Planning Commission 2nd and 4th Tuesday, Monthly, 6:00 p.m. City Hall Council Chambers Department: Community Development Meeting Date: October 10, 2023 Link to Meeting Details Summary of Action or Discussion: Study Session held on Zoning Map Amendment No. 21-002, Local Coastal Program Amendment No. 23-001 (Mapping Consistency Project). No action taken. 50 I I 2 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Sunset Beach Local Coastal Program Review Board 2nd Tues., Monthly, 7:30 p.m. Nobles Family Community Ctr. Department: Community Development Meeting Date: October 10, 2023 Summary of Action or Discussion: Cancelled Economic Development Committee 2nd Wed., Every other month, 3:30 p.m. City Hall Lower Level, B-8 Department: Community Development Meeting Date: October 11, 2023 Summary of Action or Discussion: Canceled Community & Library Services Commission 2nd Wednesday, Monthly, 6:00 PM City Hall Council Chambers Department: Community & Library Services Meeting Date: October11, 2023 Link to Meeting Details Summary of Action or Discussion: A presentation was provided by Kate Hoffman, Director of the Huntington Beach Art Center in celebration of National Arts Month. Staff presented an item for action regarding the establishment of a lottery system for selecting a non-profit to benefit from the annual Meadowlark Charity Golf Tournament. Chair Edsell announced that he assigned Commissioners McHardy, Barnes and Costelloe to the Park Naming & Memorials Ad-Hoc Committee. An update was provided on the construction at LeBard Park, and an overview of the unveiling event of the AAC board at Eader Park. Design Review Board (DRB) 2nd Thurs. Monthly, 3:30 p.m., City Hall Lower Level, B-8 Department: Community Development Meeting Date: October 12, 2023 Link to Meeting Details Summary of Action or Discussion: DRB 23-008 - Recommendation for Approval to the Director of Community Development. DRB 22-003 & DRB 22-004 - Continued to a Special Meeting (10/30/23) 51 I I 3 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) October 16-20, 2023 Updates / Actions Intergovernmental Relations Committee 3rd Wed., Monthly, 4:00 p.m. Department: City Manager's Office Meeting Date: October 18, 2023 Summary of Action or Discussion: Cancelled due to lack of quorum. Zoning Administrator 1st & 3rd Wed., Monthly, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: October 18, 2023 Link to Meeting Detail Summary of Action or Discussion: CUP 23-021 (Nori Poke Beer and Wine) - Approved Homeless Task Force 3rd Wednesday, 3:00 p.m., City Hall Lower Level, B-7 Department: Police Meeting Date: October 18, 2023 Summary of Action or Discussion: Reviewed updates to BeWell and Navigations Center reports published online. The HBPD HTF supervisor discussed recent operations on the Union Pacific Railroad property and their continued business outreach efforts. Provided an updated timeline for Jamboree Housing regarding development of the Pathways Project. Discussed CalOptima’s Street Medicine Program and the City’s intention to apply for participation in the program. West O.C. Water Board (WOCWB) 3rd Wednesday, 4:00 PM (January, April, July and October) Utilities Operations Building, 19001 Huntington St. Meeting Date: October 18, 2023 Link to Meeting Details Summary of Action or Discussion: WOCWB held their regular meeting on Wednesday, October 18. At the meeting, the Board ratified amendment #5 to the Joint Powers Agreement, allowing member agencies to appoint up to two alternate members to the Board of Directors. The Board also received and filed the FY 2021-22 Financial Audit and received an update from staff on the Cathodic Protection Program. 52 I I 4 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Citizen Infrastructure Advisory Board / Public Works Commission 3rd Wed., Monthly5:00 PM Utilities Yard Department: Public Works Meeting Date: October 18, 2023 Link to Meeting Details Summary of Action or Discussion: The Commission voted 5/0 that Zone 1 Residential Curb Ramp Project CC-1742, Zone 1 Residential Overlay Project CC-1743, and Fiscal Year 2023/24 Atlanta Storm Water Pump Station Trash Removal Project CC- 1737, are all in general conformance with the previously approved Capital Improvement Program. Michalski/Villa absent. Historic Resources Board 3rd Wed. Monthly, 5:00 PM City Hall Lower Level, B-7 Department: Community & Library Services Meeting Date: October 18, 2023 Link to Meeting Details Summary of Action or Discussion: The Board viewed historic photos Ms. Schey has selected for next years anniversary events. The Board discussed how to support City staff on anniversary celebrations. They decided to table the start time discussion to a future meeting. Personnel Commission 3rd Wed., Quarterly, (January, April, July, October), 5:30 p.m. City Hall Lower Level B-8 Department: HR Meeting Date: October 18, 2023 Link to Meeting Details Summary of Action or Discussion: Nominated and elected Chair and Vice-Chair, discussed appointment terms, staff requested dates for a Special Meeting to address a hearing, and Commissioners approved the Consent Calendar items (Meeting Minutes, Revised Class Specs) and Public Hearing item (New Class Spec). October 23-27, 2023 Updates / Actions Planning Commission 2nd & 4th Tues., Monthly, 6:00 PM City Hall Council Chambers Meeting Date: October 24, 2023 Summary of Action or Discussion: Meeting Cancelled. 53 I I 5 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Department: Community Development Finance Commission Every 4th Wednesday, Monthly, 5:00 p.m. Council Chambers Department: Finance Meeting Date: October 25, 2023 Link to Meeting Details Summary of Action or Discussion: The Commission tabled discussion of Strategic Plan goals, new revenue sources and operating efficiencies and the Financial Metrics and Cash Flow Ad Hoc Committee’s Ratios to the 11/15/23 meeting. Investment Advisory Board 3rd Thur. Quarterly, (January, April, July, October), 5:00 p.m. Department: City Treasurer Meeting Date: October 26, 2023 Link to Meeting Details Summary of Action or Discussion: The Board reviewed and discussed The City Treasurer's drafted September 2023 Quarterly report. The Investment Advisory Bord members decided to present City Council with and Annual Report as a recap of topics covered in 2023. The City Treasurer presented the drafted City of Huntington Beach Statement of Investment Policy for 2024. Harbour Commission 4th Thurs. Monthly, 5:00 p.m., City Hall Lower Level, B-8 Department: Fire Meeting Date: October 26, 2023 Link to Meeting Details Summary of Action or Discussion: The Harbour Commission received reports from the Vessels and Watercraft, Water Quality, Policy, and Infrastructure Ad Hoc Committees. The Fire Chief updated Commissioners on procedures for obtaining staff assistance and the role of the staff liaison assigned to the Harbour Commission. The parameters for establishment of ad hoc committees was reviewed. 54 I I 6 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Community & Regional Agencies - Updates Website Association of California Cities (ACCOC) Strickland https://www.accoc.org/ ACCOC Legislative - Regulatory Committee Bolton https://www.accoc.org/legislative-regulatory California Coastal Coalition (CalCoast) Board 2-3 meetings/year, various places www.calcoast.org City Selection Committee (held w/League of Cities OC Division meeting) https://cob.ocgov.com/boards-commissions- committees/city-selection-committee Huntington Beach Chamber of Commerce Government Affairs Committee Quarterly, meeting time varies. Golden West College, 15744 Golden West St. Admin Bldg. 4-Room137 https://hbchamber.com/advocacy League of California Cities - OC Executive Board https://www.calcities.org/get- involved/regional-divisions/orange-county- division 55 I I 7 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) League of California Cities - Environmental Quality Committee https://www.calcities.org/advocacy/policy- areas-and-committees/environmental-quality O.C. Council of Governments (OCCOG) 4th Thurs., Monthly, 10:30 AM Irvine City Hall City Council Chambers 1 Civic Center Plaza, Irvine https://www.occog.com/ O.C. Housing Finance Trust Fund https://ochft.org/ O.C Emergency Medical Care Committee https://ochealthinfo.com/providers- partners/emergency-medical- services/committees-groups/emergency- medical-care-committee O.C. Sanitation District (OCSD) Board of Directors (Plus Committee assigned by Chair) 4th Wed of every month, 6:00 PM, Virtual Meeting via Zoom / OCSD Administrative Office 10844 Ellis Ave., Fountain Valley, CA https://www.ocsan.gov/about-us/board-of- directors 56 I I 8 OCTOBER 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Orange County Power Authority (OCPA) Term: Four (4) years 2nd Tues, 10 AM, Monthly Virtual Meeting via Zoom https://www.ocpower.org/ OCTA Citizen Advisory Committee https://www.octa.net/about/about- octa/public-committees/citizens-advisory- committee/overview/ Santa Ana River Flood Protection Agency (SARFPA) Executive Committee Meetings: 4th Thurs, 4:00 PM, January, March, May, July, September Via Zoom Full Agency Meetings: June, November https://ocip.ocpublicworks.com/service- areas/oc-infrastructure-programs/santa- ana-river-project/santa-ana-river-flood- protection-0 Southern California Association of Governments (SCAG) Regional Council District 64 Delegate* 1st Thurs of every month, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. https://scag.ca.gov/ SCAG - Emerging Technology Committee https://scag.ca.gov/emerging-technologies- committee Visit Huntington Beach Advocacy Committee Monthly, usually Tuesday at 3:30 PM but varies. Virtual Meeting via Zoom / VHB Office, 155 Fifth Street, Suite 111, Huntington Beach https://www.surfcityusa.com/about- us/transparency-accountability/ 57 I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-955 MEETING DATE:11/7/2023 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: Request to receive and file the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees (BCCs) updated November 2023 Statement of Issue: The City Council is asked to approve revisions to the 2023 City Council Liaison List to Citizen Boards, Commissions and Committees (updated November 2023) that incorporate the approved actions of Resolution No. 2023-40 adopted on September 5, 2023, and Ordinance Nos. 4295, 4296 , 4297, 4298, 4299, 4300 and 4301 adopted on October 3, 2023, to streamline, consolidate, and/or dissolve a select number of the City’s Boards, Commissions, and Committees. Financial Impact: None. Recommended Action: Receive and file the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees updated November 2023. Alternative Action(s): Do not receive and file the updated list, and provide alternative direction. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees City of Huntington Beach Printed on 11/1/2023Page 1 of 1 powered by Legistar™58 CITY OF HUNTINGTON BEACH 2023 Council Liaison List Updated November 2023 Page 1 of 6 CITIZEN BOARDS, COMMISSIONS AND COMMITTEES (Appointed by City Council to Four-Year Terms) Citizen-led Legislative Bodies Council Liaisons Meeting Date/Place* Staffing Department 1.Design Review Board (DRB)Van Der Mark, Burns 2nd Thurs. Monthly, 3:30 PM Civic Center, Lower Level, B-8 Community Development 2.Harbor Commission Van Der Mark, Burns 4th Thurs. Monthly, 5:00 PM Civic Center, Lower Level B-8 Fire 3.Historic Resources Board Van Der Mark, Burns 3rd Wed. Monthly, 5:00 PM Civic Center, Lower Level B-7 Community & Library Services 4.Personnel Commission**Van Der Mark, Burns 3rd Wed. Quarterly, 5:30 PM (Jan., April, July, Oct.) Civic Center, Lower Level B-8 Human Resources 5.Independence Day Board Van Der Mark, McKeon 1st Wed. Monthly, 6:00 PM Civic Center, Lower Level B-8 Community & Library Services 6.Citizen Infrastructure Advisory Board / Public Works Commission Individual Appointments 3rd Wed. Monthly, 5:00 PM Utilities Yard, 19021 Huntington St Public Works 7.Citizen Participation Advisory Board (CPAB)Individual Appointments 1st Thurs. Monthly from Jan.- June and as needed, 6:00 PM Civic Center, Lower Level B-8 Community Development 8.Community & Library Services Commission Individual Appointments 2nd Wed. Monthly, 6:00 PM Civic Center Council Chambers Community & Library Services 9.Finance Commission Individual Appointments 4th Wed. Monthly, 5:00 PM Civic Center, Council Chambers Finance 10.Investment Advisory Board Individual Appointments 3rd Thur. Quarterly (Jan., April, July, Oct.), 6:00 PM Civic Center, B7/B8 City Treasurer 11.Planning Commission Individual Appointments 2nd & 4th Tues. Monthly, 6:00 PM Civic Center, Council Chambers Community Development 59 City of Huntington Beach 2023 Council Liaison List – Updated November 2023 Page 2 of 6 12. Sunset Beach Local Coastal Program Review Board*** N/A 2nd Tues. Monthly, 7:30 PM Nobles Family Community Center Community Development 13. ╫ Supplemental Employee Retirement Plan and Trust Board City Manager, Director of Finance/CFO, and City Treasurer Quarterly or as needed City Treasurer 14. ╫ Zoning Administrator Senior-level or higher City staff planner appointed by Director of Community Development 1st and 3rd Wednesday of every month, 1:30PM Community Development ╫ Staff only; Council Liaisons not assigned 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* Staffing Department 1. Communications Committee Strickland, Van Der Mark, Burns 4th Tues. Monthly, 3:30 PM, Civic Center, 4th Floor, CR #2 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 Civic Center, Lower Level B-8 Community Development 3. Intergovernmental Relations Committee (IRC) Strickland, Van Der Mark, Burns 3rd Wed. Monthly, 4:00 PM Civic Center, 4th Floor, CR #2 City Manager’s Office 4. Southeast Area Committee Van Der Mark, Burns, McKeon 4th Wed. Every two month (Jan. March, May, July, September, Nov.), 4:30 PM Civic Center, Lower Level Room B-8 City Manager’s Office 5. Sunset Beach Area Committee Strickland, Van Der Mark, Burns As needed Civic Center, Lower Level Room B-8 Community Development 6. Specific Events Executive Committee Strickland, Van Der Mark, Burns As needed Civic Center, 4th Floor, CR #2 Community & Library Services *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. 60 City of Huntington Beach 2023 Council Liaison List – Updated November 2023 Page 3 of 6 COUNCIL COMMITTEES (AD-HOC) (Created by City Council Action; not subject to the Brown Act) Council Committee Committee Members Meeting Date/Place* Staffing Department 1. Downtown and Beach Front Ad-hoc Council Committee Strickland, Van Der Mark, Moser As Needed Community Development OTHER CITY AND CITIZEN COMMITTEES (Community/Stakeholders Meetings w/ Roundtable format hosted by the City; not subject to the Brown Act) Citizen Group Council Liaisons Meeting Date/Place* Staffing Department 1. Homeless Task Force Van Der Mark, Burns, McKeon 3rd Wed. Monthly, 3:00 p.m. Civic Center, Lower Level B-7 Police Department 2. Huntington Central Park Collaborative Strickland, Van Der Mark Last Tuesday of the Month, 4:30-6:40 PM Civic Center, Lower Level B-8 Community & Library Services 3. Oak View Community Meetings Van Der Mark, Burns, McKeon As needed Oak View Elementary School Community & Library Services 4. School District / City Van Der Mark, Burns 3rd Mon. Quarterly, 3:30 PM Civic Center, Lower Level B-8 City Manager’s Office 61 I I City of Huntington Beach 2023 Council Liaison List – Updated November 2023 Page 4 of 6 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* Staffing 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 Thurs. Monthly, 9:00 AM Huntington Beach Art Center Community Development 3. Neighborhood Watch Van Der Mark, Burns 2nd Tues. Monthly, 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 Wed. Monthly, 6:00 PM Central Library (Room TBA) Community & Library Services 5. West O.C. Water Board (WOCWB)† $100 per quarterly meeting Burns, Van Der Mark McKeon (Alternate) 3rd Wed. Quarterly, 4:00 PM (January, April, July and October) Utilities Operations Building 19001 Huntington St. Public Works † Brown Act Applicable COMMUNITY & REGIONAL AGENCIES AND COMMITTEES (Appointed by Mayor) Name of Agency/Committee Appointee Meeting Date/ Place* 1. Association of California Cities – Orange County (ACCOC) Strickland As needed. 2. California Coastal Coalition (CalCoast) Board Van Der Mark, Burns 2-3 meetings/year, location varies 3. 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. Monthly, 10:30 AM Irvine Civic Center, City Council Chambers 1 Civic Center Plaza, Irvine 62 City of Huntington Beach 2023 Council Liaison List – Updated November 2023 Page 5 of 6 5. Orange County Power Authority (OCPA) Term: Four (4) years $212.50 per meeting (limited to a maximum of 6 meetings per month) McKeon; Strickland (Alternate) 2nd Tues. Monthly, 10 AM, Virtual Meeting via Zoom 6. O.C. Sanitation District (OCSAN) Board of Directors (Plus Committee assigned by Chair) $212.50 per meeting Burns; Van Der Mark (Alternate) 4th Wed. Monthly, 6:00 PM Virtual Meeting via Zoom / OCSD Administrative Office, 10844 Ellis Ave., Fountain Valley, CA 7. Santa Ana River Flood Protection Agency (SARFPA) Burns; McKeon (Alternate) Executive Committee Meetings: 4th Thurs, 4:00 PM January, March, May, July, September Full Agency Meetings: June, November Via Zoom 8. 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. Monthly, 9:00 AM – 2:00 PM Virtual Meeting / SCAG Office, Downtown L.A. 9. Visit Huntington Beach Advocacy Committee Strickland; Van Der Mark (Alternate) Monthly, usually Tuesday at 3:30 PM but varies. VHB Office / Zoom 155 Fifth Street, Suite 111, Huntington Beach APPOINTMENTS BY STATE & REGIONAL AGENCIES (For informational purposes only) Name of Agency/Committee Appointments 1. ACCOC – Legislative–Regulatory Committee Bolton 2. City Selection Committee-- Held with League of Cities O.C. Division Meeting Mayor or Council Member designee (prescribed) 3. League of California Cities –Orange County Division Executive Board Moser 4. League of California Cities – Environmental Quality Board Moser 5. Orange County Housing Finance Trust Moser 6. O.C. Medical Care Committee Kalmick 7. OCTA Citizen Advisory Committee Kalmick 8. SCAG - Energy and Environmental Policy Committee Kalmick 63 City of Huntington Beach 2023 Council Liaison List ‐ Updated October 2023 Page 6 of 6 Huntington Beach Housing Authority Public Financing Authority Chairperson: Tony Strickland Chairperson: Tony Strickland Vice Chairperson: Gracey Van Der Mark Vice Chairperson: Gracey Van Der Mark Commissioners: Rhonda Bolton, Pat Burns, Dan Kalmick, Casey McKeon, Natalie Moser Commissioners: Rhonda Bolton, Pat Burns, Dan Kalmick, Casey McKeon, Natalie Moser Executive Officer: Al Zelinka Executive Officer: Al Zelinka Authority Treasurer: Alisa Backstrom Authority Treasurer: Alisa Backstrom Authority Clerk: Robin Estanislau Authority Clerk: Robin Estanislau Authority Attorney: Michael E. Gates Authority Attorney: Michael E. Gates Parking Authority Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach Chairperson: Tony Strickland Chairperson: Tony Strickland Vice Chairperson: Gracey Van Der Mark Vice Chairperson: Gracey Van Der Mark Commissioners: Rhonda Bolton, Pat Burns, Dan Kalmick, Casey McKeon, Natalie Moser Commissioners: Rhonda Bolton, Pat Burns, Dan Kalmick, Casey McKeon, Natalie Moser Executive Officer: Al Zelinka Executive Officer: Al Zelinka Authority Treasurer: Alisa Backstrom Agency Treasurer: Alisa Backstrom Authority Clerk: Robin Estanislau Agency Clerk: Robin Estanislau Authority Attorney: Michael E. Gates Agency Attorney: Michael E. Gates NOTE: The Oversight Board had a 4-year term designated by California State Governor Jerry Brown that expired in 2016. The duties have since been transferred to the County of Orange who will oversee the Redevelopment projects/obligations until termination. Please refer to the Orange Countywide Oversight Board (OCOB). Auditor Controller’s Office website for detailed information at https://ocauditor.com/ob/. 64 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-954 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Brian Smith, Lieutenant Grace Yoon-Taylor, Principal Management Analyst Subject: Approve submittal of a Letter of Interest and application for CalOptima Health’s Street Medicine Program to provide preventive health, urgent care, and social services directly to homeless individuals at no direct cost to the City Statement of Issue: City Council is asked to approve and authorize the City Manager to submit a Letter of Interest and application on behalf of the City for CalOptima Health’s Street Medicine Program. If the City’s application were selected, CalOptima Health would provide street medical services to the unsheltered and/or those at risk of homelessness in Huntington Beach, at no direct cost to the City. Prior to CalOptima Health’s implementation of the program, staff would return to the City Council for additional approval on any program agreements and documents, as required. Financial Impact: There is no current fiscal impact associated with this request. If selected, CalOptima Health’s Street Medicine Program would be offered within the Huntington Beach community at no direct cost to the City. The only impact to the City would be minimal in-kind administrative support that includes City staff time for the initial planning and implementation phase and a small office space for the Street Medicine program providers to operate out of. This Letter of Interest does not obligate the City to provide any direct funding now or in the future. Recommended Action: A) Approve the submission of the City’s Letter of Interest and application to CalOptima Health’s Street Medicine Program; and City of Huntington Beach Printed on 11/1/2023Page 1 of 3 powered by Legistar™65 File #:23-954 MEETING DATE:11/7/2023 B) Authorize the City Manager to execute and submit all application documents on behalf of the City. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: In October, CalOptima Health issued a Notice of Interest Opportunity (Attachment 1) to accept letters of interest from qualified Orange County cities to participate in its existing Street Medicine Program. This Program is a new partnership-driven, in-community program to offer preventive health services, urgent care, and social services specifically to meet the unique needs and circumstances of unsheltered individuals where they are. The Program purpose is to help reduce barriers to medical care and follow-through services and prevent emergency department utilization. Earlier this year, Garden Grove was the first City selected to launch this Program in the County to deliver health care services to their homeless community, and CalOptima Health has announced an expansion to other qualified Orange County cities. The Street Medicine Program is a mobile medical clinic with two care teams (a coordination care team of two caseworkers and a medical care team of a physician assistant and registered nurse) that engage in integrated outreach, identifying unsheltered individuals in the field, and connecting them to necessary preventive, urgent, and primary care services. Such services include ongoing medical care, ordering and reading labs, prescribing medications and referrals to specialists and urgent care as needed. This Program is expected to complement and enhance the City’s existing homeless System of Care , while maintaining quality of life for the entire Huntington Beach community. To apply, the City must submit the Letter of Interest (Attachment 2) and online application by November 8, 2023. If selected, the Street Medical Program would be launched around April 2024. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 4 - Homelessness, Strategy A - Explore options to collaborate with faith and community-based organizations, the City's HB Cares Volunteer program, CalOptima, and others to provide social services in a cost-effective manner. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. City of Huntington Beach Printed on 11/1/2023Page 2 of 3 powered by Legistar™66 File #:23-954 MEETING DATE:11/7/2023 Attachment(s): 1. CalOptima Health Notice of Interest Opportunity for Street Medicine Expansion 2. Letter of Interest - City of Huntington Beach City of Huntington Beach Printed on 11/1/2023Page 3 of 3 powered by Legistar™67 68 CalOptima Health: Notice of Interest Opportunity for Street Medicine Expansion Ca/Optima Health is accepting letters of interest from Orange County cities to expand its Street Medicine Program. Application Deadline -November 8, 2023, 5 p.m. (PST) Background CalOptima Health's mission is to serve member health with excellence and dignity, respecting the value and needs of each person. In line with that mission, Cal Optima Health has made a commitment to address the health of our unsheltered members through our partnership-driven Street Medicine Program. Street medicine includes health and social services specifically developed to meet the unique needs and circumstances of unsheltered individuals. The fundamental approach of street medicine is to engage people experiencing homelessness where they are and on their own terms in order to maximally reduce or eliminate barriers to care and follow-through services. Working in collaboration with various county, city and community organizations, CalOptima Health's Street Medicine Program's ultimate goal is to improve the overall health and housing status of the unsheltered individuals served. CalOptima Health's Street Medicine Program Values and Philosophies Cal Optima Health's Street Medicine Program is a critical piece of a larger, comprehensive approach to caring for our members living on the street and on their journey home. In addition to being able to provide important preventive services, urgent care and social services, this program fosters the relationship building that is key to helping a person into a permanent home. CalOptima Health's Street Medicine Program relies on three integrated components to achieve those health and housing outcomes: (1) Outreach and engagement, (2) coordinated medical care that meets people where they are, and (3) comprehensive Enhanced Care Management (ECM) and Community Supports. The Street Medicine Program has a set of core values and philosophies that are recognized as best practices and, as research has demonstrated, drives the program toward success. First is the practice of trauma-informed care, which includes the principles of safety, choice, collaboration, trustworthiness and empowerment. In practice, this entails meeting individuals where they are both literally and figuratively. Street medicine providers meet individuals in their identified 69 home while showing the individual unconditional positive regard. The Street Medicine Program follows the philosophy of rapport first and care second, meaning the relationship the provider develops with those they serve is the foremost priority. Only once rapport is established can there be meaningful physical care. Similarly, the person must come first in street medicine, and being person-centered is a core philosophy of the program. In addition to the above, utilizing a canvassing approach is crucial to street medicine. It goes hand in hand with meeting members where they are and takes some of the work, coordination and stress off the individual, as they do not have to navigate to a brick-and-mortar location. The street medicine providers canvas an identified geographical location to both enroll new individuals and provide comprehensive medical and social care, including ECM and Community Supports. By ensuring the above philosophies and values are at the heart of the Cal Optima Health Street Medicine Program, we are confident all selected street medicine providers can effectively treat the whole person and move them towards achieving the goals of the program. Description of CalOptima Health's Street Medicine Program The foundation of Cal Optima Health's Street Medicine Program is two collaborative care teams, a coordination care team and a medical care team, that provide integrated outreach, engagement and comprehensive service provision. Collectively these teams engage in a canvassing-based approach to identify unsheltered members in the field and connect them to necessary preventive, urgent and primary care services. The coordination care team members are primarily responsible for identifying eligible members who agree to participate in the program and then providing services such as ECM, housing navigation (and additional housing-related Community Supports as applicable), routine face-to-face visits to address various medical needs and scheduling appointments with the medical care team. The medical care team is responsible for primary medical care including, but not limited to, ongoing medical care, ordering and reading labs, prescribing medications, and referrals to specialists and urgent care as needed. The medical care team offers all emolled patients the opportunity to have the street medicine providers serve as their primary care provider (PCP). Together, these teams are designed to serve a caseload of up to 200 unsheltered members. To ensure proper care and support for patients enrolled in the program, service provision standards have been established. For the medical care team, there is to be a minimum of one patient encounter with every person enrolled in the program every 45 days, with encounters varying depending on the acuity of medical needs. For the care coordination team, there is to be a minimum of one patient encounter with every person enrolled in the program per week. Services are more frequently provided based on each patient's specific needs. 70 CalOptima Health's Commitment While Cal Optima Health serves as the lead of our Street Medicine Program, we believe that a pmtnership-driven, collaborative effort between CalOptima Health and city personnel leads to the most effective and sustainable outcomes for our members living on the street. In support of this partnership, Cal Optima Health is committed to: 1. Delivering compassionate and dignified medical and social care to its unsheltered members to reduce barriers to quality medical and social care and improve the health outcomes of unsheltered individuals. 2. Collaborating with the selected cities to ensure seamless integration of its Street Medicine Program with consideration of the cities' broader endeavors to address homelessness. 3. Proactively engaging with the selected cities in the planning process and maintaining transparent communication throughout. 4. Inviting the selected cities to provide feedback on the top two provider proposals for their city. 5. Financially supporting the startup and launch of a street medicine team designed to serve a caseload of 200 unsheltered members. 6. Scheduling and chairing regular steering committee meetings and inviting all relevant stakeholders. 7. Closely supervising the providers to ensure the effective realization of the program's goals and objectives. 8. Providing routine outcome data to the cities based on the goals of Cal Optima Health's Street Medicine Program. 9. Allocating space for the street medicine providers and the van on CalOptima Health property. 10. Remaining receptive to feedback from the cities pertaining to its Street Medicine Program. City's Commitment In support of this partnership, the selected city commits to: 1. Collaborating with CalOptima Health to welcome street medicine services within the city's jurisdiction, thereby suppo1ting the compassionate and dignified treatment of its unsheltered residents in order to foster a sense of belonging within the community and improve their health outcomes. 2. Attesting their 2022 Point-in-Time Count showed a minimum of 200 sheltered and/or unsheltered individuals OR, alternatively, providing data proving such. 3. Formally recognizing CalOptima Health as the program lead and acting in suppmt of CalOptima Health's Street Medicine Program framework. 4. Providing feedback in selecting a street medicine provider. 5. Collaborating with the provider CalOptima Health selects for service provision. 71 6. Sharing data on unhoused city residents with CalOptima Health , as appropriate or needed . 7. Actively pa1ticipating in the planning and implementation of the Street Medicine Program by attending the Street Medicine Steering Committee meetings. 8. Ensuring that law enforcement and fire personnel actively engage in the collaborative efforts needed to effectively run the Street Medicine Program . 9. Allowing CalOptima Health 's Street Medicine Program to serve all zip codes within the city's jurisdiction. 10. Assisting in locating prope1ties within the city's jurisdiction that can serve as street medicine support centers in Phase II of Cal Optima Health's Street Medicine Program . 11. Supporting the Street Medicine Program launch in their city no sooner than April 2024. Evaluation Criteria Criterion Ma,imum Basis for Assigning Points Points 1. CalOptima Health core City's demonstrated commitment to value alignment, including trauma-informed, inclusive, person- commitment to treat centered programs and those that align with individuals with dignity 20 harm-reduction principles. and respect 2. Comprehensive, existing City must demonstrate experience and efforts and strategies to commitment to addressing the address homelessness 15 homelessness crisis. 3. Existing paitnerships and City must describe existing partnerships community involvement 15 that will positively contribute to the Street Medicine Program. 4. Uploaded letter of interest Application pmtal includes a letter of 5 interest that must be signed by the city manager. 5. All attestations complete Application portal includes attestations that 5 must be made regarding the Street Medicine Program. Total Earnable Points 60 72 Timeline Acti\'ity Date Portal opens Oct. 6, 2023, at 9 a.m . ~plication deadline Nov. 8, 2023, at 5 p.m . Interna l review Nov. 9-22, 2023 CalOptima Health Board of Directors Dec. 7,2023 Meetin2 Documents and Portal Access The letter of interest template, a series of qualitative questions, as well as the required city attestations will be made available on the following po1ial: https://webportalapp.com/sp/streetmedicine Questions about this opportunity? Contact Nicole Garcia, Director, Medi-Cal and CalAIM, at nicole.garcia@caloptima.org . CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 OFFICE OF CITY MANAGER AL ZELINKA, FAICP, CMSM Fax 714.536.5233 Page 1 of 1 Office: 714.536.5575 October 30, 2023 Michael Hunn Chief Executive Officer CalOptima Health 505 City Parkway West Orange, CA 92868 Subject: Letter of Interest – CalOptima Health Street Medicine Program Dear Mr. Hunn, I am writing on behalf of the City of Huntington Beach to express our keen interest in collaborating with CalOptma Health as a host city for the expansion of CalOptima Health’s Street Medicine Program in 2024. We have received and agreed to the attestations within the online platform for CalOptima Health’s Street Medicine opportunity and this letter reflects our commitment to be a collaborative partner if our City were to be selected. We recognize the importance of integrating our resources and expertise with your existing Street Medicine Program and our City is committed to addressing the health care needs of its unsheltered neighbors and those at risk of homelessness in a holistic way. Sincerely, Al Zelinka City Manager CC: Mayor Tony Strickland and members of the City Council Travis Hopkins, Assistant City Manager Eric Parra, Police Chief Acting Captain Brian Smith Jessica Kelley, Social Services Supervisor 73 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-849 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Kriss Casanova, Economic Development Manager Subject: Approve Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for Fiscal Year (FY) 2023-24 Statement of Issue: In 2014, the Huntington Beach Tourism Business Improvement District (HBTBID) was formed pursuant to the California Property and Business Improvement District Law of 1994, which authorized special benefit assessment districts to raise funds within a specific geographic area. The purpose of the HBTBID is to increase overnight lodging sales with targeted marketing and promotions. Funding for the marketing programs and activities of the HBTBID are derived from assessments collected from lodging businesses operating within the City of Huntington Beach (City) boundaries. The current assessment rate is four percent (4%) of gross short-term lodging revenue from room rentals under 30 days. Visit Huntington Beach (VHB), a non-profit 501(c)6 organization, serves as the HBTBID’s Owners’ Association. VHB is responsible for implementing the programs identified in the Management District Plan (MDP) and for submitting an annual report to the City Council for their approval in accordance with California Property and Business Improvement District Law of 1994. Financial Impact: There is no financial impact associated with the recommended action. Recommended Action: Approve the Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for FY 2023-24. Alternative Action(s): Do not approve, and request VHB to modify the Annual Report. City of Huntington Beach Printed on 11/1/2023Page 1 of 5 powered by Legistar™74 File #:23-849 MEETING DATE:11/7/2023 Analysis: Background Promoting Huntington Beach as a desirable tourism destination and increasing the City’s lodging brand awareness is essential to the City’s continued economic vitality. In 2014, the HBTBID was formed pursuant to the California Property and Business Improvement District Law of 1994, which authorized special benefit assessment districts to raise funds within a specific geographic area. This approach has been used successfully in other tourist destination communities throughout California to increase demand for room night sales at lodging businesses. The purpose of the HBTBID is to increase overnight room night sales with funding dedicated to marketing and public relations, group sales, and visitor services enhancements. Funding is derived from assessments and revenues collected from all lodging businesses, existing and in the future, available for public occupancy located within the City boundaries, which include Sunset Beach. HBTBID is comprised of approximately 21 hotels/motels and 225 short-term rentals (STRs). Visit Huntington Beach (VHB), a non-profit 501(c)6 organization, serves as the HBTBID’s Owners’ Association and is charged with managing funds and implementing programs in accordance with the HBTBID Management District Plan (MDP). The City collects the assessments from the lodging businesses, monthly for hotels/motels and quarterly for STRs, and then distributes the funds to VHB. The HBTBID term runs through June 30, 2028. The current assessment rate is four percent (4%) of gross room rental revenue for short-term stays. This assessment is separate from the City’s ten percent (10%) Transient Occupancy Tax (TOT). In 2019, the HBTBID was renewed and the assessment rate was increased by one percent (1%), from three percent (3%) to four percent (4%). At the same time, a Memorandum of Understanding (MOU) between the City and VHB was replaced with a TBID Management Agreement that sets forth the duties and responsibilities of the City and VHB. The MOU required the City to convey one percent (1%) of the City’s TOT revenue to VHB. This TOT revenue sharing was eliminated in the TBID Management Agreement, which provided that 100% of TOT revenues would be retained by the City and that funding to VHB would remain unchanged with the one percent (1%) assessment rate increase. VHB consists of approximately 14 staff members and 22 board members dedicated to promoting tourism to Huntington Beach and increasing overnight stays in Huntington Beach hotels and short term rentals. VHB is responsible for implementing the activities and services identified in the MDP and for submitting an annual report to the City Council for approval. Annual Report VHB has submitted its Annual Report (Attachment 1), which summarizes the programs and activities for FY 2023-24. Core goals for the upcoming year include strengthening and enhancing Huntington Beach’s Surf City USA® brand, marketing and promoting Huntington Beach as a tourism destination, increasing occupancy at Huntington Beach lodging properties, establishing partnerships within the tourism community, better positioning Huntington Beach as a filming destination, and expanding a presence in emerging markets for tourists. City of Huntington Beach Printed on 11/1/2023Page 2 of 5 powered by Legistar™75 File #:23-849 MEETING DATE:11/7/2023 VHB will continue to leverage Visit California’s tourism efforts and extend its presence into key domestic markets to ensure Huntington Beach is well positioned to attract a balanced and wide range of visitors. Key markets include California, Phoenix, Dallas, Seattle, Chicago, New York, and other border states, while increasing and/or re-engaging in Tier 1 international markets (United Kingdom/Ireland, Canada, Mexico) and Tier 2 international markets (Australia/New Zealand, Japan, and Germany). VHB’s initiatives and programs for the upcoming year will focus on four areas in line with goals of their Strategic Plan for FY 2023-26: 1. Driving Global Brand Awareness - Programs that increase the visibility of Huntington Beach and the Surf City USA® brand as the quintessential California beachside experience by strategically targeting key media, travel trade, meeting planners, and leisure and business travel markets around the globe to increase overnight visitation, visitor spending, and events/group meetings. • Launch soft season campaigns highlighting HB lifestyle pillars of outdoors, wellness, family, active sports, dining, and shopping as micro-campaigns designed to encourage visitation and overnight stays. • Leverage Visit CA’s “CA Road Trips” “Kidafornia” and “Ultimate Playground” themes. • Promote 2023 ISA World Para Surfing Championships (NOV 2023). • Issue a Request for Proposal for a creative agency of record. • Attend two of the largest sales trade shows (IMEX 2023 & IPW 2024). • Launch Show Your HB Love 2024 marketing campaign. • Leverage the World Cup and LA28 to expand global destination brand awareness and secure offsite activations. 2. Enhancing Destination Stewardship - Programs that help ensure that the places to eat, shop, play, and stay in Huntington Beach are enjoyed by residents and visitors alike, and that those experiences are fun, unique, accessible, memorable, and inspire repeat visitation. • Develop outreach and education to enhance customer service for all visitors including international and accessible communities. • Engage in discovery research towards accessible certified destination. • Survey key customer user groups to better understand ways to increase the frequency of booking meetings and special events in Huntington Beach. • Help implement pertinent destination improvements recommended by Responsible Hospitality Institute’s sociable city assessment. 3. Championing the Value of Tourism - Programs that educate residents, visitors, local businesses, government officials, and community stakeholders on the vital role of the travel & tourism industry and provide a greater understanding of its impacts and benefits. • Seek approval of the assessment rate modification for the Huntington Beach Tourism Business Improvement District. • Develop annual Tourism 101 forum to help residents and businesses gain a greater City of Huntington Beach Printed on 11/1/2023Page 3 of 5 powered by Legistar™76 File #:23-849 MEETING DATE:11/7/2023 understanding of the local tourism industry. 4. Prioritizing Organizational Effectiveness and Culture - Programs that ensure VHB’s spirit of service is operating at optimal efficiency and, as Huntington Beach’s destination management organization, is consistently delivering on its Mission, Vision, and Brand Promise to visitors and residents. •Develop customer sentiment survey. The following matrix summarizes the proposed revenues and expenditures to be funded with assessments for FY 2023-24. HBTBID Reporting Year FY 2023-24 Revenues Estimated TBID Assessments $7,090,560 Retail, Web Ad, Walking Tour Sales $21,220 Total Revenues $7,111,780 Estimated Carry-over from Previous Fiscal Year $459,200 Total Funds Available $7,570,980 Expenditures Tourism Enhancement Programs (83%)$6,301,912 Administration (15%)$1,154,067 Contingency/Reserve (2%)$115,000 Total Expenses $7,570,979 VHB bases its revenue assessment projections on several factors, which vary and include anticipated group meetings business, return of more signature events, weather, anticipated demand, hotel partner projections and the addition of STR inventory. Assessment revenues for FY 2023-24 are estimated to be approximately four percent (4%) higher than last year and are budgeted at $7,090,560. This amount does not include a one percent (1%) administration fee retained by the City for collecting and disbursing assessment revenues. Total revenues also do not include a rollover of $459,200 from FY 2022-23 but are included in the total funds available for FY 2023-24. These funds have been allocated to Tourism Enhancement Program projects for the upcoming year. Administration expenditures (15%) fund the administrative staffing costs, office costs, and other general costs such as insurance, legal, and accounting fees. The majority of expenditures fund Tourism Enhancement Programs (83%) which include a wide variety of services and programs and the associated staff time of two sub-programs: sales and marketing and visitor services enhancements. A summary of each sub-program is provided below and more detail can be found on page 28 of the Annual Report: • Sales & Marketing - The sales and marketing program promotes assessed lodging businesses City of Huntington Beach Printed on 11/1/2023Page 4 of 5 powered by Legistar™77 File #:23-849 MEETING DATE:11/7/2023 • Sales & Marketing - The sales and marketing program promotes assessed lodging businesses as tourist, meeting, and event destinations with a central theme of promoting the Huntington Beach destination brand as a desirable place for overnight visits. Goals of the program include increasing overnight visitation, room night sales at assessed lodging businesses, and visitor expenditures. • Visitor Services Enhancements (VSE) - The VSE program includes initiatives based on criteria to be developed by VHB and reviewed and approved with the City with a focus on the entire destination footprint to ensure a consistent brand experience throughout Huntington Beach. Current programs include the Nighttime Ambassador Program partnership with the Downtown Business Improvement District, the Visitor Information and Digital Information Kiosks at Pier Plaza, Visitor Info Booth at key events, Team Surf City USA Volunteer Program, and VHB staff guided Downtown and Surf Themed Historical Walking Tours, Barrel Trail, Scavenger Hunt, and Photo Trail, designed to keep visitors longer in HB. The budget was approved by VHB’s Board of Directors at its June 27, 2023 meeting. The City Council may approve the Annual Report or may modify any section contained in the Annual Report and approve it as modified. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a physical change in the environment and do not commit the lead agency to any specific project, do not constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines Section 15060(c)(3). Strategic Plan Goal: Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Visit Huntington Beach FY 2023-24 Annual Report 2. Powerpoint presentation - HBTBID FY 2023-24 Annual Report City of Huntington Beach Printed on 11/1/2023Page 5 of 5 powered by Legistar™78 VISIT HUNTINGTON BEACH FY 23-24 ANNUAL REPORT 1 79 . . "· . --. VISIT HUNTINGTON BEACH 2 at FY 22-23 HIGHLIGHTS VISIT HUNTINGTON BEACH 3 IN HUNTINGTON BEACH Source: Lauren Schlau Consulting, Inc., CIC Research, Inc., in conjunction with the City of Huntington Beach 81 4 Source: Lauren Schlau Consulting, Inc., CIC Research, Inc., in conjunction with the City of Huntington Beach 82 Note: May-June 2023 extended campaign produced additional 8.24M impressions, and 11,950 clicks outpacing overall projections by 53% rc #BE HERE MARKETING CAMPAIGN Impressions: 4.6M Clicks : 5,017 CTR: 0 .11" Room Nict,ts : 3,360 Gross Booking: $858k -...-;_ ~ Note: To date, earned two more Awards post-FY 22- 23 time period. SURFCITYUSA.COM rm Welcome To Huntington Beach, California-Surf City, usA· TMINOS TO DO lYlNJI ..UN YOUI VllrT Huntington Beach ----- .,. °"' U5Aa Y'9I 1tOI Pll:JllpOn SOCIAL MEDIA Community •Instagram Followers: 109,550 •Facebook Followers: 84,342 •LinkedIn Followers: 3,007 •Pinterest Followers: 2,052 •TikTok Followers: 914 •91% of 1,000 follower threshold that permits TikTok live content Engagement •Instagram Total Engagements: 179,600 •Facebook Total Engagements: 10,800 •LinkedIn Total Engagements: 93,219 Referral Traffic •146,283 Total Social Media Referrals 7 Increased all social media engagement and communities by 25% 85 KEY MARKETING METRICS <mo2022120231 Otl •V. '-C~-0.,,we'd~toceitbfMllN orpl'NM10n11Nlheippro1Ktthe'flidYl-fl#ldM'Oul"d .....,_.,.c d ',,, -~~-·-._. ----.. --· n-ilYDUlorke-.OUl'CO!ftTU'lityanditl~ bNuldu!MdhHltn\'lorllllO~ ~-~~ ( Posts Vi sit Huntington Be.1eh Oac.5. 2022 Id Wt have 3 tlctr.ets leh for 1h11 Thursday's HIStOtleM Downtown Huntington Beach Walking TOl#! The tour begins 11 :3pm It the VISllor lnlorrnallon Kiosk located II the base of the Huntington Beach Pier. Our guide will take you through a stroll ol Downtown. sharing l"t1erestlng fac:ts and s:tories from the past. Tickets ant just S5 a.ch -,\Cl lnctude I surprise at the end. we hope to ·sea· you thefel 1 commen1 1 stwe Recent Coverage Accolades / Best of OC FAMs PRESS TRIP RESULTS TO DATE VHB HAS HOSTED AUDIENCE: AND HOSTED PRESS TRIPS Surpassed FY End Goal by 1 Surpassed FY End Goal by 2 8 Allison Tibaldi Jaime Damak Je suis une maman Steve Hartridge Selling Travel Latifah Al-Hazza Travel + Leisure Solmaz Khosrowshahian @thecuriouscreature Total Audience: 48.8k Andre Torre @andreatorreh Total Audience: 809k USA Today Sarah Gilliland Wealth of Geeks Barry Choi Money We Have VIEWS: Note: Metrics are for press trip media coverage only. LOCATIONS: 86 PUBLIC RELATIONS 71 ~~[f[!JlJJrn~~rn~ ~ @{2[1\YA] ~@@[[ (ill~ ~ IA\l!!J~ !Im~@ WIK MEDIA COVERAGE HIGHLIGHTS 9 87 9 Spring Break Destinations for Sunseekers ............ ., ................. ._. ................ ...._ ~ TRAVEL __ ?'l'-, AWAITS 15 Beautiful Beaches In The U.S . Our Readers Love s. Huntington State/City Beach Huntington State/City Beach, California PUBLIC RELATIONS Daily Pilot l oll••"lf--n pids Surf Cil)' to um~il ,11-dectric l!u, up<btc InsideHook A Pro Surfer's Guide to Ca lifornia's Best Surf Towns H.....,... .... -....lt'fltS...,.....,__,.._._f ... --' ... ... __ Daily Pilot Forbes 4 Winter Road Trips You Need To Take Right Now TH OIW\.'GE COU NT Y ~ USATODAY W 10Best Your complete guide to pickleball and the coolest courts in the country REGISTER ®CBS NEWS L'5.A Wbr'ldhn5Wllnl~ptombtc10 HW\lillCtonlMcllll SoCal Spotl ight: Exploring Hunti ngton Beach bJ1Qndcd Surf Cit)· N"ights n.1ums in I luncirwton lk71l-h HOSTED A SUCCESSFUL CA CUP 2023 10 In April 2023, Visit Huntington Beach was honored to host California Cup Golf Invitational 2023.The 4-day long event brought together 75 international travel trade buyers and California suppliers for HB experiences, business development, and industry networking.Each year, CA Cup Invitational gives back to a local charity through funds raised from international and CA auction prizes. The Waymakers Huntington Beach Youth Shelter was selected and received a record $16,000 to benefit the Local families and youths they serve. ONLY U.S. DESTINATION PARTNER ON INAUGURAL AUTISM AVIATION DAY AT VICTORIA INTERNATIONAL AIRPORT Supporting Air Canada, the Air Canada Foundation, and CAN (Canucks Autism Network) community’s inaugural Autism Aviation Day, VHB welcomed over 50 individuals including children on the autism spectrum.The event provided an opportunity for youth on the autism spectrum (and their families) to rehearse the entire pre-flight process; the goal is to increase autism accessibility and encourage future travel. 88 TOURISM DEVELOPMENT :1:: 1+1 1 ,1 VISIT HUNTINGTON BEACH •Attended three sales mission in each Tier 1 Market to meet with product managers, give agent trainings, and attend sales calls. •Attended two trade shows for a cumulative 102 one-on-one appointments. CA STAR: 183 UK & MEXICO SALES MISSIONS: 250 AGENCIES: 300+ 11 GO WEST: 40 IPW 2023: 62 CA CUP: 35 SALES MISSIONS AND TRADE SHOWS 89 TOURISM DEVELOPMENT ~~y y~~ ~~ ONE-ON-ONE APPOINTMEffl I AGENT TRAININGS INTERNATIONAL FAMS ~~ 1+1 1·;1 ~ ~ 6 VISIT S 11 ,~ HUNTINGTON BEACH S If C IA VISIT HUNTINGTON BEACH 1212 lt TOURISM DEVELOPMENT NETFLIX prime video '~,,,,,, ~fsNEf Television Studios I I toocl>atc>Ae -~ , Ul1-Hilll.on ''-NBC 13 lS GROUP SALES 36 lE GROUP SALES Smart meetings P">">(" ti.JI tq• the p-.,,~nt ('. 'JI ,t c'ri 15 QUICK HITS VISITOR SERVICES •$17,000+ in retail sales •12,000+ inquiries •26 walking tours •23 special events •4 new visitor experiences •3 active volunteers •2 community giveback events PARTNER SERVICES •2,000+ partner referrals •400+ partner engagements •8 partner events •263 attendees lO VISITOR & PARTNER SERVICES 16 FY 2022 — 2023 AWARDS •FiredUp! Culture “Best Team Culture” Award (one of 30 organizations nationally) •A best places to work accolade to be revealed in early July •Destinations International DMAP with Distinction accreditation renewal (one of 20 organizations globally) PROGRAMS •Completed 2023-2026 Strategic Plan •Held successful HB Tourism Summit (HBTourismSummit.com) •Conducted senior team 360 surveys, followed by one-on-one executive coaching, and a full team culture survey and workshop with FiredUp! Culture •Clean annual audit with no significant findings •Transitioned to cloud -based phone system and initiated transition to digital accounts payable process l/ ADMINISTRATION VISIT HUNTINGTON BEACH 17 lM FY 23-24 PROGRAM OF WORK VISIT HUNTINGTON BEACH FY 23-24 Program of Work tied to VHB 2023-2026 Strategic Plan 18 6H Programs that increase the visibility of Huntington Beach and the Surf City USA ® brand as the quintessential California beachside experience by strategically targeting key media, travel trade, meeting planners, and leisure and business travel markets around the globe to increase, overnight visitation , visitor spend, and events/group meetings. • Launch soft season campaign highlighting HB lifestyle pillars of outdoors, wellness, family, active sports, dining, and shopping as micro-campaigns designed to encourage visitation and overnight stays. Leverage Visit CA's "CA Road Trips" "Kidafornia" and "Ultimate Playground" themes. • Promote 2023 ISA World Para Surfing Championships (NOV 2023) • Issue an RFP for a creative agency of record. • Participate in two of VHB's largest trade shows (IMEX 2023 & IPW 2024). • Launch Show Your HB Love 2024 campaign. • Leverage the World Cup and LA28 to expand global destination brand awareness and secure offsite activations. Programs that educate residents, visitors, local businesses, government officials, and community stakeholders on the vital role of the travel & tourism industry and provide a greater understanding of its impacts and benefits. • Seek HBTBID modification approval. • Develop annual Tourism 101 forum to help residents and businesses gain a greater understanding of the local tourism industry. Programs that help ensure that the places to eat, shop , play, and stay in Huntington Beach are enjoyed by residents and visitors alike, and that those experiences are fun, unique, accessible , memorable, and inspire repeat visitation . • Develop outreach and education to enhance customer service for all visitors including international and accessible communities . • Engage in discovery research towards accessible certified destination. • Surveying key customer user groups to better understand ways to improve the ability to increase the frequency of booking meetings and special events in Huntington Beach . • Help implement pertinent destination improvements recommended by RHI Programs that ensure Visit Huntington Beach's spirit of service is operating at optimal efficiency and, as Huntington Beach's destination management organization, is consistently delivering on its Mission, Vision, and Brand Promise to visitors and residents . • Develop customer sentiment survey. 19 FY 23/24 VHB MARKETING PROGRAM lc MARKETING FY 2023/2024 , .. or • . • '"' .. . .. VHB MARKETING PROGRAM I I I I I I VISIT HUNTINGTON BEACH CAMPAIGNS Soft Seas on campaig n Sho w You r HB Love I I I I I I NTTW I I I I I I • VISIT CALIFORNIA PARTNERSHIP PROGRAMS Expe di a State Co-op Ada ra I I I I I I Trl pA dvlsor E-New slener I I I I I I CA Gul de I I I I I I INSPIRATION PROGRAMS Google Adwords OTT Streaming Vi deo I I I I I I Mobi le Video Cross Pl atfor m Di spl ay I I I I I I Uber Tracking Pixel Fa cebook Ads I I I I I I l nsta gra m Ads Pi nterest Ad s I I I I I I Ll nkedl n Ads I I I I I I Industry Print Ads I I I I I I HB Visitor Gui de KT LA Surf Re pon and Ad I I I I I I CONVERSION PROGRAMS Expe di a ca m paign YouTube Retargetl ng I I I I I I Device ID Reta rRet i nR AR ES I I I I I I GROUP SALES PROGRAMS Non hsta r Meeting s I I Sma n M eetings I I I I I I MPI I I I M eet i ngs Today I I I I I I Connect M eet i ngs -I I Tradeshows I I I I I I Group Sales New sl ener - - - - I I I - - - - - - - - SOOAl MEDIA COMMUNICATIONS Fa ce book Tw i ner I I I I I I l nst aara m Pl nterest I I I I I I Li nkedl n YouTube I I I I I I Blog Content Leisure Ne w sl ener I I Influencers I I VISIT HUNTINGTON BEACH FILM WEBSITE & SOCIAL MEDIA LEISURE MARKETINGGROUP SALES MARKETING PUBLIC RELATIONS RESEARCH TOURISM DEVELOPMENT 20 Website SEO/SEM Social Media Social Media Ads E-Newsletter Influencers Video VR Content Travel Trends Hotel Performance Consumer Sentiment Geo-Location Tracking Airlift Reports Economic Impact Spend Data Forecasting Reporting Local National International Media Coverage Editorial E-Newsletter FAMs Media Missions Trade Shows Crisis Management Influencers Pitching Stories Agency of Record Media Buying Visit CA Co-ops Advertising Blogs Itineraries E-Commerce Partnerships Broadcast Photography Video Events PAID MARKETING MIX •Visit Huntington Beach Campaigns •Visit CA Partnership Programs •Inspiration Programs •Conversion Programs •Segmented Marketing •Group Sales Marketing Trade Shows Sales Missions FAMs Social Media E-Newsletter Media Buying Events Site Inspections IPW 2024 Activation Trade Shows Sales Missions FAMs Destination Accessibility Agent Trainings STVR Program Events Trails Social Media 98 M RK IN Ml MARKETING FY 23-24 Media Buy Campaign Flight •November 2023 – April 2024 Targeting • Laid Back Lux Traveler (age 38-57, $142K/year + HHI, No Kids) •Active Family Traveler (age 30-39, $130K/ year + HHI; Kids) •Mid-Income Millennial (age 20-38, $114K/year + HH; No Kids) •Markets: Drive Markets; Flight Markets; Canada Messaging • Cultivate Surf City USA Brand •Trigger Active Consideration •Drive Marketing Development (micro campaigns). Platforms • Display & Native Advertising •OTAs & Programmatic •Device ID Retargeting •Social Media •OTT Streaming Video •Visit California Fall & Spring co-ops contributes a 50% match •Broadcast (KTLA Surf Report + 30 second on-air ad) 21 99 MARKETING •AGENCY OF RECORD •ANNUAL MARKETING CAMPAIGN •“CONTENT ENGINE” STRATEGY •VISIT CALIFORNIA FALL 2023 CO-OP •SURF CITY MARATHON •PACIFIC AIRSHOW •2023 US OPEN OF SURFING •2023 ISA PARA SURFING GAMES •SHOW YOUR HB LOVE 2024 •VISIT CALIFORNIA SPRING 2024 CO-OP PUBLIC RELATIONS •IPW 2024 TOURISM DEVELOPMENT •IPW 2024 •ACCESSIBLE TRAVEL 22 100 MARKETING FY23/24 SURF CITY USA UN~ERED ~, •IMEX AMERICA •PREFERRED PARTNERSHIPS •PRESTIGE GLOBAL MEETING SOURCE •HELMS BRISCOE •HPN GLOBAL •CONFERENCE DIRECT •CALIFORNIA DMO ALLIANCE •IN–MARKET CLIENT EVENTS •HB COLLECTION BEACHWIDE FAM IN CONJUNCTION WITH THE PACIFIC AIR SHOW 23 101 GROUP SALES FY23/24 VISIT HUNTINGTON BEACH NEW INITIATIVES: •TEXT-BASED VISITOR CHAT SERVICE •CUSTOMER SENTIMENT SURVEY •RETAIL SALES PLAN •ART WALKING TOUR •SUPPORT FOR IPW 2024: LOS ANGELES •TBD: MOBILE EVENT BOOTH CONTINUING PROGRAMS: •HISTORICAL WALKING TOURS •TEAM SURF CITY USA® VOLUNTEER PROGRAM •THRESHOLD 360 VIRTUAL TOURS •PARTNER EDUCATION SERIES •BARREL TRAIL •SCAVENGER HUNT 24 102 VISITOR& PARTNER SERVICES FY23/24 25 FY 2023 — 2024 OPERATIONS •TBID modification •Expanded retail sales program •Office maintenance to improve facilities •Ensure HR policies and procedures remain competitive to retain staff ADVOCACY •Targeted marketing support for US Open of Surfing, Pacific Airshow, and ISA Para Surfing Championships •Support for community events and organizations, such as ISM, Chamber events including Economic Development Conference, Surfing Walk of Fame, and Pier Snowflakes •Continued engagement with elected representatives to keep the value of tourism in HB top of mind StO ADMINISTRATION VISIT HUNTINGTON BEACH 26 St/ 2B 0 27 * Estimated TBID Assessments does not include the 1% admin fee retained by the City of HB. Total Revenues does not include a rollover of $459,200 from FY 2022-2023. These funds have been allocated to Tourism Enhancement Program projects for FY 2023-2024. StM VHB FY 23-24 BUDGET HBTBID Reporting Year FY 2023-24 Revenues Estimated TBID Assessments $7,090,560 Retail, Web Ad, Walking Tour Sales $21,220 Total Revenues* $7,111,780 Expenditures Tourism Enhancement Programs** $6,301,912 Administration $1,154,067 Contingency/Reserve $115,000 Total Expenses $7,570,979 Estimated Carry-over from Previous Fiscal Year $459,200 Estimated In-Kind Contributions $0 28 **The Tourism Enhancement Program sourced from the Visit Huntington Beach Master Development Plan will promote and provide activities and improvements to assessed lodging businesses through the implementation of two sub-programs: sales & marketing and visitor services enhancements. A summary of each sub-program is provided below: Sales & Marketing The sales and marketing program will promote assessed lodging businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting the Huntington Beach destination brand as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed lodging businesses, and may include the following activities which are designed to drive overnight visitation and room sales to assessed lodging businesses: •Increased advertising and promotional programs in print, online, social media, and television targeted at potential visitors to drive overnight visitation and room sales; •Website enhancements and updates; •Strategic advertising and marketing agency support; •Contract with third party marketing and sales partners; •Public relations, sales blitzes, missions, and calls; •Familiarization tours targeting key decision makers; •Preparation and production of collateral promotional materials such as visitor guides, brochures, flyers, and maps; •Video development for destination experiences and visuals; •Attendance at professional industry conferences and affiliation events; •Lead generation activities designed to attract tourists, leisure visitors, and group events to Huntington Beach; •Partnerships with targeted special events that attract overnight visitors; and •Research designed to identify potential markets for increasing the customer base. Research is also used to convert visitor requests to actual travel, to identify the economic impact tourism has to Huntington Beach, and to maintain a Visitor Profile for use in marketing efforts. •Cooperation with local agencies and film commission programs that attract overnight visitors. Visitor Services Enhancements The Visitor Services Enhancements (VSE) program will provide funding for programs and initiatives based on criteria to be developed by VHB and reviewed and approved with the City. The focus for the VSE program will be on the entire destination brand footprint to ensure a consistent brand experience throughout Huntington Beach. VSE may include the following programs which are designed to drive overnight visitation and room sales to assessed lodging businesses: •Development of activities and/or products designed to keep visitors in the destination for an increased duration of time throughout the year. •Connectivity plan that links Pacific City, downtown HB, Hotels, the Strand, and adjacent visitor experiences. Support of a trolley or transportation program connecting hotels to downtown Huntington Beach, The Pier, or other attractions; and •Support of a long-term ambassador and/or security program with trained staff that supplement the current level of police presence to improve the overall destination experience and encourage overnight visitation or a fulltime dedicated police officer to ensure tourism safety; •Welcome center and kiosk improvements including new technology-driven visitor information enhancements; •Brand-centric visitor services training program for both public and private sector staff Sto VISIT HUNTINGTON BEACH 29 The purpose of the HBTBID is to increase overnight room sales with targeted marketing and promotions. Funding is derived from assessments and revenues collected from all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Huntington Beach.These boundaries will not be changing. The current assessment rate is 4% of gross short-term room rental revenue which is separate from the 10%in Transient Occupancy Tax that the City collects. Assessments fund the marketing and sales promotion efforts to improve tourism and drive additional room nights to the lodging businesses. Tourism enhancement programs include marketing and public relations, group sales, and enhancements for visitor services. The HBTBID was renewed in 2019 and runs through June 30, 2028. Visit Huntington Beach (VHB) is a non-profit 501(c)6 organization that serves as the HBTBID’s Owners’ Association. VHB consists of staff and board members dedicated to promoting tourism to Huntington Beach to increase overnight stays in Huntington Beach hotels. VHB is responsible for implementing the activities and services identified in the Management District Plan (MDP) and for submitting an annual report to the City Council for their approval. Stc HUNTINGTON BEACH TOURISM BUSINESS IMPROVEMENT DISTRla (HBTBID) CITY OF HUNTINGTON BEACH PACIFIC. OClA>; THANK YOU 30 108 VISIT HUNTINGTON BEACH November 7, 2023 Approve the Huntington Beach Tourism Business Improvement District (HBTBID) Fiscal Year (FY) 2023-24 Annual Report 109 .-...::::-__ _ - --------------.-= ------ ~ Background •HB Tourism Business Improvement District (HBTBID) formed in 2014 pursuant to the CA Property and Business Improvement District Law of 1994 •HBTBID purpose is to increase overnight room sales with funding dedicated to marketing and public relations, group sales, and visitor services enhancements •Funding derived from assessments collected from lodging businesses operating within City boundaries •HBTBID was renewed in 2019 and runs through June 30, 2028 •HBTBID’s Owners’ Association must prepare an Annual Report for Council approval 110 VISIT HUNTINGTON BEACH SU RF CITY USA ® HBTBID •Comprised of approx. 21 hotels/motels and 225 Short Term Rentals (STRs) •Current assessment rate is 4% of gross short-term room rental revenue •Boundary includes all lodging businesses, existing and in the future, available for public occupancy within the City •Total assessments approximately $7 million for FY 23-24 •City collects assessments monthly from hotels/motels and quarterly from STRs 111 GA R D E GROV E FR EE W GARD E N RO V E F R EE Y I \___, I ,-----__] ~/ CITY OF ~ HUNTINGTON BEACH PACIFIC OCEAN Visit Huntington Beach (VHB) •Visit Huntington Beach (VHB), a non-profit 501(c)6 organization, serves as the HBTBID Owners’ Association •Consists of 14 full-time staff members and 22 board members dedicated to promoting tourism to HB to increase overnight lodging stays •Responsible for implementing the programs identified in the Management District Plan (MDP) and for submitting an annual report to the City Council for approval •Agreement between City and VHB to manage the HBTBID’s funds and activities 112 ' HUNTINGTON BEACH SURF CITY USA TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FY 23-24 Annual Report Per Streets and Highways Code §36650, Annual Report must contain: •Any proposed changes to boundaries/benefit zones/classifications; •Improvements/maintenance/activities for that FY; •Cost estimate of providing the improvements/maintenance/activities for that FY; •Method and basis of levying the assessment; •Estimated amount of any surplus/deficit from a previous FY; and, •Estimated contributions to be made from other sources. 113 VISIT HUNTINGTON BEACH FY 23-24 ANNUAL REF!ORT FY 22-23 Highlights •Marketing Campaigns o #BeHere 3.0 o 2022 WSL Vans US Open of Surfing o 2022 ISA World Surfing Games •Launched redesigned website •Produced HB Tourism Summit •Hosted 16 journalists and 7 influencers •Conducted 733 total travel agents •Success of HB Collection Beachwides 114 FY 23-24 Work Program •Driving Global Brand Awareness - Increase visibility of HB/Surf City USA® brand by targeting key media, travel trade, meeting planners, and leisure/business travel markets to increase overnight visitation, visitor spending, and events/group meetings. •Enhancing Destination Stewardship - Ensure that HB places to eat, shop, play, and stay are enjoyed and experiences are fun, unique, accessible, memorable, and inspire repeat visitation. •Championing the Value of Tourism - Educate on the vital role of the travel & tourism industry and provide greater understanding of its impacts and benefits. •Prioritizing Organizational Effectiveness and Culture - Ensure VHB’s spirit of service is operating at optimal efficiency and consistently delivering on its Mission, Vision, and Brand Promise. 115 6 VISIT ~ HUNTINGTON I BEACH FY 2023-24 Budget INCOME Estimated TBID Assessments $7,090,560 Retail, Web Ad, Walking Tour Sales $21,220 Total Revenues $7,111,780 Estimated Carry-over from Previous FY $459,200 TOTAL FUNDS AVAILABLE $7,570,980 EXPENDITURES Tourism Enhancement Programs (83%)$6,301,912 Administration (15%)$1,154,067 Contingency/Reserve (2%)$115,000 TOTAL EXPENDITURES $7,570,979 116 Expenditures Administration expenditures (15%) - Operational staffing costs, office costs, and other (insurance, legal, and accounting fees). Tourism Enhancement Programs (83%) - Variety of services/programs and associated staff time through two sub-programs: •Sales & Marketing - Promotes assessed lodging businesses as tourist, meeting, and event destinations with a central theme of HB destination brand as a desirable place for overnight visits. Goals include increasing overnight visitation and room night sales. •Visitor Services Enhancements (VSE) - Focus is on the entire destination brand footprint to ensure a consistent brand experience throughout HB. 117 Approve the HBTBID Annual Report for FY 2023-24 Recommendation 118 Questions? 119 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-940 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Kriss Casanova, Economic Development Manager Subject: Approve and authorize execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce to formally establish a partnership that defines the roles and responsibilities of both parties Statement of Issue: The Huntington Beach Chamber of Commerce (Chamber) was established in 1904 as a non-profit, voluntary association of local businesses with a common goal to strengthen and grow the business community by connecting, supporting, promoting and advocating for local businesses. As a leading proponent for Huntington Beach business interests, the Chamber currently has more than 400 members. The Chamber is one of the City of Huntington Beach’s (City) primary economic development partners, and its mission is consistent with and complementary to the City Council’s Strategic Plan goals of ensuring business retention, local investments, and job growth in Huntington Beach. The City has previously supported the Chamber by partnering on annual events such as the State of the City and the Mayor’s Breakfast, and occasionally waiving room rental fees for Chamber events at City facilities. Currently, the exchange of support offered by both parties is not clearly defined with regards to the amount of funding, both monetary and in-kind, to be provided each year to promote local economic and business development. The intent of the proposed Memorandum of Understanding (MOU) (Attachment 1) is to formally establish a partnership that defines the roles and responsibilities of both parties and to provide certainty and predictability in terms of the amount of funding to be provided by both parties each year. Financial Impact: Sufficient funds for the annual fees associated with Chamber membership ($2,500) are available in the Fiscal Year 2023/24 Operating Budget for the Community Development Department, Economic Development Division’s Business Unit 10080101.69505. In addition, City facility room rental fees to facilitate business or economic development events will be waived in a total annual amount not to City of Huntington Beach Printed on 11/1/2023Page 1 of 4 powered by Legistar™120 File #:23-940 MEETING DATE:11/7/2023 exceed $9,800 per year. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: The Chamber provides valuable resources and services to Huntington Beach businesses that include outreach, support, capacity building, networking, advocacy, and professional development. The organization is financed through membership dues and revenue generated by programs and events. A voluntary twenty-person Board of Directors governs the organization, which is supported by one full -time and three part-time staff members, and 14 volunteer ambassadors who help to increase and retain members and ensure quality membership benefits. Municipal funding amounts for local chambers vary by jurisdiction and can include monetary and/or in -kind contributions. The MOU is proposed in response to the City’s previous support of the Chamber and the need to provide certainty and predictability in terms of the amount of funding, both monetary and in-kind, to be provided by both parties each year. The terms of the proposed MOU include the City annually contributing $2,500 towards Chamber membership dues and to provide an in-kind trade for the use of City facilities for Chamber events in exchange for the benefits associated with an Executive Level Membership. Chamber membership demonstrates the City’s commitment to support and enhance the business environment and provides sponsor recognition for events previously paid for and attended by City representatives without such recognition. A summary of the annual obligations of both the Chamber and the City is listed below. Obligations of the Chamber: ·The Chamber will continue to deliver pillars of Chamber service (Resources, Connection, Representation, Lobbying & Advocacy, Professional Development, and Collaboration) through networking, servicing its existing membership base, representing and building capacity for local businesses, and providing business resources including skills enhancement. ·The Chamber will provide the City with Executive Level Membership benefits which includes at least $9,800 in sponsorship value to the following events (or similar): ·Title Sponsorship (Value $3,500) for the Mayor’s Breakfast Event ·Title Sponsorship (Value $2,750) for the State of the City Event ·Silver Sponsorship (Value $1,250) for the State of the County & Economic Outlook Event ·Silver Sponsorship (Value $1,150) for the Annual Gala ·Four (4) Sunset Mixer tickets (Value $100) ·Bronze Sponsorship (Value $350) for the Best of HB ·50% off, on an annual basis, student tuition for the Robert Mayer Leadership Academy (2023 Cost is $1400 - Value $700). Each additional student will receive a 20% discount. ·Attendance at all After-5 Mixer Events at no cost, 3 passes to AM Connect Events, and 1 pass to a B2B Event City of Huntington Beach Printed on 11/1/2023Page 2 of 4 powered by Legistar™121 File #:23-940 MEETING DATE:11/7/2023 ·The Chamber will provide invitations to all appropriate Chamber functions. ·The Chamber will promote City programs and initiatives aimed at assisting the business community, including marketing the City’s business website (www.hbbiz.com <http://www.hbbiz.com/>). ·The Chamber will maintain and continue to improve the image of the Chamber within the City and surrounding areas. ·The Chamber will host and coordinate with the City the Annual State of the City Event, and invite 20-30 youth leaders at no cost. ·The Chamber will endeavor to implement actions related to agreed upon strategic initiatives. Obligations of the City: ·The City will pay $2,500 annually for Executive Level Membership. ·The City will provide up to $9,800 of in-kind trade (room rental fee waivers) for up to seven Chamber events and programs at City facilities. ·The City will provide monthly lists of new businesses obtaining a City business license. ·The City will provide space for a Chamber brochure at the City’s business license counter. ·The City will provide, to the best of its ability, a City official and/or Council Member for updates at AM Connects and ribbon cuttings. ·The City will consider Chamber participation in City events as a City partner. ·The City will provide Economic Development staff to attend monthly Chamber board meetings. The term of the proposed MOU would be effective upon City Council approval and terminate on December 31, 2025. The upcoming State of the City event on November 30, 2023, would be included for this year. The MOU has an option to renew for an additional one-year term upon written mutual consent and can be terminated early by providing at least sixty days’ notice by either party. To support the Chamber’s valuable services and the City’s economic efforts, staff recommends City Council approve and authorize execution of the proposed MOU. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth.The Chamber and the City have mutual interests of enhancing the HB economy, ensuring business retention, local investments, and job growth. Through a MOU, City and Chamber agree to establish a joint working relationship for the purposes of strengthening the local business community and supporting such goals. Attachment(s): 1. Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce City of Huntington Beach Printed on 11/1/2023Page 3 of 4 powered by Legistar™122 File #:23-940 MEETING DATE:11/7/2023 2. Presentation City of Huntington Beach Printed on 11/1/2023Page 4 of 4 powered by Legistar™123 124 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH CHAMBER OF COMMERCE THIS MEMORANDUM OF UNDERSTANDING (''MOU") is made and entered into on -----~' 2023, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and the HUNTINGTON BEACH CHAMBER OF COMMERCE (hereinafter referred to as "HBCOC"), a California non-profit 50 I ( c )6 organization ( collectively, the "Parties"). RECITALS WHEREAS, HBCOC is one of the CITY's economic development partners and a leading proponent for the interests of Huntington Beach bt,sinesses; and WHEREAS, the CITY has significant interest in strengthening the role of HBCOC to further enhance the economy and business environment in Huntington Beach; and WHEREAS, I-IBCOC Board of Directors have identified an action list which seeks to improve membership and member needs, financials, board development, staff and operations; and WHEREAS, HBCOC, in cooperation with the CITY, desire to accomplish these mutual objectives during the term of this MOU; and WHEREAS, the Parties agree to establish a joint working relationship for the purposes of strengthening the Huntington Beach business community by supporting HBCOC 's efforts to enhance communication and provide outreach, assistance, networking opportunities, and resources; and WHEREAS, the purpose of this MOU is to address the duties and responsibilities of the Parties to serve the business community in relation to the common endeavor of a prosperous and thriving Huntington Beach; and WHEREAS, the City Council of Huntington Beach finds that this MOU is in the interest of serving a valuable public purpose for the general public and the community. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained, the Parties agree as follows: SECTION 1. TERM AND TERMINATION The term of this MOU shall become effective on the date it is approved by City Council and shall terminate on December 31, 2025. Upon mutual written consent of the Parties, this MOU may be extended for an additional one (I) year term. Both Parties agree to provide 1 23-13564/322031 125 notification of their intent to a term extension not later than sixty (60) days prior to the end of the term. Written consent by the City shall mean the City Manager or his or her designee. This MOU may be terminated by either party with or without cause by providing at least sixty (60) days' written notice to the other party. Services provided hereunder shall continue until the date of termination. SECTION 2. OBLIGATIONS OF CITY AND HBCOC The Parties agree to the general duties and responsibilities outlined in Exhibit A. SECTION 3. ACCESS TO CITY MARKS AND LOGOS HBCOC shall have the right to use the official Huntington Beach City logo and CITY's "Surf City Huntington Beach" trademark with the prior written approval of CITY'S Director of Community Development or their designee. HBCOC will use neither logo for commercial purposes. SECTION 4. HOLD HARMLESS HBCOC and CITY shall protect, defend, indemnify and hold harmless each other, their officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with performance of this MOU or its failure to comply with any of their obligations contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of the other. Termination of this MOU shall not affect the right of either party to enforce any and all indemnities given or made by either party under the provisions of this Section. SECTION 5. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, HBCOC acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; HBCOC covenants that it will comply with such provisions prior to commencing performance of the work hereunder. In the event HBCOC directly hires employees, HBCOC shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. SECTION 6. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance (if needed) and HBCOC's covenant to indemnify CITY, HBCOC shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify HBCOC, its officers, agents and employees, while acting within the scuµe of their duties, against any and all claims arising out of or in connection with this MOU, and shall provide coverage in not less than the 2 23-13564/322031 126 following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$ 1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that HBCOC's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a "deductible," or any other similar form of limitation on the required coverage. SECTION 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this MOU, HBCOC shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this MOU; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) state that the policy is currently in force; ( c) name CITY as an additional insured; and ( d) promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. HBCOC shall maintain the foregoing insurance coverage in force during the entire term of the MOU or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from HBCOC's defense, hold harmless and indemnification obligations as set forth in this MOU. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. HBCOC shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 8. ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. 3 23-13564/322031 127 SECTION 9. CONFLICT OF INTEREST HBCOC shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 10. PHOTOGRAPHY CITY may grant permits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of HBCOC activities. However, consistent with good safety practices, CITY will endeavor to give 24-hour advance notification of such activities to HBCOC. In addition, if CITY receives compensation from such persons for such production, CITY will grant 50% of such compensation to HBCOC for support ofHBCOC's activities as set forth under this MOU. SECTION 11. NONDISCLOSURES/PRESS RELEASES HBCOC shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters arising here from. SECTION 12. W AIYER OF BREACH The waiver by either HBCOC or CITY of any breach by HBCOC or CITY of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by the other party, either of the same or another provision of this MOU. SECTION 13. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: City of Huntington Beach Director of Community Development 2000 Main Street Huntington Beach, CA 92648 HBCOC 15744 Goldenwest Street Building A, Room 13 7-13 8 Huntington Beach, CA 92648 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. SECTION 14. CONTRACT ADMINISTRATORS The City Manager, or his or her designee, shall be CITY's Contract Administrator for this MOU with the authority to act on behalf of CITY for the purposes of MOU. The HBCOC Executive Director, or his or her designee, shall be the HBCOC's Contract Administrator for this MOU with the authority to act on behalf of HBCOC for the purposes of MOU. 4 23-13564/322031 128 SECTION 15. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 16. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 17. MODIFICATIONS IN WRITING This MOU contains and embraces the entire MOU between the Parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other MOU between the Parties unless such MOU be expressed in writing, signed and acknowledged by CITY and HBCOC, or their successors in inteic:Jt. SECTION 18. PARTIAL INVALIDITY Should any provision of this MOU be held by court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the Patiies hereto are not materially impaired. SECTION 19. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. SECTION 20. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, sets forth the entire MOU between the Parties. 5 23-13564/322031 129 IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. HUNTINGTON BEACH CHAMBER OF COMMERCE By ~ ('.,_ ~._.____ Title ATTEST: City Clerk 23-13564/322031 6 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor INITIATE~ t ND APPROVED: . iv~ REVIEWED AND APPROVED: City Manger 130 EXHIBIT A OBLIGATIONS OF CITY The Obligations of CITY pursuant to the MOU shall be the following: Beginning January I, 2024, CITY shall provide contributory funding of $2,500 for 1 Membership Dues on an annual basis as an Exeeutive Level Member (Exhibit B) to the HBCOC. CITY shall provide up to $9,800 of In-Kind Trade on an annual basis as sponsorship eommitment for events and programs in exchange for Exeeutive Level membership: CITY shall, with confirmation and availability, at no cost, provide the HBCOC with the use of the Huntington Beach Senior Center or other approved CITY property for hosting up to seven (7) HBCOC Events annually, starting January I, 2024, as well as the State of the City Event on November 30, 2023. CITY to waive hourly Room Rental fee, max value of eaeh event not to exceed $1,400. HBCOC shall be responsible for paying direct costs including but not limited to insurance, 2 security, cleaning fees, catering costs, and staff costs outside operating hours. Types of events, including dates, locations, and potential attendees (e.g. youth leaders), to be reviewed and discussed annually and approved by CITY's Community Development Director, in coordination with staff from the Community and Library Services Department and the City Manager's Office. An event invoice should be submitted for CITY approval at least 30 days prior to each event. All events must follow CITY's rules and policies for reservation and use of community rental facilities. IfHBCOC is unable to host seven (7) events on CITY property each calendar year, CITY will not be held liable or required to provide any additional in-kind services. CITY shall provide the HBCOC monthly lists of new businesses with applicable contact 3 information. CITY shall provide space in the Business License Division to have the HBCOC trifold 4 available to all new businesses. CITY, to the best of its ability, shall provide a CITY official and/or council member to 5 provide a 2-minute CITY-update at the HBCOC monthly AM Connect Events. CITY, to the best of its ability, shall provide a CITY official and/or council member at 6 HBCOC Ribbon Cuttings. 7 CITY shall consider HBCOC's participation in CITY events as a CITY partner. 8 CITY, to the best of its ability, shall provide a representative from economic development to attend monthly HBCOC board meeti1ws. 131 1 2 3 4 5 OBLIGATIONS OF HBCOC The Obligations of HBCOC Pursuant to this MOU shall be as follows: HBCOC identifies the following pillars as its core functions: Resources, Connection, Representation, Lobbying & Advocacy, Professional Development, and Collaboration, and will deliver, to the best of its ability, these pillars of service through networking, servicing its existing membership base, representing and building capacity for local businesses, and providing business resources including skills enhancement. HBCOC shall provide all benefits associated with an Executive Level and Standard Membership. HBCOC shall provide CITY, at no cost, sponsorship to the following events at certain benefit levels reflecting the dollar amour.t listed under the HBCOC Signature Investor Executive Level. CITY reserves the right to receive same value of another HBCOC event if an event is cancelled or an event change is requested. HBCOC will provide $9,800 of sponsorship value to the following events as listed: • No cost Title Sponsorship (Value $3,500) for the Mayor's Breakfast Event which includes: Table of 8 guests, Video Segment, prominent logo on event signage, website, social media, half page program, and verbal recognition at event. • No cost Silver Sponsorship (Value $1,150) for the Annual Gala which includes: 8 tickets, ability to decorate table, logo on event's video segment, logo on event signage, website, social media, half page program, and verbal recognition at event. • No cost Silver Sponsorship (Value $1,250) for the State of the County & Economic Outlook Event which includes: 4 tickets, ½ page digital program ad, video segment at event, logo on event signage, and website, social media, and verbal recognition. • No cost four (4) Sunset Mixer tickets (Value $100), logo in program, and website, social media, and verbal recognition. • No cost Title Sponsorship (Value $2,750) for the State of the City Event which includes: Table of8 guests, Prominent ad placement in program, Video segment at event, logo on event signage, and website, social media, and verbal recognition. • No eost Bronze Sponsorship (Value $350) for the Best ofHB event which includes: 2 tickets, 1/2-page program ad, logo on e-✓~nt signage, video segment at event, and website, social media, and verbal recognition. • 50% off, on an annual basis, student tuition for the Robert Mayer Leadership Academy (2023 Cost is $1,400 -Value $700). CITY cost will be $700 for one student and each additional student will receive a 20% discount off the tuition price pursuant to Executive Signature investment level benefit. • Attendance at all After-5 Mixer Events at no cost, three passes to AM Connect Events, and one pass to a B2B Event. HBCOC shall invite CITY officials and/or council members to all appropriate functions i.e., openings, presentations not listed above. HBCOC shall, to the best of its ability, promote CITY programs and initiatives aimed at assisting the business community, including marketing CITY's business website (www.hbbiz.eom). 132 6 7 8 HBCOC shall maintain and continue to improve the image of HBCOC within the CITY and surrounding areas. Beginning with the 2023 State of the City Event on November 30, 2023, and annually thereafter, HBCOC shall host the A1mu3 I State of the City Event for members of the community, employees of the CITY, and business owners. HBCOC shall, as needed and to the extent resources permit, coordinate with and assist CITY in the planning and preparation of the Annual State of the City program. HBCOC shall, to the extent resources permit and in consultation with CITY, invite and admit 20 to 30 youth leaders from the community to attend the Annual State of City at no cost (including breakfast). CITY will help HBCOC identify youth leaders throughout the community to be invited each year. HBCOC Board of Directors identified and agreed upon the following strategic categories at its March 16, 2023 Board Retreat. HBCOC shall endeavor to implement actions related to these strategic initiatives and update CITY on such progress at least annually: 1. Membership • Grow membership with new members and retain existing members. • Broaden outreach to new Huntington Beach businesses. • Increase RMLA participation. 2. Financials • Enhance budget modeling and forecasting. • Seek more in-kind sponsorships. • Identify new fundraising event opportunities. 3. Board Development • Diversify board membership. • Encourage recent RMLA graduates to participate m Committees and as Ambassadors. 4. Meeting Member Needs • Conduct a membership satisfaction survey. • Create a digital membership directory. • Enhance use of social media ( e.g. Linkedin). • Consider creating a Chamber membership informational trifold. • Identify strategic partnership opportunities. 5. Staff and Operations: • Explore intern opportunities. • Annotate job descriptions and responsibilities. 133 EXHIBIT B HBCOC Membership Packet 134 , NGTON BEACH ~er of Com m'erce ~ing ~conomic ,Vitality 135 HUNTINGTON BEA Chamber of Commerce lld¥~Helping busine ss grow through political action and efforts that create a stronger local economy and make our community a better place to do business Serving the visibility needs of Huntington Beach businesses by creating advertising opportunities imperative in having a successful local business /> '1.J'1/11.1.J Promoting a strong economy by focusing on ~ workforce education and the disbursement of information integral to maintaining a thriving organization />"'AA• m.e,t.Fosteri ng a strong sense of community by {.;(WW~ conve ning business representatives, creat- ing engaging networking opportunities, and facilitating an environment that promotes involvement and c o ll aboration 136 1/dvf#¾de GAC Government a f fairs co m mittee Platform designed lo make 1he Chamb r proaclive in sup- porling or addressing programs with great i mpact on the community at large -primary areas of focus include tax and regulalory ma tters, infrastructure, aerospace and 1echnology, workforce housing, transportation, tourism, healt hcare, community wellness, and education. The GAC is the primary body 1hrou gh which the Chamber es tablishes a posilion on advancing molions and legislation. AMBASSADOR COMMITTEE Member advocacy The mission of the ambassadors is to increase and relain mem- bers in 1he Hunlington Beach Chamber of Commerce and to improve the quality of membership benefits. Ambassadors build relationships, introducing people at networking evenls, supporting new businesses al ribbon cuttings, and promoting local stores or locations a t !heir monthly meetings. WORK SMART/CANDIDATES FORUM Political panel discussions Offers insight to both investors and non-investors from former and current elecled officials through a panel discussion highlighl ing strategies for working effectively and efficienlly with local govern ment to ensure the growth and maintenance of a thriving local economy. ~ ROBERT MAYER HUNTINGTON BEACH LEADERSHIP ACADEMY Community education, growth & visibility The unique opportunity to develop potential for public re- sponsibility, connect with community and better understand 1he componenls of its government, public safety, business community, economic climate, social uniqueness, educalion and health care system. PROGRAM TUITION $1,250 ECONOMIC FORUM Education & regional involvement Provides a glimpse o f the economic forecast through local experts in aviation, education, 1rade and local govern- ment sharing !heir perspective on 1he changing business landscape. STATE OF THE COUNTY Annual area update Community leaders share recent city accomplishmenl s and provide an overview of opportunities and visions for the communily in the following year. STATE OF THE C ITY Annual area update Community leaders share recent city accomplishmenls and provide an overview of opporlunilies and visions for 1he community in the following year. HUNTINGTON BEACH Ch am be r of Commerce ~ Social M e dia & Web Advocacy/Marketing Wit h thousands of weekly web views, the Chamber remains a grea1 resource lo gel in fron t of the Hun1ing1on Beach community & share exciting news abou1 your business. CHAMBER PREVIEW Weekly e-newsletter Your weekly sou rce for Chambl!r news, including 1he HB Busi- ness News video series, bolh Chamber and community evenls, articles and photos. INVESTOR'S CHOICE & M EMBER-TO -MEMB ER PROMOTIONS Weekly email promotions A markeling loo! for members lo share evenls and promotions l o more 1han 3,000 conlacls. RIBBON CUTTING Milestone recognition The Chamber increases local business visibili ty by celebrating grand openings, re-openings and anniversaries with ribbon cuttings. Due lo the Chamber's close relationship with 1he cily, we are able lo ensure elecled official representation, in addition l o having a complete ceremony video posled lo our YouTube channel. HB BUSINESS NEWS Weekly video news Our weekly YouTube channel fealuring local business even ls, promotions, mileslones, and community engagemenl. BEST OF HB AWARDS LUNCHEON Recognition & involvement Recognizes community business leaders, bolh large and small, in categories such as philanthropy, dining, real eslale, entre- preneurship, non-profit leadership & more .. ANNUAL GALA Celebration & ann ual fundraiser A celebralion for bolh members and non-members, highlighling a year in review and announcements for the future o f 1he Chamber of Commerce. AM CONNECT & AFTER 5 MIXER Monthly networking Visibility and engagemen1 wilh local business owners and represen1a1ives. Fealured speakers provide Hunting ton Beach-relevant and 1imely information. GOLF TOURNAMENT & TASTE + SUMMER SUNSET MIXER Visibility & leis ure The largest event by the C.hamber featuri ng sponsors on each of the 18 holes in the tournament -investors have exclusive visibili ty at this annual event as each foursome works 1hrough 1he tournament. The Summer Sunset Mixer convenes bolh golfers and non-golfers wilh neighboring chambers after 1he annual 1ournamenl to network in an engaging environmen1, including live music, aucl ions and a helicopler ball drop - sponsors and raffle donors are given exclusive visibility. ANGEL NIGHT /TASTE OF HB Whel her il's a fun nigh! a t Angel Stadium or a table-top expo offering members new visibility, 1he chamber is a great way lo gel involved & gel in fron1 of 1he community. 137 HUNTINGTON BEACH Chamber of Commerce Signature Investors Executive ORANGE COAST COLLEGE . 1 Memor1alCare. O range Coast Medical Center ~ .HOEING . a:::.G!WEft.J ~Yi!J:ES!IGN w ,E B DES!OII -DEVELOPKBJIT -!IARK&Tll/0 ~ THE MAYER CORPORATION I'll Cityot &Hope ., ORANGE COUNTY CALIFORNIA RESOURCES CORPORAT ION ~j,,1 KAISER f '' '~ PERMANENTE~ tcR-n a-.i REPUBLI C * SERVICES 0 ,,0 Fountain Valley Regional HO \P llAl 1. MEDICAL ClNffR G Huntington Beach Hospital e m ctn L E N D ING ~lhth •o.ln.,,,, EDI SON' Ene,,.w (ot Wl ldl"SAhl'illJ " lrodlng The Way In A11tomo lh't: Care HYA TT RE GE NCY' HUNTIIIGTO'i C£.-.CII SlUO!.:T&SM Tl1e "'utN(mn l ll1·,u-h Hr.sort ,\ lfihun llulrl 138 ~\ HUNTINGTON BEACH ~I Cham ber of C o mm e rce S~IJU/~LeYea The Sig nature In vestor ga in s a n ex t ensi ve m easure of pa rt ic ipation and visib il ity in t h e b usin ess co mmunity for t he ir one a nnual in vestmen t. They h ave m o re a utonomy in de t e rm ining wher e the ir f un ds a re contrib uted a n d exclusive visi b ili ty w h e re t hey c hoose. Additiona lly, t hey a re v isib le in a ll pu b lica tio ns, both d ig ita lly and in p rin t. Sign a t ure Investo r level is d e t e rm in ed b y the sum o f th e tota l co ntri b utio ns t o the Huntington Beach Chamber of Commerce. Sig nature Inves tors have i ncrease d v isibility at events and progra m s asso cia t e d with adv'~ dw~, ~or~~~' specifi c t o the investor ' inte re st s and a g ree m e nt. Signature Invest ors c h o os e w hi c h lin e t o suppo rt. Sig nature Inves t ors a re invited t o exclusive, i nv ite -o nl y rece ptio ns t o n e two rk w ith oth er Sig na- ture Inves t o rs, elected o ffici a ls, and key co mmunity members CHAIRMAN $30 ,000 • RMLA Scholarship -2 students • 35% Advertising Credit • 12 months AM Connect/828 Pass (2) • Complimentary Investor's Choice advertising (6) • 1 min Video at all major events • I year llve linkage from our website to your company • Any Correspondence we send out gets your logo on It. • Logo on website • Title ad (banner size) on Chamber website for 1 year • Speaking opportunity at our major events • Distribute Marketing Material at our local Block Party • Soclal Media ore-blast for one year (one a month) • 6 extra tickets to major events (excludes Golf Tournament) • All the benefits from the standard membership Tiers 1-5 includes $5,000 annual dues lflB ~ ••ta or;a011ll nt(dli 116 a from th&1ltmlardfaem •'I I IJllllll,....,,,, ~IP.J!IEII · 82fl 01 • 109' AllvertteJnJ Qre8Jf • J.month IIVi'llnlQI from OU, Wab8ltt to thtlr'OGIIO>:ai\j • 2-tnnnlb lannerAd an ohambrr .website • 211xtra-dta1tt otftolil mldla poet.I • All lrenefltafrom tbt Standard Memharalilp Tlere 14 139 HUNTINGTON BEACH Chamber of Commerce Chamber decal & usage of Chamber logo Sponsorship opportunities Free admission to New Member event Ability to join committees OC SCORE worksh ops Basic affinity programs -Office Dep Basi c business listing/profile (phone number Business-to-business connections Business listing in publications Member Check-In video shared on our webslte,e-blast, and social media platforms VISIBILITY $250 Access to mont hly networking eve nts at member price One-on-one advo opportunities Committee leadership opportunities Member login/profile Affinity program partnership opportunity Full business listing Web access to post job openings Web access to post on event calendar Web access to post member-to-member promotions Web access to post press/news releases Member Check-In video shared on our webslle,e -blasl, and social media platforms INVOLVEMENT $350 Full ri bbo n cutting ceremony with plaque and video Certificate of origin with notary Certificate o f free sale and export In-office marketing opportunities Two category listings Digit a l content on online profile Member mailing list Blog article/content on website (500 words) Editorial in Chamber Preview newsletter (500words) Member Check-In video shared on our webslte,e-blast, and social media platforms Two compliment ary tickets to monthly networking Opportunit y to pos t promoti ons t o Chamber social p la tforms Employment pos ters Compliment ary boardroom usage Three ca tegory listings on our websit e directory Business Spotlight Video Social platform(s) review and consultation Quarter page ad in the HB Business Journal Bo ld listin g in the HBBJ Special Directory One complimentary ad in Investo r's C h o ice email Til e ad on Chamber Preview and website -one mo nth Monday Member CHECK -IN VIDEO shared on our website , e - blast and social media platforms 10% Robert Mayer Leadership Academy discount B2B Networking Luncheon sponsorship 1 month of social m ed ia (Facebook & lnstagram) Two complimentary ads in the Investor's Choice email Banner ad on website -one month Member Check-In video shared on our webslte,e - blast, and social media platforms *Civic m e mbe rship is $100 'Membership is renewed annually •companies/organizations with SO+ employees must begin at Tier 3 MARKETING $575 PROFESSIONAL SERVICES $1 ,000 SOCIAL MEDIA $1,500 140 ~\ HUNTINGTON BEACH ~I Chamber of Commerce FORMATION Business Name:----------------------------------------- Address: ------------------------------------------ Ci ty/Stal e/Zip:------------------------------------ Phone : _____________ _ Fax: ___________________________ _ Email: __________________________________________ _ Website:------------------------------------------ Business Category:---------------------------------------- Business Description (35 -50 words):-------------------------------- Facebook: _______________ _ lnstagram: ______________ _ Tw itte r: ________________ _ Other: _______________ _ Primary Contact Information Name: ______________ _ Tille: ______________ _ Email: ______________ _ Phone: ______________ _ Secondary Contact Inform ation Name: _______________ _ Tille: _______________ _ Email : _____________ _ Phone: ______________ _ 0 CHAIRMAN $30,000+ 0 PARTNER $20,000+ 0 EXECUTIVE $10,000+ □CORPORATE $5,000+ includes $5.000 annual dues includes $3,000 annual d ues includes $2.000 annual d u es includes $1.500 onnuol dues 0 BUSINESS $2,500+ includes $1 .000 annual dues SPONSORSHIP BREAKDOWN include advertising and both events/programs and thei" respective levels of sponsorship TIER (Includes $25 one•llme processing fe e) □ TIER 1 $275 □ TIER 2 $375 '$25 p,ocessing lee is waived lc r Tier 5 'Annual Fees me subj ec f to :::hange Amount to Bill:$ ________ _ AMEX Discover MasterCard Visa □ TIER 3 $600 Cash Check □ TIER 4 $1,025 □ TIER 5 $1,500 Credit Card Card No.: ____________________ Name on Card: ____________________ _ Billing Address: Sec. Code ____ Exp. Date: ____ ZIP: ____ _ Payment for Slgnalure Investor dues mus! be submitted within 30 days of agreement. All sponsorship and advertising fees associated with the sele cted Signature Investor ~vel mus t be paid In full wilhln 90 days o f lhe agreement. unless a specified evenl or program comes before the close of lhe 90--groce period. Sponsorship and/or advertising agreed upon that happens during t he 9(}doy grace period must be paid prior to the respeclive evenl/p ubfcolion. No poymenl plons will be offered outside the 9(}doy grace period. The Signature lnvesto, Is solely responsible for the enlre substance and contenl (including lexl and il ust rations) of the advertising printed lhal Is Included with sponsorship. Advertiser agrees lo fully Indemnify HSCOC and lo hold HSCOC harmless from and ogolnsl oH r:obii ly or loss (including Eabiily for allorney's fees and cosls) and against ol claims or ac tions. bosed on or arising out o f the advertisement. Copy and proof deodi nes mu,t be met to ensure publcoflon. Proofs, when submit led, wiU be checked for typographical corrections only. All changes o f Oliglnol copy or loyoul wil be charged on the basis of lhe lime necessary lo make such changes. A t .5% lnleresl role will be charged on any amount ouls londing o fter 90 day,. By sign ing below. I agree lo submit my poymenls by the due do te. or be subject to odditlonal c harges. I understand that my sponsorship will ru n for lhe agreed upon duration detailed on this co ntrocl. I agree to the above contract (~gn) Print Nome Dote Mailing: 16787 Beach Blvd., #202 I Huntington Beach I CA 92647 I 714-536-8888 I hbchamber@hbcoc.com 141 HUNTINGTON BEACH CHAMBER OF COMMERCE 2024 ANNUAL EVENTS BESTOFHB LOCATION: HB SENIOR C£NT£R JANUARY 1 1, 2024 The Best of HB is an annual awards ceremony recognizing community standout individuals and organizations who have contributed significantly to the betterment of Huntington Beach. In 2022, over 3500 votes were cast from the community recognizing 10 categories and nearly 40 organizations. MAYOR'S BREAKFAST LOCATION: TBD FEBRUARY 2024 Join the Mayor of Huntington Beach for the Mayor 's Breakfast to gain insights into the city 's plans, initiatives and policies in 2024. ANNUAL GALA LOCATION: HB SENIOR C£NT£R MARCH 1, 2024 Get ready for an action-packed night at the Annual Gala, because the Chamber is sure to bring much excitement! The Annual Gala helps to promote business networking and community involvement. Dress in your favorite gala attire, enjoy great dinner and drinks, dance to live music, bid on auction items, and recognize and thank outgoing Chamber Board Members and then welcome the installation new Board Members. STATE OF THE COUNTY/ ECONOMIC OUTLOOK LOCATION: TBD MAY2024 The Annual State of the County & Economic Outlook will feature keynote speakers and panel discussions from top business leaders, as well as updates from regional legislators, service providers, and business organizations on the economic climate and challenges facing the county. 47TH ANNUAL GOLF TOURNAMENT & TASTE TH£ HUNTINGTON CLUB JULY152024 The Golf Tournament & Taste is the largest event hosted by the Chamber, featuring sponsors and restaurants on each of the course's 18 holes. The auction items debut at the Summer Sunset Mixer, convening both golfers and non- golfers to network in an engaging environment with music, auctions and a helicopter ball drop. HUNTINGTON BEACH NIGHT AT ANGEL STADIUM ANGEL STADIUM S£PT£MB£R 2024 Huntington Beach Night at Angel Stadium invites HB Locals for a night out at the ball game vs the Seattle Mariners. You won't want to miss out on this exclusive event! Every yem; we reserve group seats in what is expected to be an amazing evening with many net- working opportunities. Come early to hang out at the Huntington Beach Tailgate before the game! TASTEOFHB LOCATION: TBD OCTS,2024 The Taste of Huntington Beach is a culinary extravaganza that showcases the skills of local chefs and the products of regional wineries and breweries. For a single fee, guests are granted unlimited access to samples of delectable fare and beverages. The funds raised from this event are utilized to support various programs and events for Chamber Members. STATE OF THE CITY LOCATION: TBD NOV£MB£R 2024 The State of the City provides an overview of recent accomplishments and future goals of Huntington Beach's City Government, officials, and bureaus, aimed at promoting the city's betterment. 142 SELECTING YOUR SPONSORSHIPS We invite you to use this page as a tool for selecting the best sponsorships for your business. You can call or email me with your selections. Certain Sponsorships are assigned on a first-come-first-served basis. Please commit your sponsorships at the time of your membership dues/renewal, but we ask that your payment is made prior to the sponsorship deadline of your selected event if you are not paying the entire amount of your Signature investor level commitment. Please remember, businesses who commit to our Signature Investor Membership are committed to follow through on sponsorship dollar financial obligations. Mayor's Farewell D Title Sponsor, $3500 Sponsor D Gold Sponsor, $1500 D Silver Sponsor, $1250 Sponsor D Networking Sponsor, $750 Annual Gala D Title Sponsor, $5000 D Gold Sponsor, $2500 D Silver Sponsor, $1800 D Photobooth Sponsor, $1,200 D Cocktail Sponsor, $1000 D Bronze Sponsor, $550 D Print Sponsor, $500 State of the County D Title Sponsor, $3500 D Gold Sponsor, $1500 D Silver Sponsor $1250 D Networking Sponsor $750 Golf Tournament & Sunset Mixer D Title Sponsor, $5,000 D Summer Mixer Sponsor, $3000 D Golf Cart Sponsor, $27 50 D Swag Sponsor, $2750 D Ball Drop Sponsor, $2750 D Gold Sponsor, $1800 D Silver Sponsor, $1,600 D Shoot-out Sponsor, $1200 D Cocktail Sponsor, $1000 D Car Sponsor, $1350 □ D Hole Sponsor, $300 State of the City D Title Sponsor, $2750 D Gold Sponsor, $1200 D Silver Sponsor, $800 D Networking Sponsor, $600 Best of HB D Title Sponsor, $5,000 D Gold Sponsor, $2,500 D Silver Sponsor, $1,600 D Cocktail Sponsor, $1,250 D Photobooth Sponsor, $1000 D Award Sponsor, $500 D Bronze Sponsor, $350 D Technology Sponsor, $2,500 Staff Development Donation D$500 D$100 D Other Amount ~--- Robert Mayer Leadership Academy D Student Tuition $1400 x __ D Alumni Activities Sponsor $2000 D Program Sponsor $2000 D Catering Sponsor $500 D T-Shirt Sponsor $400 D Award Sponsor $1500 D Retreat Sponsor $3000 D Retreat Facilitator Sponsor $6000 Social Media & Web Marketing D Social Media Posts _1 post $75 _2 posts $100 _3 posts $150 D HBChamber.com Homepage Banner Ad _Monthly $250 _Annual $1500 D Am Connect/B2B Sponsor $350 143 *The Best of HB annual awards ceremony recognizes local individuals & businesses who have gone above & beyond to improve the City of Huntington Beach. Every year, we receive hundreds of nominations & thousands of votes celebrating our community! Title $5,000 • Table for 10 • Premium table placement • Award sponsorship • Opportunity to address participants • Video Segment at event • Full page ad in digital program • Prominent logo on event signage • Website social media recognition • Verbal recognition at event Silver $1,600 • Table for 6 • Premium table placement • Half page digital program ad • Logo on event signage • Video segment at event • Website & social media recognition • Verbal recognition at event Award$500 • Two tickets • Presentation of an award • Verbal recognition at event Print • Two tickets • Logo in digital program • Premium Seating • Recognition at event Gold $2,500 • Table for 8 • Premium table placement • Full page digital program ad • Video segment at Event • Logo on event signage • Website & social media recognition • Verbal recognition at event Cocktail $1,250 • Two tickets • Logo on all cocktail napkins • Verbal recognition at event Photobooth $1,000 • Two tickets • Logo on photo booth prints • Verbal recognition at event Bronze $350 • Two tickets • Logo in digital program • Premium Seating • Recognition at event Attendance: 150+ Individual ticket: TBD City employee: TBD Full page digital program ad: $300 Half page digital program ad: $200 Business card digitalprogram ad: $100 *You will be notified if events may be canceled or rescheduled with options on how to allocate your sponsorship. 144 MAYOR'S BREAKFAST EVE~T SPONSORSHIP -*FEBRUARY 2024 Join the Mayor of Huntington Beach for the Mayor's Breakfast to gain insights into the city's plans, initiatives and policies in the upcoming year. Title $3500 Gold $1500 • Up to 8 tickets • 6 tickets • Opportunity to address participants • Video segment at Event • Video segment at event • Logo on event signage • Prominent logo on event signage • Website social media recognition • Website & social media recognition • Verbal recognition at event • Verbal recognition at event Silver $1,250 • 4 tickets • Video segment at event • Logo on event signage • Website & social media recognition • Verbal recognition at event Networking $750 • Two tickets • Logo on coffee cups • Business card program ad • Logo in video segment • Verbal recognition at event Attendance: 200 + Individual ticket: TBD City employee: TBD Full page digital program ad: $300 Half page digital program ad: $200 *You will he notified if events may he canceled or rescheduled with options on how to allocate your sponsorship. 145 ~) :_, .::::,: ~) iw.,;. ··~: 0 ~-· ·.i:"l ~ "~~·.: ~) ,__.,. ···•: {) i,.... ~"l ~ The Annual Gala is an exciting celebration for one of our biggest community events of the year including, live music, board ceremonies, silent auction, dinner, wine wheel, photo booth & more! Title $5,000 Gold$2,500 • Exclusive sponsorship • Table for 8 • Table for 10 • Table decoration • Table decoration • Premium table placement • Premium table placement • Digital program ad • Opportunity to address participants • Video segment at event • Digital program ad -header • Logo on event signage • Video segment at event • Website & social media recognition • Prominent logo on event signage • Verbal recognition at event • Website & social media recognition • Verbal recognition at event Photobooth $1,200 • Two tickets Silver $1,800 • Logo on photobooth prints • Table for 6 • Verbal recognition at event • Table decoration • Premium table placement Cocktail $1,000 • Digital program ad • Two tickets • Logo on event signage • Logo on all cocktail napkins • Video segment at event • Verbal recognition at event • Website & social media recognition • Verbal recognition at event Bronze $550 • 2 tickets Print $500 • Logo in program • 2 Tickets • Recognition at event • Logo in program • Verbal Recognition at event Attendance: 250 + Individual ticket: TBD City employee: TBD Full page digital program ad: $300 Half page digital program ad: $200 Business card program ad: $100 *You will be notified if events may be canceled or rescheduled with options on how to allocate your sponsorship. 146 The Annual State of the County & Economic Outlook will feature keynote speakers and panel dis- cussions from top business leaders, as well as updates from regional legislators, service providers, and business organizations on the economic climate and challenges facing the county. Title $3500 • Up to 8 tickets • Opportunity to address participants • Back cover digital program ad • Video segment at event , Prominent logo on event signage • Website & social media recognition • Verbal recognition at event Silver $1,250 , 4 tickets • Half page digital program ad , Video segment at event • Logo on event signage , Website & social media recognition • Verbal recognition at event Gold $1500 • 6 tickets • Full page digital program ad • Video segment at Event , Logo on event signage • Website social media recognition • Verbal recognition at event Networking $750 • Two tickets , Logo on coffee cups , Business card digital program ad , Logo in video segment • Verbal recognition at event Attendance: 200+ Individual ticket: TBD City employee: TBD Full page digital program ad: $300 Half page digital program ad: $200 *You will he notified if events may be canceled or rescheduled with options on how to allocate your sponsorship. 147 Title $5,000 Swag $2,75 0 • Exclusive sponsorship • One foursome • Two foursomes • Logo on event-branded item • Opportunity to address participants during • Tee sign Summer Sunset Mixer • Logo on event signage • Tee sign • Digital program ad • Digital program ad -header • Video segment at event • Prominent logo on event signage • Website & social media recognition • Admission to Summer Sunset Mixer • Summer sunset admission for all golfers • Video segment at event • Website & social media recognition • Verbal recognition at event Ball Drop $2,750 • One foursome • Tee sign • Logo on all ball drop tickets Summer Sunset Mixer $3,000 • Logo on prop winner check • Verbal recognition at event • Digital program ad • One foursome • Logo on event signage • Logo on invitation • Video segment at event • Digital program ad • Website Social media recognition • Logo on event signage • Verbal recognition at event • Video segment at Event • Summer Sunset Mixer admission • Website & social media recognition • Verbal recognition at event • Summer Sunset Mixer admission Gold -$1,8 00 • One foursome • Summer Sunset Mixer admission Golf Cart $2,75 0 • Tee sign • One foursome • Digital program ad • Tee sign • Video segment at event • Logo on all golf carts • Digital program ad • Website & social media recognition • Logo on event signage • Website Social media recognition • Verbal recognition at event • Verbal recognition at event • Summer Sunset Mixer admission 148 Silver $1,600 • One foursome • Summer Sunset Mixer admission • Tee sign • Logo on event signage • Video segment at event • Website & social media recognition • Verbal recognition at event Bronze $1,400 • One foursome • Summer Sunset Mixer admission • Logo in digital program • Verbal recognition at event Shootout $1,2 00 • Two golfers • Signage at shootout • Logo on all boxed meals • Summer Sunset Mixer admission • Ball drop entry • Verbal recognition at event Attendance: 250+ Single Golfer: TBD Foursome: TBD Full page digital program ad: $300 Half page digital program ad: $200 Signature Cocktail $1,000 • Two golfers • Signage at shootout • Logo on all cocktail napkins • Verbal recognition at event Car $1,3 50 • One foursome • Signage at hole • Summer sunset admission • Video segment at Event • Logo in digital program • Recognition at event Hole $3 00 • Two tickets to Summer Sunset Mixer • Two drink tickets • Logo in digital program • Verbal recognition at event • Tee sign • Table & chairs setup at hole *You will be notified if events may be canceled or rescheduled with options on how to allocate your sponsorship. 149 *The State of the City centers discussion around accomplishments from the past year and the current state of Huntington Beach. Featured guest speakers present upcoming projects, opportunities, address challenges, and give us a glimpse of what's ahead for our thriving business community. Title $2,750 Gold $.1,200 • Up to 8 tickets • 6 tickets • Opportunity to address participants • Digital program ad • Digital program ad -header • Logo on event signage • Video Segment at event • Video Segment at event • Prominent logo on event signage • Website & social media recognition • Website & social media recognition • Verbal r e cognition at event • Verbal recognition at event Silver $800 Networking $600 • 4 tickets • Two tickets • Digital program ad • Logo on event signage • Logo on coffee cups • Digital program ad • Video Segment at event • Verbal r e cognition at event • Website & social media recognition • Verbal recognition at event Attendance: 180+ Individual ticket: TBD City employee: TBD Full page digital program ad: $300 Half page digital program ad: $200 Business card digital program ad: $100 *You will be notified if events may be canceled or rescheduled with options on how to allocate your sponsorship. 150 / ' ~ ·~-~ ' / \ .._,. / ~ . \ ~k LEADERSHIP ACADEMY September -June Program Tuition *($1400) Tuition is per person. This signature program of the Huntington Beach Chamber of Commerce is an annual nine-month leadership development course that strengthens the Huntington Beach community and economic climate by encouraging public responsibility while motivating and preparing our next civic and business leaders. Sponsors at all levels will be acknowledged with the inclusion of their logos on printed programs, marketing materials, event signage, program participant tee shirts, and other branded items in addition to social media mentions and verbal recognition at RMLA events. *Tuition is $1,250 on or prior to June 30th, 2024. Tuition after June 2024 will be $1400. 50% deposit due before the retreat in September. ALUMNI ACTIVITIES SPONSOR: $2,000 Help us engage and activate the more than 300 professional graduates ofRMLA. 1l1is amount will support a variety of activities and events, including the ten alumni meetings held throughout year. In addition, it will enable us to build and maintain a database of graduates; produce outreach marketing materials to keep our alumni informed and involved; recognize and promote our alumni with written profiles; and develop an executive program to further expand their career growth and potential. PROGRAM SPONSOR: $2,000 Help us expand the reach ofRMLA across our entire community. Program sponsorships will allow us to offset some tuition costs for small businesses, non-profits, and worthy individuals who might benefit most from RMLA programs and networking but who might otherwise be unable to participate. This donation will ensure that the future leaders we are preparing represent a diverse cross section of our population and that our program serves the broadest possible constituency. CATERING SPONSOR: $500 Help us energize our participants during learning sessions. This highly practical sponsorship supplies breakfast, lunch and refreshments for RMLA class days, class receptions and class networking events. T-SHIRT SPONSOR: $400 Help us build RMLA team spirit. At each year's opening retreat, participants are presented with an RMLA tee shirt, which they wear for their class photo -an important first step in transforming a group of new class members into a unified, collaborative team. This sponsorship helps fund the design and production of tee shirts for the entire class. AWARD SPONSOR: $1,500 Help us recognize our graduates for their dedication. This sponsorship contributes to the purchase of the Ri\1LA "diploma" -the beautifully crafted wooden plaque awarded to each participant upon graduation from the RMLA program. It serves not only as a congratulatory memento but also as a reminder of RMLA values and training. RETREAT SPONSOR [LODGING & CATERING]: $3,000 * Help us launch our annual program. Each year RMLA gets underway with a two -night leadership retreat, bringing new class members together to build relationships in preparation for their work together throughout the year. 1l1is sponsorship defrays the cost of food, beverage and lodging for participants. RETREAT FACILITATOR SPONSOR: $6,000 Help us provide an exhilarating opening weekend. The leadership retreat that kicks off each year's program is a weekend of experience-based training and physical activity through which participants discover their strengths as individuals and their value as team members. 1l1is sponsorship will support the team-building facilitator we have b een using with great success to prepare incoming classes for a year of learning and collaboration. 151 Member Promotions Promote your business or event through our weekly Investors Choice Email with over 3,000 local community members. Gain additional exposure by spotlighting your ad on Social Medial $75/Eblast $5 0/Social Media Post $100/mo homepage banner E-blast (3,000 subscribers) Contact: Tina Figarsky, Membership & Advertising Sales at tfigarsky@hbcoc.com\ Media/File Format: JPEG or PNG sent via email. All artwork must be 300dpi Include links if desired. Social Media Placement (6,000 Followers) Located on the homepage for one month. SIZING MUST BE 1080w x 1350h or 1080w x 1080h (pixels) Website/Placement (15,000 Annual Views) Located on the HBchamber.com homepage for one month. May renew at any time. SIZING MUST BE 1080w x 1350h (pixels) Payment Process Payments are due in full □ I authorize a one time total payment of $ ___ _ Please choose one of the following: Company __________ _ □ Check (payable to HBCOC) Contact: ----------- □ Credit Card: (circle) Visa MC Discover Amex) Address: -----------Card Number -----------City: ____ State: __ Zip: __ _ Exp. Date: _____ Code: ____ _ Phone: __________ _ Billing addre ss (if different than company address): Email: ----------- Address:----------- City: ____ State: __ Zip: __ _ HUNTINGTON BEI\C H C hamb er of C o m m erce 152 TECHNOLOGY SPONSOR $2,500 Sponsors receive annual banner ads on the Chamber website, calenda,; direct01y pages, and technology sponsor recognition in the weekly Chamber Preview email. STAFF DEVELOPMENT DONATION $100 I $500 I Other: ____ _ All donations toward staff development supports attendance at various community programs, relevant indushy conferences, webinars, technical skill development, online courses, etc. This allows the Chamber to better serve the membership as th ey may be granted the financial privilege of going through develop,nental programs such as the WACE Academy or being a member of various non- profits in the city. A donation to staff development contributes to the ongoing relevance and standing in the indushy. AM CONNECT SPONSOR $375 Sponsors receive monthly advertising as the event sponsor in the Chamber Preview, recognition as an event sponsor on the event page, two tickets to attend the event, table signage, social media recognition, opportunity to leave company materials on each table and the opportunity to speak to attendees (5 minutes). Sponsorship is per month ,on the second Thursday of eve,y monthfi·om 7:30 a.m. to 9:00 a.m. Each session features a topical speaker on an issue of importance to the business community, as well as neflvorking, breakfast and 20-second commercials. Year Pass: $275/attendee Payment Process Payments are due in full □ I authorize a one time total payment of $ ___ _ Please choose one of the following: Company __________ _ □ Check (payable to HBCOC) Contact: __________ _ O Credit Card: (circle) Visa MC Discover Amex) Address: Card Number ___________ _ Exp. Date: _____ Code: _____ _ Billing address (if different than company address): Address: ------------ City: ____ State: __ Z ip: __ _ ----------- City: ____ State: __ Zip: __ _ Phone: ___________ _ Email: ___________ _ ~\ 1-IUNT IN GT O N II E I\C H "' ChamberofCommerce 153 {C@[![J{kj(dj [!J~ Bruce Berman Chairman of the Board & Interim CEO (714) 895-8315 bberman@gwc.cccd.edu Tina Figarsky Membership Development / Events & Advertising (714) 536-8888 ext. 703 tfigarsky@hbcoc.com Charlene Nowak Marketing & Communications Admin (714) 536-8888 ext. 704 cnowak@hbcoc.com Matt Liffreing Videographer & Social Media Admin (714) 293-2120 vidspot4u@gmail.com OFFICE LOCATION: 15744 Goldenwest St Administration Building 4 -Room #138 Huntington Beach, CA 92647 MAILING ADDRESS: 16787 Beach Blvd #202 Huntington Beach, CA 92647 714-536-8888 hbchamber@hbcoc.com www.hbchamber.com November 7, 2023 Approve and Authorize Execution of a Memorandum of Understanding between the City and the Huntington Beach Chamber of Commerce 154 .-...::::-__ _ - --------------.-= ------ ~ df Background •Chamber is a leading proponent for HB business interests and one of the City’s primary economic development partners •Chamber and the City have mutual interest of enhancing the HB economy •MOU formally establishes a joint working relationship 155 df HB Chamber •Non-profit est. in 1904 representing 400+ members •Provides valuable business resources and services: •Outreach •Support •Capacity Building •Networking •Advocacy •Professional Development •Financed through membership dues and revenue generated by programs and events •Voluntary 20-person Board of Directors, supported by 1 FT and 3 PT staff members, and 14 volunteer ambassadors 156 HUNTINGTO BEACH C hamber of Comme r ce Arl¥'~Helping business grow through p oiticol · action a nd e fforts t h at c,eat e a stronger loc:a l economy a n d m ake our c o m m u nity a better p la:ce o do busine ss /' Ji h IAA h; lh IA Serving the v isi b ilily · eed!s o l Hunlington VrMKr~I; lleach busine111e1 by c reating aalverlisng OJJpo rfun ities im p era; ive in h aving a successfu l local b u siness. /' h J h / 11.I I Promotin g a strong economy by fo cusing on wo~force edu cat ion a nd t he d isb u rsement of rlformation integral to mo· a ining a tlYiving org aniza tion ~eJ!tt/tFost~ a slro~g sense o f c omm unity by convening bUJIIJeSJ representatives, creat- ing e ngaging netw-arting opportunities.~ and l a cirita ting a n environ-nent that promot es inv-o lve m ent a n d colla boration •City has partnered with Chamber on events and occasionally waived room rental fees at City facilities in exchange for event attendance •Currently, the exchange of support offered by both parties is not clearly defined •MOU defines the roles and responsibilities of both parties and provides certainty in terms of the amount of funding to be received and/or budgeted HB Chamber + City 157 HUNTINGTON BEACH CHAMBER OF COMMERCE 2024 ANNUAL EVENTS BESTOFHB LocA'T'loN: HB SltNJOR CJtNTJtR JANUARY ff, 2 024 The Best of HB is an annual awards ceremony ,ecognizing community standout individuals and o,ganiz.ations who have contributed significantly to the betterment of Huntington Beach. In 2022, over 3500 votes wern cast from the community rncognizing 10 categories and nearly 40 o,ganiz.ations. MAYOR'S BREAKFAST l.ocA'T'ION: TBD F'ORUARY 2 024 Join the Mayo, of Huntington Beach fo, the Mayors Brnakfast to gain insights into the city's plans, initiatives and policies in 2024. ANNUAL GALA l.ocA'T'ION: HB SltNIOR CltNTJtR MARCH I , 2024 Get rnady fo, an action-packed night at the Annual Gala, because the Chamber is su,e to bring much excitement! The Annual Gala helps to prnmote business netwodcing and community involvement. Drnss in you, favorite gala attirn, enjoy g,eat dinner and drinks, dance to live music, bid on auction items, and rncognize and thank outgoing Chambe, B oard Membe,s and then welcome the installation new Board Membern. STATE OF TH£ COUNTY/ ECONOMIC OUTLOOK l.ocA'T'ION: TBD MAY2024 The Annual State of the County & Economic Outlook will featU£e keynote speakers and panel discussions from top business leadern, as well as updates from rngional legisl atorn , se,vice prnviders, and business o,ganiz.ations on the economic climate and challenges facing the county. 47TH ANNUAL GOLF TOURNAMENT & TASTE THit HUNTINGTON CWl!J JULY t S2024 The Go lfToumament & Taste is the largest event hosted by the Charnbe,, featuring sponso,s and ,estau,ants on eacli of the coU£Se ' s 18 holes. The auction items debut at the Summer Sunset Mixer, convening both golfers and non- golfers to network in an engaging enwonment with music, auctions and a helicopter ball mop. HUNTINGTON BEACH NIGHT AT ANGEL STADIUM ANGltL STADIUM S llP'l'llMl!lllR 2024 Huntington Beach Night at Angel Stadium invites HB Locals fo, a night out at the ball game vs the Seattle Marinern. You won't want to miss out on this exclusive event! Every yea,; we rnse,ve g,oup seats in what is expected to be an amazing evening w ith many net- working opportunities. Come early to hang out at the Huntington Beach Tailgate befo,e the game ! TASTEOFHB L.OCA TYON: TBD OCTS,2024 The Taste of Huntington Beach is a culinary extravaganza that showcases the skills of local chefs and the prnducts of rngional wineries and brnweries. Fo, a single fee, guests are g,anted unlimited access to samples of delectable fare and beve,ages. The funds raised from this event are utilized to support various prng,ams and events fo, Chamber Membern. STATE OF THE CITY l.OCA'T'ION: TBD NOVllMl!JllR 2024 The State of the City prnvides an overview of ,ecent accomplishments and futU£e goals of Huntington Beach's City Government, officials, and bu,eaus, aimed at prnmoting the city's betterment. •City to pay $2,500 in membership dues and provide in-kind trade for use of City facilities for Chamber events in exchange for an Executive Level Membership •Chamber membership will provide recognition of the City’s event sponsorship •Term shall be effective upon Council approval and terminate December 31, 2025 •Includes 2023 State of the City event •May extend for an additional one-year •Terminate early with 60 days’ notice MOU 158 HUNTINGTON BEACH Chamber of Commerce Chairman Signature Investors ~ THE MAYER CORPORATION Memorial Care ITI Cityof I ORANGE IHI Hope couNrY ~R"» ~\\ Orange Coast Medical Center REPUBLIC' SERVICES Chevron CALIFORNIA ll(SOURCl.S CORPORATION Ill A VISIT 0 roj~ Ci:;;,(iRE.EJ_, 1f~DEf!G., N ~-\, KAISEJ! COLLEGE C'7 ~II~ PERMANENTL ' ~ HUNTINGTON BEACH o--a. L ENO IN G LDISON HYATT REGENCY ••uctJTHA..COM Hunt ington Beac h Hos pital Obligations of Chamber •Provide City with Executive Level Membership benefits which includes at least $9,800 in sponsorship value to the following events (or similar): Chamber Event Sponsorship Mayor’s Breakfast Event Title Sponsorship (Value $3,500) State of the City Event Title Sponsorship (Value $2,750) State of the County & Economic Outlook Event Silver Sponsorship (Value $1,250) Annual Gala Silver Sponsorship (Value $1,150) Best of HB Bronze Sponsorship (Value $350) Sunset Mixer Four Tickets (Value $100) Robert Mayer Leadership Academy 50% discount (Value $700) – 20% off additional After-5 Mixer Events 10 (Value $120) AM Connect Events 3 passes (Value $60) B2B Event 1 pass ($25-$35) 159 Obligations of Chamber Continued •Provide invitations to Chamber functions •Promote City programs aimed at assisting the business community •Maintain and continue to improve the Chamber image •Host and coordinate State of the City Event and invite 20-30 youth leaders at no cost •Endeavor to implement agreed upon strategic initiatives and continue to deliver pillars of Chamber service 160 Obligations of the City •Pay $2,500 annually for Executive Level Membership •Provide up to $9,800 of in-kind trade (room rental fee waivers) for up to 7 Chamber events at City facilities •Provide monthly lists of new businesses •Provide space for a Chamber brochure at the City’s business license counter •Attend (to the best of ability) AM Connects and ribbon cuttings •Consider Chamber participation in City events as a City partner •Provide Economic Development staff to attend monthly Chamber board meetings 161 To support the valuable services provided by the Chamber and the City’s economic development efforts, staff recommends City Council approve and authorize execution of the proposed MOU. Recommendation 162 Questions? 163 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-957 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Sunny Han, Chief Financial Officer PREPARED BY:Sunny Han, Chief Financial Officer Subject: Approve FY 2022/23 Budget Adjustment for the City’s Various Unfunded Liabilities and Year- End Audit Entries Statement of Issue: The Finance Department is completing the year-end closing process for Fiscal Year 2022/23, which began on July 1, 2022, and ended on June 30, 2023. Certain budgetary transfers are needed to reconcile the budget with actual expenditures incurred; to comply with auditing, actuarial, accounting, and legal requirements; and to align with the City Council’s strategic goal of fiscal stability. City Council authorization is requested to perform these reconciliations in order to officially close FY 2022/23. Financial Impact: 1.Appropriation Increases (various funds): Appropriation increases of $119,243 are requested to reconcile the budget with actual expenditures incurred in various funds (Attachment 1). 2.Appropriation and Inter-Fund Transfers (various funds): Appropriation increases and inter- fund transfer authority of $280,412 are requested to reconcile the budget with actual expenditures incurred in various funds (Attachment 1). 3.Appropriation and Inter-Fund Transfers (General Fund): Authorization is requested for appropriation and inter-fund transfers totaling $12,620,000 from the General Fund in the following amounts: ·Transfer of $1,500,000 to the Workers’ Compensation Fund; ·Transfer of $4,500,000 to the General Liability Fund; ·Transfer of $4,620,000 to the Retirement Supplemental Fund; and ·Transfer of $2,000,000 to the Infrastructure Fund There is sufficient General Fund year-end fund balance available to cover the inter-fund transfers primarily due to higher than anticipated Gas and Electric Utility Tax and Franchise Fee revenue received in FY 2022/23. City of Huntington Beach Printed on 11/1/2023Page 1 of 5 powered by Legistar™164 File #:23-957 MEETING DATE:11/7/2023 Recommended Action: A) Increase appropriations for the FY 2022/23 Revised Budget by $119,243 in the funds and amounts contained in Attachment 1 to reconcile the budget with actual expenses incurred; and, B) Approve the appropriation and transfers for the FY 2022/23 Revised Budget in the funds and by the amounts contained in Attachment 1; and, C) Approve the appropriation and transfer of $12,620,000 into the Workers’ Compensation, General Liability, Retirement Supplemental, and Infrastructure Funds from the General Fund year-end balances (see Attachment 1). Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: The FY 2022/23 Budget was adopted by City Council on June 7, 2022, for the fiscal year beginning July 1, 2022. The Finance Department has compiled recommended budget adjustments to cover additional costs and/or provide appropriations necessary to expend funds that have been received for specific purposes. The requested adjustments will be funded by available revenue or fund balances within each distinct Fund. The Finance Department is projecting to end FY 2022/23 with a $16.2M available General Fund surplus. This is primarily due to one-time spikes in natural gas prices during Winter 2022-23 and increased natural gas and electricity rates, resulting in $10.1M additional utility tax and franchise fee revenue above the adopted budget. Additionally, Transient Occupancy Tax (TOT) remained strong, mainly due to higher average daily rates and a full fiscal year of TOT from the City’s Short-Term Vacation Rentals, resulting in an additional $2.8M in TOT revenue. The demand for emergency medical services (EMS) continued to increase, bringing in an additional $2.2M above the adopted budget amount. In order to align with the City Council’s Strategic Goal 2 - Fiscal Stability, staff is recommending additional funding to the City’s various unfunded liabilities. The City’s workers’ compensation and general liability costs increased in FY 2022/23. In addition, the City’s CalPERS retirement plan assets declined in value due to unfavorable market conditions. The City’s unfunded liabilities are summarized below: City of Huntington Beach Printed on 11/1/2023Page 2 of 5 powered by Legistar™165 Description Workers' Compensation General Liability Retiree Supplemental Cal PERS UAL Total Unfunded Liabilities as of 6/30/2023 $24.4M $7 .2M $8.8M $168.3M $208.7M Funded Status as of 6/30/2023 45% 65% 88% 89% File #:23-957 MEETING DATE:11/7/2023 Sufficient funding in the City’s General Fund in FY 2022/23 is available for the recommended funding detailed below. Workers’ Compensation: California Workers’ Compensation Law provides state mandated benefits to employees for work- related illness or injury. Benefits may include payments for medical treatment, salary continuation, Total Temporary Disability (TTD) benefits, and permanent disability benefits. The City is self-insured for its workers’ compensation program and is liable for all costs up to $1 million dollars per claim. The costs related to claims are paid for by the City as the Employer. As of the most recent actuarial valuation for the period ending June 30, 2023, the City’s total workers’ compensation liability is $44.1 million, or $1.3 million higher than the previous year. The increase was primarily driven by rising medical costs and an expanded list of injuries that are presumed to be work related under California law, including post-traumatic stress. The requested appropriation and transfer of $1.5M will fund the increase in the City’s liability identified in the June 30, 2023 actuarial valuation and increase the funded status from 45% to 48%. General Liability: The City is self-insured for combined liability and cost of defense up to $1 million per claim. Costs up to that amount are paid from the General Liability Fund Budget. The City purchased liability insurance in the open marketplace, which provides insurance for claims costs exceeding the City’s self-insured retention of $1 million. The maximum coverage limit is $25 million, which is inclusive of the self-insured retention. Claims that exceed the maximum limit of liability are covered by the City’s Self-Insurance General Liability Internal Service Fund. As of the period ending June 30, 2023, the City’s total general liability is $20.6 million, or $7.1 million higher than the previous year. The increase is primarily due to liability adjustments made to two large claims incurred during FY 2022/23. The requested appropriation and transfer of $4.5M will partially fund the increase in the City’s liability and increase the funded status from 65% to 87%. Retirement Supplemental: The City administers a supplemental single-employer defined benefit retirement plan for all employees hired prior to 1997. The plan pays a supplemental retirement benefit in addition to benefits from CalPERS. Investments of the Supplemental Plan are held separately from those of other City funds by investment custodians. The City’s actuary assists City staff in determining the annual contributions or planned use of funds to ensure long-term sustainability of the program. A transfer of $4.62M is needed from the General Fund to the Retirement Supplemental Fund to align with actual required retirement supplemental benefit payments and to avoid drawing from the trust. The funded status is estimated to increase from 87.9% to 94.3% with the recommended transfer. Maintaining a high funded percentage will City of Huntington Beach Printed on 11/1/2023Page 3 of 5 powered by Legistar™166 File #:23-957 MEETING DATE:11/7/2023 allow the trust to be largely self-sustaining in the future and provide budgetary flexibility in future years. Central Library Transformer Replacement (Infrastructure Fund): The electrical equipment at the Central Library failed as of April 14, 2023 resulting in the Library’s closure to staff and patrons. Temporary rental equipment provided by the City’s electrical contractor, Snowden Electric is being utilized while the permanent repairs are designed, ordered, and installed. The cost to replace the electrical equipment was not included in the FY 2022/23 Adopted Budget. The preliminary cost for the replacement and installation of the new transformer is estimated to be $2M. Due to the increased cost of labor and materials, the final cost may be higher. During FY 2022/23, Council authorized the use of $3.2M in HB Recovery funding for the rental and installation of a temporary power source at the Central Library, infrastructure project cost increases, and unscheduled replacement of park equipment. In order to preserve the remaining $10.9M HB Recovery balance for City Council projects included in the recently adopted 2023-2027 Strategic Plan, a transfer of $2M to the Infrastructure Fund is recommended to fund the library transformer replacement. Inter-Fund Transfers and Budget Adjustments (Other Funds): Technical year-end budget adjustments to the FY 2022/23 Revised Budget are requested to align appropriations in certain funds with actual expenditures incurred through June 30, 2023, as actual expenditures cannot exceed the appropriation amounts contained in the Revised Budget. Adjustments are also required to ensure compliance with Generally Accepted Accounting Principles (GAAP), Governmental Accounting Standards Board (GASB), and other regulatory, contractual or legal requirements. Please note any appropriation increases are fully offset by commensurate amounts of revenues, available cash, or fund balances in each Fund. Hotel/Motel Business Improvement District (Hotel/Motel BID) Fund (709): An appropriation increase of $102,050.44 is requested to align the budget with actual FY 2022/23 revenues and expenditures. The Hotel/Motel BID Fund is a pass-thru fund in which the City collects self-assessed revenues of 4% from the participating hotels and motels and submits them to Visit Huntington Beach per the BID’s agreement. Downtown Business Improvement District (Downtown BID) Fund (710): An appropriation increase of $8,938.56 is requested to align the budget with actual FY 2022/23 revenues and expenditures. All Downtown merchants have a self-assessment through the Business Improvement District (BID) that the City Council approves annually. The City collects the fees and redistributes them back to the District. Bella Terra Parking Structure Fund (711): An appropriation increase of $8,254.02 is requested to align the budget with actual FY 2022/23 revenues and expenditures. The City collects a maintenance fee from the owners of the center which is used to fund maintenance and operations costs for the structure. City of Huntington Beach Printed on 11/1/2023Page 4 of 5 powered by Legistar™167 File #:23-957 MEETING DATE:11/7/2023 Revolving Loan and CDBG Funds (215 and 239): An appropriation increase of $63,731.46 is requested to increase transfers out of the Revolving Loan Fund (215) into the Community Development Block Grant (CDBG) Fund (239) to reconcile funding with the Integrated Disbursement and Information Systems (IDIS) for the CDBG Program and show use of program income. HOME Funds (240 and 854): An appropriation increase of $216,680.70 is requested to increase transfers out of the HOME Program 06 Fund (854) into the HOME Fund (240) to reconcile funding with the Integrated Disbursement and Information Systems (IDIS) for the HOME Program and show use of program income. Environmental Status: Not applicable. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. FY 2022/23 Year-End Appropriations and Inter-Fund Transfers 2. Presentation City of Huntington Beach Printed on 11/1/2023Page 5 of 5 powered by Legistar™168 APPROPRIATION INCREASE: Dept Fund Name Amount Non‐Departmental 709 Hotel/Motel BID Fund 102,050.44 Non‐Departmental 710 Downtown BID Fund 8,938.56 Non‐Departmental 711 Bella Terra Parking Structure Fund 8,254.02 TOTAL 119,243.02 APPROPRIATION AND TRANSFER INCREASE ‐ OTHER FUNDS: Dept From Name Amount To Fund Name Community Development 215 Revolving Loan Fund 63,731.46 239 CDBG Fund Community Development 854 HOME Program 06 Fund 216,680.70 240 HOME Fund TOTAL 280,412.16 APPROPRIATION AND TRANSFER INCREASE ‐ GENERAL FUND: Dept From Name Amount To Fund Name Non‐Departmental 100 General Fund 1,500,000.00 551 Workers' Compensation Fund Non‐Departmental 100 General Fund 4,500,000.00 552 General Liability Fund Non‐Departmental 100 General Fund 4,620,000.00 703 Retirement Supplemental Fund Non‐Departmental 100 General Fund 2,000,000.00 314 Infrastructure Fund TOTAL 12,620,000.00 Fiscal Year 2022/23 Interfund Transfers ATTACHMENT 1 Fiscal Year 2022/23 Appropriation Increases 169 FY 2022/23 Year-End Budget Adjustments for City’s Unfunded Liabilities and Year-End Audit Entries City Council Meeting November 7, 2023 1 170 Background Finance Department is working on the year-end closing process Year-End Budget adjustments for FY 2022/23 are required to close FY 2022/23 FY 2022/23 is projected to end with a $16.2M General Fund surplus primarily due to one- time spikes in natural gas prices during Winter 2022-23 and increased Natural Gas and Electric rates resulting in higher Utility Tax and Franchise Fees, as well as Transient Occupancy Tax and Emergency Management Services (EMS) revenues performing better than anticipated Opportunity to fund the City’s unfunded liabilities –aligning with the City Council’s Strategic goal of Fiscal Stability 2 Funded Status as of 6/30/2023 Unfunded Liabilities as of 6/30/2023 Description 45%$24.4MWorkers’ Compensation 65%$7.2MGeneral Liability 88%$8.8MRetiree Supplemental 89%$168.3MCalPERS UAL $208.7MTotal 171 Strategic Plan Goals FY 2023-27 Strategic Plan adopted by City Council on October 3, 2023 Eight Overarching Goals to achieve over the next four years Additional financial resources are required to successfully implement unfunded Plan Goals 3 • One Stop Shop • World-Class Beach Facilities • Fleet Capital Replacement Plan • Mobility Master Plan • 311 System Implementation • Community-wide Risk Reduction Program • PCH Relinquishment • LA28 as Host City/Olympic Village • Public Safety Infrastructure Improvements • Comprehensive Homeless Response Plan • Infrastructure Report Card 172 FISCAL STABILITY Success Indicator: Available fund ing ta support a high-q u ality level of programs, services and capital investments and to b u ild a structura l surplus. Workers’ Compensation California Workers’ Compensation law provides state mandated benefits to employees for work-related illness or injury City is self-insured up to $1 million per claim. Benefits may include payments for medical treatment, salary continuation, Total Temporary Disability (TTD) benefits, and permanent disability benefits. $1.3 million increase in Worker’s Compensation liability primarily due to claims driven by rising medical costs and an expanded list of injuries that are presumed to be work related under California law, such as post-traumatic stress. Recommended Transfer: $1.5M $ / %Description $44.1MTotal WC Liability 6/30/2023 $1.3MIncrease in WC Liability FY 2022/23 45%Funded Status without Transfer ($19.7M) 48%Funded Status with Transfer ($21.0M) $1.5MRecommended Transfer 173 General Liability City is self-insured up to $1 million per claim with $25M in excess coverage per claim/occurrence $7.1 million increase in General Liability primarily due to liability adjustments made to two large claims Recommended Transfer: $4.5M $ / %Description $20.6MTotal General Liability 6/30/2023 $7.1MIncrease in Liability FY 2022/23 65%Funded Status without Transfer ($13.4M) 87%Funded Status with Transfer ($17.9M) $4.5MRecommended Transfer 174 Retiree Supplemental The City administers a supplemental single-employer defined benefit retirement plan for employees hired prior to 1997 The plan pays a supplemental retirement benefit in addition to benefits from CalPERS Investment held separately in the Supplemental Retirement Trust (SRT) and is managed by the City’s Investment Custodian and subject to Investment Policy set by the SRT board Recommended Transfer: $4.62M –minimum required to avoid drawing funds from Trust Net SRT Liab (Asset) SRT AssetSRT Liab Funded Status Date $15.2M$59.0M$74.2M79.6%6/30/2022 $8.8M$63.8M$72.6M87.9%6/30/2023 w/o Transfer $4.2M$68.4M$72.6M94.3%6/30/2023 w/Transfer 175 Central Library Transformer Replacement The electrical equipment at the Central Library failed as of April 14, 2023 resulting in the Library’s closure to staff and patrons. Temporary power is being supplied through rental equipment while design for custom built switchgear and permanent replacement equipment is ordered and delivered. The preliminary cost for the replacement and installation of the new transformer is estimated to be $2M. Due to increased cost of labor and materials, the final cost may be higher. During FY 2022/23, Council authorized the use of $3.2M in HB Recovery funding for emergency repairs, infrastructure cost increases, and unscheduled replacement of park equipment. To preserve the remaining HB Recovery balance of $10.9M, a transfer of $2M from the General Fund to the Infrastructure Fund is recommended to fund the library transformer replacement. 176 General Fund Adjustments Summary Recommended transfers totaling $12.62M from the General Fund in FY 2022/23 to fund the City’s unfunded liabilities as listed below – aligning with the City Council Strategic goal of Fiscal Stability. Estimated FY 2022/23 surplus after appropriation $3.6M (subject to change) AmountFund $1,500,000Worker’s Compensation 4,500,000General Liability 4,620,000Retiree Supplemental 2,000,000Infrastructure Fund $12,620,000Total 177 Other Fund Adjustments 9 Hotel/Motel Business Improvement District Fund (709) $102k to align budget with actual FY 2022/23 revenues and expenditures. The Hotel/Motel BID Fund is a pass‐thru fund in which the City collects self‐assessed revenues of 4% from the participating hotels and motels and submits them to Visit Huntington Beach per the BID’s agreement. Downtown Business Improvement District Fund (710) $9k to align budget with actual FY 2022/23 revenues and expenditures. The Downtown BID Fund is a pass‐thru fund in which the City collects self‐assessed revenues from all Downtown merchants and remits the funds back to the District per the BID’s agreement. 178 Other Fund Adjustments 10 Bella Terra Parking Structure (711) $8k to align budget with actual FY 2022/23 expenditures. The City owns the parking structure in the Bella Terra retail center. The City collects a maintenance fee from the owners of the center through a special assessment which is used to fund maintenance and operation expenditures for the structure. Community Development $64k Revolving Loan Fund transfer to CDBG Fund to properly code funding & $217K HOME Fund transfer to the proper grant year 179 Questions? 180 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-936 MEETING DATE:11/7/2023 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 Management Administrator Bonnie To, Principal Management Analyst Subject: Adopt Resolution No. 2023-54 to approve the updated Emergency Operations Plan (EOP) that includes the management, concepts, and response procedures relative to large-scale disasters Statement of Issue: City Council is requested to consider approving the updated Emergency Operations Plan. Financial Impact: There is no fiscal impact to adopt the EOP. Recommended Action: Adopt Resolution No. 2023-54, “A Resolution of the City Council of the City of Huntington Beach Approving the City’s Emergency Operations Plan.” Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: As stated in the Federal Emergency Management Agency (FEMA) Comprehensive Preparedness Guide (CPG) 101 Dated September 2021, Version 3.0: “The risks facing communities can change with evolving threats and hazards, aging infrastructure, shifts in population or changes in the natural environment. The planning team should review capabilities, resources and plans, including EOPs, on a regular basis and update them to reflect current risk assessment results and information gathered during the validation process.” (p.17) City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™181 File #:23-936 MEETING DATE:11/7/2023 The Fire Department has updated the current EOP with input from all City departments and assistance from a contractor. Over the last 10 years, there have been numerous policy and industry changes which impact the way the City responds to disasters. The proposed updated EOP provides an overview of the City’s systems, frameworks and processes involved in disaster preparedness, response and recovery efforts. It also details not only how the City will respond to localized emergencies, but also how the response will align with other local, state and federal agencies involved in much larger disasters through the use of the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS). The EOP assists staff assigned to the City’s dedicated Emergency Operations Center (EOC) and is detailed enough to provide for an effective response yet is flexible enough to be used in any emergency response situation. This plan does not address ordinary day-to-day emergencies or the established departmental procedures used to cope with such incidents. Rather, this multi-hazard plan concentrates on management, concepts and response procedures relative to large-scale disasters. Such disasters pose major threats to life, the environment and property and can impact the well- being of a large number of people. The Fire Department’s Emergency Management & Homeland Security Section will be responsible for the ongoing maintenance of the EOP to reflect any applicable changes that are made, including EOC staff assignment changes. All changes to the EOP will be documented in the record of revisions table and will be distributed to all City departments and agencies shown on the distribution list. The plan is for the EOP to be submitted to the City Council for approval and adoption by proclamation every five years. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events. Attachment(s): 1. Resolution No. 2023-54, “A Resolution of the City Council of the City of Huntington Beach Approving the City’s Emergency Operations Plan” City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™182 183 RESOLUTION NO. 2023-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CITY'S EMERGENCY OPERATIONS PLAN WHEREAS, the City of Huntington Beach has prepared an emergency operations plan; and The emergency operation plan complies with all local, state and federal guidelines, NOW, THEREFORE, the City Council of ·the City of Huntington Beach does hereby resolve as follows: The City of Huntington Beach Emergency Operations Plan, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set fo1ih herein, is hereby approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor REVIEWED AND APPROVED: City Manager ITIATED AND APPROVED: Fire Chief 320940/23-13585 184 City of Huntington Beach Emergency Operations Plan 2023 For Official Use Only The information gathered in this Annex is classified as For Official Use Only (FOUO) and sh ould be handled as sensitive information n ot to be disclosed. This document should be safeguarded, handled, transmitted, and stored in accordance with appropr iate security d irectiv es. Reproduction o f thi s document, in whole or in part, without prior approval from the City o f Huntington Beach, Emergency Management and H omeland Security Office, is prohibited. EXHIBIT A 185 186 City of Huntington Beach Emergency Operations Plan 2022 Update Basic Plan i 187 9 City of Huntington Beach Emergency Operations Plan Promulgation Letter 2022 Update Basic Plan 11 188 e City of Huntington Beach Em e r gen cy Op e rati o n s Plan Bas ic P l a n Plan Concurrence Executive Team Department Name Date Signature City Manager Al Zelinka City Attorney Michael Gates City Treasurer Alisa Backstrom City Clerk Robin Estanislau Asst. City Manager Travis Hopkins Fire Scott Haberle Police Eric Parra Community and Library Services Ashley Wysocki Finance Sunny Han Community Development Ursula Luna-Reynosa Human Resources Theresa St. Peter Public Works Alvin Papa 2022 Up dat e iii 189 City of Huntington Beach Emergency Operations Plan Plan Concurrence LEPC Role Name Date Emergency Management Brevyn Mettler Operations Fire Eric McCoy Operations Law Thoby Archer Marine Safety/Planning Leslie Schwene Operations Public Works Alvin Papa CLS/Logistics Chris Cole Finance Sunny Han Community Dev elopment/Planning Jennifer Villasenor Human Resources/Logistics Deanna Soria PIO Jennifer Carey Community Development/Recovery Steve Holtz IS/Logistics Brian Weinberg Dispatch/PSAP Julie Reynolds CERTNolunteers Carol Burtis Council Liaison Catherine Jun 2022 Update Basic Plan Signature iv 190 p. City of Huntington Beach V Emergency Operations Plan Basic Plan City Council Adoption Resolution / Plan Approval 2022 Update V 191 9 City of Huntington Beach Eme rg e n c y Op e rati o n s Plan Municipal Code 8.60 Insert Hyperlink 2022 U pdate Bas ic Pl a n vi 192 Date City of Huntington Beach Emergency Operations Plan Record of Change Base Plan/ App endices Section Pages 2022 Update Basic Plan Description v ii 193 City of Huntington Beach Emergency Operations Plan Table of Contents Basic Plan 1 Introduction ....................................................................................................................................................... 1 1.1 Purpose ....................................................................................................................................................... 1 1.2 Scope ........................................................................................................................................................... 2 1.3 Emergency Management and Homeland Security Program .............................................................. 3 1.4 SEMS and NIMS Compliance .................................................................................................................. 5 1 .5 Authorities and References ...................................................................................................................... 8 2 Community Profile ......................................................................................................................................... 12 3 Hazards Analysis ............................................................................................................................................ 12 3 .1 Hazard Identification .............................................................................................................................. 12 3.2 Hazard Profiles ........................................................................................................................................ 13 4 Concept of Operations ................................................................................................................................... 25 4 .1 Emergency Response Organization Activation .................................................................................. 25 4.2 Co1mnand and Control.. ......................................................................................................................... 26 4.3 Roles and Responsibilities ...................................................................................................................... 28 4.4 Proclaiming a Local En1ergency ............................................................................................................ 29 4.5 Alert and Warning .................................................................................................................................. 32 4.6 Emergency Operations Center (EOC) .................................................................................................. 36 4.7 EOC Organization ................................................................................................................................... 37 4.8 Department Operations Centers (DOC) ............................................................................................... 47 4.9 Continuity of Operations/Governn1ent ............................................................................................... .48 4.10 Disabilities and Other Access and Functional Needs ........................................................................ 51 5 Information Collection, Analysis, and Dissemination ............................................................................ 53 5.1 Information Collection ........................................................................................................................... 53 6 Crisis Communications and Public Infonnation ...................................................................................... 59 6.1 Public Inforn1ation Coordination .......................................................................................................... 59 7 Logistics ............................................................................................................................................................ 67 7.1 Logis tics Section ...................................................................................................................................... 67 7.2 Resource Managen1ent ........................................................................................................................... 67 7.3 Mutual Aid ............................................................................................................................................... 71 7.4 Donations ................................................................................................................................................. 71 7.5 Volw1teers ................................................................................................................................................ 72 8 Communications ............................................................................................................................................. 73 8.1 Local Systen1s ........................................................................................................................................... 73 8.2 Orange Cow1ty Operational Area (OC/OA) Systems ........................................................................ 74 8.3 State of California Systen1s .................................................................................................................... 76 9 Recovery Operations ...................................................................................................................................... 78 9.1 futroduction ............................................................................................................................................. 78 9 .2 Recovery Organization ........................................................................................................................... 79 9.3 Roles and Responsibilities ...................................................................................................................... 80 9.4 Assistance Progran1s ............................................................................................................................... 8l 9.5 Stafford Act Prograins ............................................................................................................................ 83 9.6 After-Action Reporting ........................................................................................................................... 85 10 P l an Development, Traini ng, and Exercises .............................................................................................. 85 10.1 Plan Updates ............................................................................................................................................ 86 10.2 Training and Exercises ............................................................................................................................ 86 2022 Update viii 194 e City of Huntington Beach Emergency Operations Plan 1 INTRODUCTION Basic Plan This plan has been developed to provide a comprehensive emergency managem ent plan for the City of Huntington Beach. This Emergency Operations Plan (EOP) addresses the planned response to extraordinary emergencies associated with natural disasters, human-caused incidents, and homeland security emergencies in or affecting the City of Huntington Beach. This EOP is designed to be flexible enough to address both h·aditional and catastrophic incide nts. It contains a hazard analysis, description of preparedness measures that will preserve life and minimize damage, describes activation and response procedures, and establishes a recovery system to return the City to its normal state of affairs. It provides an overview of the National Incident Management Systems (NIMS), Standardized Emergency Management System (SEMS), and the Operational Area concepts. It also identifies components of the City Emergency Re sponse Organization and describes the overall responsibilities of Federal, State, Region, Operational Area, and City entities . The purpose of the EOP is to establish the foundational policies and procedures that define how the City will effectively prepare for, respond to, recover from, and mitigate natural or human- caused disasters. It describes the emergency response organization and how it is activated. The EOP is also the foundation for all Func tional Annexes and Standard Operating Proce dures. The EOP is composed of a base plan with supporting appendices and annexes. BASIC PLAN The EOP provides an overview of the City's organization, policies, and approach to all phases of emergency preparedness. It is the foundation document for the City's emergency management program. The EOP ide ntifies the functions and responsibilities for the emergency response organization and EOC staff and guides plan maintenance. It describes internal processes that address emergency respon se and coordination. The EOP intends to provide supporting docwnentation to emergency response s taff that is d e tailed enough for e ff ective response yet is flexible enough to be used in any emergency response. FUNCTIONAL ANNEXES Functional Annexes are individual plans that focus on missions (e .g., EOC sections, public information, alerting and warning, damage assessment, etc.) and hazard /incident-specific plans that supplement the Ba sic Plan. These Annexes discuss how the City's response will be managed and organized b efore, during, and after an emergency. STANDARD OPERATING PROCEDURES (SOP) SOPs d escribe the purpose, authorities, durations, and details of the preferred method for performing a single function or several interrelated functions in a uniform manner. The EMHS Office and d e parhne nt directors are responsible for developing and m aintaining their respective segments of this plan and their appropriate supporting SOPs as stated h e re and outlined in each 2022 Update 1 195 9 City of Huntington Beach Emergency Operations Plan Basic Plan section. Some department directors may choose to develop only one plan, the EOP, and make it an all-inclusive EOP/SOP. This plan defines the individual and departmental responsibilities in the process of mitigating, preparing for, responding to, and recovering from disasters. It does not describe the field level response to emergencies described in department Standard Operating Procedures (SOPs). It describes coordination between the City of Huntington Beach, the Orange Cow1ty Operational Area (OC / OA), the State of California Office of Emergency Services (OES), and the Federal Emergency Management Agency (FEMA). The EOP addresses the entire spectrum of contingencies, ranging from relatively minor incidents to large-scale disasters. All departments must be prepared to promptly and effectively respond to any foreseeable emergency, taking all appropriate actions. The p lan applies to all City Emergency Response Organization e lements during all phases of emergency management. FOUR PHASES OF EMERGENCY MANAGEMENT There are four phases of every disaste r: Mitigation, Preparation, Response, and Recovery; it is a constant cycle. As soon as the Response Phase is completed, the Recovery Phase is initiated. Then, immediately begin mitigating the hazard that caused the emergency. Then, preparation begins for the next disaster. The four phases are described b e low: MITIGATION Mitigation refers to any activity that prevents an emergency, reduces the chance of an emergency happening, or reduces the effects of unavoidable circumstances that turn into emergencies. Mitigation refers to any sustained action taken to reduce or eliminate long-term risk to life and prope rty from a hazard event. Mitigation, also known as prevention (whe n done before a disaster), e ncourages the long-term reduction of ha zard vulnerability. The goal of mitigation is to decrease the need for a response instead of simply increasing the response capability. Mitigation can protect critical community facilities, reduce liability exposure, and minimize community disruption. PREPAREDNESS Preparedness is a continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and improving activities to ensure e ffective coordination and the enhancement of capabilities. The preparation phase of e mergency management includes ensuring that the City's disaste r ordinance and Emerge ncy Operations Plans (EOPs) are complete and current. The disaster ordinance is vital because it outlines who is in charge, the order of succession, the process for declaring a Local Emergency, and otl1er key information. The EOP details how the City will conduct emergency operations and defines areas of responsibility . Other preparation activities include providing training for all the jurisdiction's d e parhne nt responders on ICS, SEMS, and NIMS and their 2022 Update 2 196 City of Huntington Beach Emergency Operations Plan Basic Plan specific role in em ergencies, and conducting exercises and drills that range from "tabletop" to "full scale" events. RESPONSE The Response phase includes mobilizing the necessary emergency services and first responders in the disaster. In the response phase, the most critical factor for the City is ensuring first res ponders are supported so they can save lives, property, and protect the environment. This is accomplished by ensuring that the Emergency Operations Center (EOC) is equipped for immediate activation. RECOVERY Recovery activities involve restoring services to the public and returning the affected area(s) to pre -emergency conditions. While the immediate lifesaving activities are occurring, it is important to assess how soon the response phase can transition to recovery. Critical response phase operations will gradually shift to assisting individuals, households, businesses, and governments in meeting basic needs and re turning to self-sufficiency. Recovery activities may be both short- term, intennediate, and long tearm, ranging from restoration of essential utilities, such as water and power, to mitigation measures designed to prevent future occurrences of a given threat. MITIGATION PROGRAM Mitigation efforts occur both b efore and after emergencies or disasters. Some post-disaster mitigation activities may be incorporated into the recove ry process. Effective mitigation includes eliminating or reducing the impact of hazards that exist within the City. Details on the City's mitigation activities (particulal'ly post-disaste r) are included in the Local Hazard Mitigation Plan Mitigation efforts include, but are not limited to: • Amending local ordinances and statutes, such as zoning ordinances, building codes, and other enforcement codes • Initiating structural retrofitting measures • Assessing tax levies or abatements • Emphasizing public education and awareness • Assessing and altering land use planning EMERGENCY MANAGEMENT AND HOMELAND SECURITY COUNCIL It is the duty of the Emergency Management and Home land Security Council to oversee the preparedness activities of city departments, ensuring unity of purpose. This includes preparing and approving plans, training employees for emergency and disaster-related functions, and related emergency preparedness activities. EMERGENCY MANAGEMENT AND HOMELAND SECURITY OFFICE Under the direction of the Fire Chief, the Emergency Services Coordinator (ESC) manages and oversees the day-to-day operations of the Emergency Management and H omeland Security 2022 Update 3 197 City of Huntington Beach Emergency Operations Plan Basic Plan (EMHS) Office. The ESC manages, plans, and organizes v arious citywide EMHS programs that assistcity leadership and s taff to prepare, mitigate, respond and recover from natural and human- made emergencies. The ESC plans and directs emergency operations and recovery efforts before, during, and after emergency/special events; directs the activation of the City Emergency Operations Center (EOC) and Command Posts, and serves as a member of the Director of Eme rgency Management's an incident commander's support staff. LOCAL EMERGENCY PLANNING COMMITTEE In September 2006, the City formed the Emergency Preparedness Committee . In 2014 the committee was officially created as a part of the Municipal Code 8 .60 and renamed the Local Emergency Planning Committee (LEPC). The LEPC is a s tanding and working Emergency Management and Homeland Security Council subcommittee. The committee's membership includes the Emergency Services Coordinator and a senior manager from each City department. The LEPC will provide operational direction for implementing the programs and policies established by the Emergency Manageme nt and Homeland Security Council, assist in the preparation of emergency plans, coordinate department emergency h·aining/exercises, and speak on behalf of the department. The committee will meet monthly, at the council's direction or upon the committee chair's call. CITIZEN CORPS COUNCIL The Citizen Corps Council is a Department of Homeland Security recommended group that collaborates with govermnent and non-government agencies and volunteer organizations, the private sector, and faith-based and other entities involved in public s afety activities to achieve common e mergency management goals. The council is represented on the LEPC and will work with community members to meet Citizen Corps goals and objectives. A segment of the LEPC and quarterly meeting of the EMHS Council w ill be devoted to issues and discussions relating to Citize n Corps Programs. VOLUNTEER GROUPS Huntington Beach has made disaster preparedness public education a priority since 1985, when the City hired an Assistant Coordinator to s tart a community outreach program. This culminated in the Community Emergency Response Team (CERT) Program which was started in 1991. CERT plays a crucial role in the City's preparedness training efforts . CERT training is offered a t least once a year by the Emergency Management and Homeland Security (EMHS) office. Since 1991, over 10,000 residents have b een trained through the EMHS Office and the CERT program to prepare and respond to their family, neighborhood, school, business, and/or City in a disaster. ORANGE COUNTY EMERGENCY MANAGEMENT ORGANIZATION OCEMO is a standing subcommittee (the working group) to the OA Executive Board. They are required to establish OA policies, procedures, training, exerci ses, and plans. They review Emergency Management legis lation and g rant opporhmities. OCEMO identifies and examines programs of concern to the subdivisions and the county and coordinates the development of appropriate plans and programs leading toward an integrate d OA approach to preparedness for 2022 Update 4 198 City of Huntington Beach Emergency Op e rations Plan Basic Plan emergencies. This includes cost-efficient and effective programs, coordinated public education, and sharing of specialized programs, plans, and tools. OCEMO coordinates the emergency management needs of the jurisdictions within Orange County. City of Huntington Beach Emergency Response Organization (ERO) is formed per City Municipal Code Ordinance chapter 8.60. This Municipal Code Ordinance describes the powers and duties, the Emergency Management and Homeland Security (EMHS) Council, the role of the Director of Emergency Management (DEM), and the Emergency Operations Plan (this plan). The City will manage emergencies operating under the following: • The Standardized Emergency Management System (SEMS) and the Operational Area concept -adopted in November 1995 (City Resolution 6732) • The National Incident Management System (NIMS) -adopted on August 1, 2005 (Resolution 2005-47) • The Unified County of Orange and Orange County Operational Area Emergency Operations Plan -2019 • Huntington Beach Municipal Code Ordinance 8.60 (revised and updated 2014) Together, these operational systems outline how the City's Emergency Response Organization will respond to critical incidents, emergencies, and disasters coordinated in the fi e ld, at the local level, and tlu-ough the county, region, state, and federal levels. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) The City conforms to the requirements of SEMS and NIMS and uses the concepts of incident command, common terminology, span of conh·ol, and resource management common to both systems. The City applies standard operating processes and procedures in managing small incidents and may not activate the EOC. The NIMS provides a comprehensive approach to emergency management for all hazards. NIMS integrates existing best practices into a consistent, nationwide approach to domestic emergency management applicable to all juris dictional levels (public and private ) and across functional disciplines. NIMS incorporates Incident Command System (ICS), a standardized on-scene emergency management concept designed to provide an integrated organizational sh·ucture for single or multiple emergencies and to facilitate emergency response across jurisdictional boundaries. INCIDENT COMMAND SYSTEM The C ity responds to disaste rs using ICS, which is a primary component of both SEMS and NIMS. This standardized incident manage ment concept allows responders to adopt an inte grated organizational structure equal to the complexity and demands of any single incide nt or multiple incidents without b eing hindered by jurisdictional boundaries. 2022 Update 5 199 e City of Huntington Beach Emergency Operation s Plan Basic Plan ICS is based on a flexible, scalable response organization. This organization provides a common framework within which people can work together effectively. The ICS is designed to establish standard response and operational proce dures because response p ersonnel may be drawn from multiple agencies that do not routinely work together. This reduces the potential for miscommunication during incident response. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) In 1991, the Oakland -Eas t Bay Hills Fire revealed gaps in coordination during disaster r esponse. As a result, a bill was introduced by Senator Nicholas Petris from the Oakland area, and Government Code Section 8607 became law. This law intende d to improve the coordination of state and local agencies during a disaster or emergency response in California by making many of the same precepts of ICS applicable at ALL levels of emergency management, from the field to the state. The statute directed the Gove rnor's Office of Emergency Services (Cal OES), in coordination with other state agencies and local agencies, to establish the Standardized Emergency Management System (SEMS). With the creation of SEMS also came the requirement that in California, all state, county, city, and special district agencies use SEMS during an emergency or disaster and that all state, county, city, and special dish·ict agency employees take a basic course in SEMS. Figure 1.1 provides an overview of the SEMS structure. Figure 1.1-SEMS Organizational Structure Field Response •Commands on-scene information, resources, and priorities Local • Manages and/or coordinates information, resources, and priorities within i ts jurisdiction Operational Area • Manages and/or coordinates information, resources, and priorities among all local governments within the boundary of a county • Manages and coordinates information and resour ces among operational a reas •Statewide resource coordination integrated w ith Federal agencies FIELD The Field leve l is where emergency response personnel and resources, 1mder the command of responsible officials with jurisdiction. Using the sh·ucture of ICS and the established standard operating procedures, first responde rs cany out tactical decisions and activities in direct response to an incident or threat. As events evolve and re quire activation of the EOC, Field level resources maintain local command of incident response and mitigation (in the form of a DOC) while coordinating with the EOC. 2022 Update 6 200 e City of Huntington Beach Emergency Operations Plan LOCAL GOVERNMENT Basic Plan According to California Government Code and SEMS doctrine, a local agency (local government) includes incorporated cities, special districts, and the county. Local governments manage and coordinate the overall emergency response and recovery activities within their jurisdiction. Local governments are required to use SEMS when their EOC is activated, or a Local Emergency is proclaimed, to be eligible for State reimbursement of response-related costs. OPERATIONAL AREA SEMS regulations specify that the county board of supervisors is responsible for establishing an Operational Area. The Orange County Sheriff-Coroner Department is the lead agency for the Orange County OA. All local governments should cooperate in organizing an effective operational area, but the operational area's authority and respon sibility are not affected by the nonparticipation of any local government. If the Orange County OA is activated, a Director of Emergency Management (DEM) or Operational Area Coordinator will be appointed, depending on the type of hazard. They will h ave the overall responsibility for coordinating resources on behalf of OA members and supporting emergency operations within the county. The Orange County EOC located at Loma Ridge fulfills the role of the OA EOC. Initial requests for federal assistance will be made to and coordinated with the FEMA Region IX Regional Response Coordination Center (RRCC) by the Cal OES Operations Center (SOC) unless other, more specific, procedures are agreed upon and contained in mutually approved contingency plans. Other federal interactions with the Operational Areas and OA Members may include the: • Environmental Protection Agency during hazardous materials incidents • U.S . Coast Guard on oil spills • FBI in law enforcement operations • U.S. Forest Service during wildfires • Health and Human Services in public h ealth emergencies 2022 Update 7 201 9 City of Huntington Beach Emergency Operations Plan REGIONAL LEVEL The Regional le vel is administered by the State and manages and coordinates information and r esources among Operational Areas, and within or between one or more mutual aid regions established by Cal OES. The Regional level coordinates overall State agency support for emergency response activities within the Region. California is divided into three (3) Cal OES administrative regions -htland, Coastal, and Southern; six (6) fire and rescue mutual aid regions; and seven (7) law enforcement mutual aid regions. The Regional level operates the REOC and serves , as the coordination and communication link between the Operational Area and the State level. . " ., '"' Basic Plan Administrative, Mutual Aid, and Local Emergency Planning Committee Regions Coastal MAand LEPC Region II Inland MA and LEPC Region Ill MA and LEPC Region IV MA and LEPC Region V SotMern MA and LEPCReglonl MA and LEPC ReglonVI The re are 11 counties and 151 incorporated cities within the Southern Administration Region. Within the region, 226 Figure 1.2 -Administrative, Mutual Aid, and Local Emergency Planning Committee Regions incorporated cities include 2 nuclear plants. The total population of all cities and counties in the Southern Region is approximately 21,648,506. STATE LEVEL The state-level manages s tate resources in response to the Cal OES Southern Region 4671 Liberty A venue, Building 283 Los Alamitos, California 90720 (562) 795-2902 Office (562) 795-2963 Fax e mergency n eeds of the other levels and coordinates mutual aid among the mutual aid region s and between the regional level and s tate level. The s tate-level also serves as the coordination and communication link between the state and the federal disaster response system . The State level requests assistance from other s tate governments through the Emergency Management Assistance Compact (EMAC) and similar interstate compacts/agreements and coordinates with FEMA. The Cal OES SOC is located at 3650 Schriever Avenue, Mather, California. FEDERAL AUTHORITIES • Federal Civil Defense Act of 1950 (PL 920) as amended • Federal Disaste r Relief Act of 1974 (PL 93-288) • Flood Conh·ol and Coastal Act (PL 84-99) (US Army Corps of Engineers) • Homeland Security Act of 2002 • Homeland Security Presidential Directive (HSPD) 5, Management of Domestic hlcidents 2022 Update 8 202 City of Huntington Beach Emergency Operations Plan • Homeland Security Presidential Directive (HSPD) 8, National Preparedness Basic Plan • U.S. Dept. of Homeland Security (USDHS) National Incident Management System (NIMS) • U.S. Department of Homeland Security (OHS) National Response Framework (NRF) • Presidential Directive 39 and 62 terrorism investigations delegated to U.S. De pt. of Justice/FBI • Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Public Law 93-288), as amended • National Fire Protection Association, Safer Act Grant; NFPA 1710, 2010 • Americans With Dis abilities Act (ADA), 1990 • ADA Amendment Act (AD AAA), 2008 • Post-Katrina Emergency Reform Act, 2007 • The Pets Evacuation and Transportation Standards Act of 2006 • National Response Team (NRT)-1, Hazardous Materials Emergency Plmming Guide and NRT-lA Plan Review Guide (Environmental Protection Agency's National Response Team) • National Environmental Policy Act of 1969, 42 U.S.C. 4321 STATE AUTHORITIES • State of California Emergency Plm1 • California Emergency Services Act, Chapter 7 of Division 1 of Title 2 of the Government Code • Government Code Section 8605 (Counties d esignated Operational Areas) • California Government Code 8607(a) creation of SEMS • California Office of Emergency Services (OES) Standm·dized Emergency Management System (SEMS) Guidelines • California Master Mutual Aid Agreement • California Law Enforcement Mutual Aid Plan • California Oil Spill Contingency Plan • California Natural Disaster Ass istance Act (Chapter 7.5 of Div 1 of Title 2 Government Code • California Hazm·dous Materials Incident Contingency Plm1 • California Health and Safety Cod e, Div 20, Chapter 6.5 (haz ardous materials) • California Fire Service and Rescue Emergency Mutual Aid Plan • California Emergency Resources Mm1agement Plm1 • California Constitution • Standardized Emergency Mm1agement System (SEMS) Regulations; Chapter 1 of Division 2 of Title 19 of the California Code of Regulations and Government Code Section 8607(a) • California Emergency Management Mutual Aid Plan • California State Private Nonprofit Organizations Assistance Program, 2011 • Orders and Regulations which may be selectively promulgated by the Governor during a State of Emergency 2022 Update 9 203 e City of Huntington Beach Emergency Operations Plan Basic Plan • Orders and Regulations Promulgated by the Governor to take effect upon the Existence of a State of War Emergency COUNTY AUTHORITIES • Orange County Operational Area (OC/OA) Emergency Operations Plan, 2007 • Orange County Fire Services Operational Area Mutual Aid Plan • American Red Cross Orange County Chapter -Disaster Operations Plan • OC/OA San Onofre Nuclear Generating Station (SONGS) Emergency Plan • OC/OA Weapons of Mass Destruction (WMD) Annex • OC/OA Aviation Accident Annex • OC/OA Metropolitan Medical Response System (MMRS) Annex • OC/OA Tsunami Annex • OC/OA Care and Shelter Annex • OC/OA Dam/Reservoir Failure Annex • OC/OA Strategic National Stockpile Annex • Orange County Fire Authority's Hazardous Materials Area Plans • Orange County Law Enforcement Mutual Aid Contract • Orange County Fire Service OA Mutual Aid Plan CITY OF HUNTINGTON BEACH AUTHORITIES • City of Huntington Beach Municipal Code Ordinance Chapter 8.60 • Local Hazard Mitigation Plan • SEMS, the Incident Command System and Operational Area concept, adopted by Huntington Beach Resolution 6732 • Cenh·al Net Operations Authority Joint Powers Agreement • Metro Cities Fire Authority -Emergency Communications Plan (Metro Net) • Huntington Beach Municipal Code Ordinance 17.05.120 Hazardous Conditions • NIMS and its concepts and policies, adopted by Huntington Beach Resolution 2005-47 • City of Huntington Beach adoption of Orange Cow1ty's Public Works Mutual Aid Plan, 1996 2022 Update 10 204 City of Huntington Beach Emergency Operations Plan 2022 Update Basic Plan 11 205 City of Huntington Beach Emergency Operations P l an 2 COMMUNITY PROFILE Basic Plan The City of Huntington Beach has a population of approximately 196,000 residents within an area of approximately 27.7 square miles. For additional information and details about the City, refer to the most recent City and Local Hazard Mitigation P lan. 3 HAZARDS ANALYSIS A hazard analysis has indicated that the City is at risk from numerous hazards associated w i th natural disasters and technological incidents. Many of the ha zards which exist in or adjacent to the City have the potential for causing disasters exceeding any one jurisdiction's capabilities to successfully respond, making regional collaborat ion essential. Hazards identified as a r isk to the City could result in an EOC activation. A detailed analysis of hazard s faced by Huntington Beach can be found in the most r ecent Local Hazard Mitigation Plan. Th e threats, risks, and vulnerabilities are based on multiple variables that constantly change with new information, mitigation, and preparedness measures and as n ew threats arise. As more accurate and detailed information becomes avail able, it may or may not affect a specific hazard's risk/vulnerability scoring. As a resul t, only a generalized descriptio n of each threat is placed in this plan . The EMHS Office is responsible for keeping apprised of this information, maintaining records, and e n suring the Emergency Response Organization is aware and includes it in preparedness and mitigation programs/projects. During the plan review cycle, information will be updated if needed, and the City Emergency Preparedness Committee will make adjustments. Table 3.1-Hazard Prioritization IMPACT THREAT HAZARD PROBABILITY LOCATION PRIMARY SECONDARY TOTAL Seismic 4 4 4 4 64.0 High Haz ards (Highly Likely) (Ex tensive) (Extreme) (High) Drought 4 4 2 (Moderate) 2 48.8 High (Highly Likely) (Extensive) (Limited) Coastal 3 3 (Significant) 3 4 39.0 Medium Hazards (Likely) (Severe) (High ) Flood 3 3 (Significant) 3 3 36.0 Medium (Like ly) (Severe) (Moderate) Severe 3 4 2 (Moderate) 2 33.6 Medium Weather (Likely) (Extensive) (Limited) Human-3 2 2 (Moderate) 2 24.0 Medium caused (Likely) (Limited) (Limite d) hazards Geologic 2 3 (Significant) 2 (Modera te) 2 19.2 Medium Hazards (Occasional) (Limited) Dam Failure 1 4 4 4 16.0 Medium (Unlikely) (Extensive) (Extreme) (Hi!tlt) 2022 Update 12 206 City of Huntington Beach Emergency Operations Plan NATURAL HAZARDS SEISMIC HAZARDS (FAULT RUPTURE, GROUND SHAKING, LIQUEFACTION) Basic Plan Description: Seismic hazard s include three differ ent but related hazard types-fault rupture, ground shaking, and liquefaction-a ll of which are consequences of earthquakes. Earthquakes the m selves are caused by the movement of large pieces of the earth's crust, called tectonic plates. As the tectonic plates move against each other, they can b ecome stuck together, causing s tress between the plates to build up until it eventually overcomes the friction holding them together. When this happens, the stress is release d, and the plates suddenly slip pas t each other, creating the shaking that we call an earthquake. Earthquakes occur along boundaries called fault lines. These fault lines may be the actual border between plates, but they may also b e borders between two sections of a s ingle plate, created by the repeated process of accumulated and released stress. Risk/Threat: The City in its entirety is under direct threat from earthquakes. It is located near multiple faults, including the San Andreas Fault, the most active fault in California, and sits on the Newport-Inglewood Fault, the second most active in the state. Fault rupture: Affects areas immediately adjacent to the fault in question. As a result, only faults running through Huntington Beach are at risk of creating a fault rupture hazai·d in the community. However, fault rupture in neighboring communities may cause indirect damage or challenges for Huntington Beach. The only known fault in Huntington Beach is the Newport Inglewood fault, which extends from Santa Monica to Newport Beach, and then continues offshore as far south as Oceanside. The last major rupture of this fault (the 1933 Long Beach earthquake) did not cause any surface rupture. Ground shaking: Like large section s of California, Huntington Be ach sits in a se ismically active area and may be exposed to ground shaking from numerous different e ai·thquake events . While many small faults in the area or lai·ge faults a greater distance away may produce minor ground shaking, a limited number of faults could create more s ubstantial ground shaking in the community. Liquefaction: Parts of Huntington Beach s it on soil prone to liquefaction. Th e liquefaction risk is highest in the Sunset Beach and Hunting ton Harbour neighborhoods, along the coast, and the lowland areas inland of the Balsa Chica wetlands. However, most of the low-lying inland areas of Huntington Beach are also within areas of high to very high liquefaction pote ntia l, and the northe rn edges of the two mesas are in a zone of medium to high liquefaction potential. Only the two mesas themselves have a low risk of liquefaction. 2022 Update 13 207 e City of Huntington Beach Emergency Operations Plan Basic Plan Affected Population Estimates: Fault rupture and ground shaking in the region could affect all residents, but special consideration should be given to persons with disabilities, access, and functional needs. Huntington Beach's liquefaction hazard zone is home to approximately two- thirds of the community's residents. Individuals within the liquefaction zone are not more socially vulnerable than the average Huntington Beach resident due in part to the large size of the hazard zone. As with many other types of hazards, lower-income persons may be more likely to live in less sh·ucturally sound homes and so may experience more significant liquefaction events than less socially vulnerable persons. Geographical Characteristics: See the 2017 Huntington Beach LHMP for figures. Response Considerations: A major earthquake in the region will have responders from multiple agencies. The city must establish a UC with all affected agencies. A sustained EOC activation will be required to coordinate the response and support the incident with logistical needs, alert and warning, public messaging, and sheltering. Associated Plans: • City of Huntington Beach Plans: LHMP • Orange County Operational Area EOP: JIS Annex, Recovery Annex, Mass Care and Shelter Annex • OCFCA Plans: MCI Plan, Earthquake Plan DROUGHT Description: A drought is a period in which water supplies become scarce. In California, droughts occur when precipitation is limited for an extended period. Unlike most other hazards, droughts develop over a long period, often taking multiple dry years to cause drought conditions, which may persist for years. Droughts may also significantly impact communities not directly in the affected area. Risk/Threat: Huntington Beach is somewhat buffered from drought conditions due to its large reliance on groundwater, supported by the additional supplies made available by the GWRS and helped by recent state legislation requiring sustainable use of groundwater basins. However, as the state's recent drought has shown, the community must s till reduce water use substantially during drought conditions to reduce the risk of shortages. Lengthy droughts that begin to affect groundwater supplies will have greater impacts on the community, particularly if the local and regional populations continue to grow. Affected Population Estimates: Given Huntington Be ach's location, any drought that is significant enough to reduce water supply to southern California may have an impact on the City. The regional nature of drought hazards means that all of Huntington Beach is likely to be exposed to similar drought conditions if such an event occurs and that there is no "haz ard zone" for drought events. 2022 Update 14 208 City of Huntington Beach Emergency Operations Plan Basic Plan Frequency: Droughts are a regular feature in California and are almost certain to continue to occur in the future, with varying severity and duration. Geographical Characteristics: Droughts are usually a region-wide hazard, and at times may extend statewide or cover multiple states. However, the specific impacts of drought can depend on several local conditions, including water supply systems, soil types, and land uses. As a result, two communities m1der similar drought conditions may experience different impacts. Response Considerations: It is unlikely that the City would activate the EOC during a drought. Associated Plans: • City of Huntington Beach Plans: LHMP, Urban Water Management Plan • Orange County Operational Area EOP • Water Emergency Response Organization of Orange County (WEROC) EOP COASTAL HAZARDS (COASTAL EROSION, SEA LEVEL RISE, TSUNAMI) Description: Coastal erosion: the wearing away of beaches and coastal bluffs by wind, rain, high tides, and surf. Sea level rise: the increase in the average height of the ocean's surface. Tsunami: a wave generated by the sudden displacement of a large volume of water. 2022 Update 15 209 City of Huntington Beach Emergency Operations Plan Risk/Threat: Basic Plan Coastal erosion: Coastal erosion occurs all along the 9.5-mile-long Huntington Beach shoreline. All of the community's beach areas experience erosion, although the beaches are replenished by natural processes and artificial beach nourishment projects. Bluff erosion occurs along Huntington Beach's coastal mesas, located between Golden West Street and Seapoint Sh·eet. Sea level rise: All low-lying coastal areas in Huntington Beach are exposed to sea-level rise, including all beaches . Higher sea levels may increase community vulnerability to hazards such as storm surges and tidal flooding, and may also exacerbate coastal erosion by decreasing the s ize of protective beaches. These hazards could threaten private buildings, public facilities, roads, and beaches in vuh1erable areas such as the Sunset Beach and Huntington Harbour neighborhoods, areas located south of the Hw1tington Beach Pier, the AES power plant, and the Huntington By The Sea RV Park. Becau se the degree and probability of sea level rise expected to occur is uncertain, the City should continue to assess vulnerability and monitor sea level rise over time. Tsunamis: The tsunami risk zone in Huntington Beach covers the beachfront are a of the community as well as several inland areas, similar to the hazard zone for extreme tidal flooding after extensive sea level rise. The Huntington Harbour area is at risk, as is the area inland of the Balsa Chica wetlands extended as far east as Edwards Street and north past Warner Avenue. Southeastern Huntington Beach, north past Indianapolis A venue in some locations, is also within the risk zone. Areas within the risk zone are not necessa rily subject to inundation during a tsunami event, but the risk zone does mark an area where there is a reasonable threat to individual health and private property from a tsunami and an area where evacuations could be called if a tsunami occurs. Affected Population Estimates: Huntington Beach ha s a large number of people living near the coast who are vulnerable to coastal hazards, although there are no defined hazard zones for coastal erosion or sea-level rise. Coastal erosion is a threat t o properties located imme diately adjacent to the ocean. This primarily includes community beach es, the multi-use b each path, including a Class I Bike Path and other shoreline recre ational are as, but also includes homes in Sunset Beach and the Huntington Pacific Beach condominiums near the pie r. The tsw1ami hazard zone is home to over 40,000 residents in approximately 16,500 households . On average, residents in the tsunami hazard zone are not substantially more socially vulnerable than the typical community membe r. Indeed, residents in the tstmarni hazard zone are to some degree less socially vulnerable, as they generally h ave a higher income and higher levels of English proficiency. Frequency: 2022 Update 16 210 City of Huntington Beach Emergency Operations Plan Basic Plan Coastal erosion: As it is an ongoing process, coastal erosion is expected to continue. The rate of future coastal erosion is difficult to anticipate, but any increases in sea le vels or the frequency and/or severity of storms may likely increase the erosion rate . Sea level rise: While the rate of sea-level rise h as been slow along the Orange County coast, it is projected to accelerate in the future. Based on the b est available science, sea level rise of 1 foot is expected by 2030, an increase of 2 feet by 2050, and an increase of 55 inches to as much as 66 inches i s expected by 2100. However, new research suggests that Antarctic land ice is melting much faster than previously expected and could cause an exh·a 24 to 48 inches of sea- leve l rise by 2100. Tsunami: Since t s unamis are primru.-ily caused by earthquakes or similar events that cannot be easily forecasted, it is impossible to accurately assess how often fuhue tsunami events will occur or how large or destructive the waves will b e. However, given that tsunamis have occurred in the pas t in Huntington Beach, it is likely that they will continue to occur at a rate comparable to past events and that a serious tsunami event will affect the community at some point in the future. Geographical Characteristics: See the 2017 Huntington Beach LHMP for figures. Response Considerations: The most likely event that would trigger activation of the EOC would be a Tsunami Warning from a seismic event. If this type of event were to occur, the Emergency Services Coordinator will determine the potential threat to the City, identify the potential areas affected, and conduct the appropriate notifications to City staff, residents, bu sinesses, and visitors to ensure safe evacuation if n ecessary. Associated Plans: • City of Huntington Beach Plans: LHMP • General Plru1: Nahual Element and Coastal Resiliency Program FLOOD Description: A flood occurs any time a body of water rises to cover what is u s ually dry land. Floods h ave many cau ses, including heavy rains, spring snowmelt, tsunamis, hurricanes, coastal storms, ru1d dam or levee failure. When flooding occurs, affected areas may s u s tain damage to structures and personal prope rty, as well as severe damage to the e nv ironmen t in the form of soil erosion ru1d deforestation, and drunage to utilities and transportation system s. Risk/Threat: There is no indication that the severe rainfall that leads to flooding will abate in the future, either in Huntington Beach or the greater region of Southern California. While Huntington Beach may experience prolonged periods of dry or wet years, flood events will like ly continue to impact the City. For areas within the 100-year ru1d 500-year flo od hazard zones, the likelihood of fl ooding to occur on an annual basis is 1 % and 0.2%, respectively. 2022 Update 17 211 e City of Huntington Beach Emergency Operations Plan Basic Plan Affected Population Estimates: Collectively, close to 52,000 residents live in an area that faces elevated flood risks. Residents of the 100-year flood zone are generally more likely to be under the poverty limit than a typical Huntington Beach resident, which may limit their ability to prepare their homes for a flood disaster if any extensive work is required. The 500-ye ar flood zone contains a higher percentage of elderly households and households with a dis abled person, and such households may find it more challenging to make flood safety retrofits due to a lower degree of mobility. Frequency: Although flood conh·ol measures, such as infrastructure along the Santa Ana River, have reduced the risk of flooding in Huntington Beach, they have not completely removed it, as demonstrated in more recent flood events such as the January 1995 flooding. As a result, flooding in Huntington Beach is expected to continue to occur Geographical Characteristics: See the 2017 Huntington Beach LHMP for figures. Response Considerations: During a flood situation, the HBPD and HBFD will establish a UC, and the EOC w ill support the UC with logistical needs, alert and warning, public messaging, and sheltering. Associated Plans: • City of Huntington Beach Plans: LHMP • Orange County Operational Area EOP: Flood Annex, Dam and Reservoir Annex, Mass Care and Shelter Annex SEVERE WEATHER (HIGH WINDS/WINDSTORMS, TORNADOES) Description: Tornados: A tornado is a rapidly rotating column of air re aching from a thunderstorm cloud to the ground, often visible as a funnel cloud. They form when the high winds present in a thundercloud drag a rotating section of the cloud called the mesocyclone below the base of the rest of the cloud. This causes changes in the temperature, air pressure, and humidity around the mesocyclone, which focuses the mesocyclone over a small area and drags it toward the ground. If the focused m esocyclone touches the ground, it b ecom es a tornado. The threats posed by tornados come from the high wind speeds within the rotating funnel cloud, which can cause direct damage to structures it passes over. The high winds can also pick up and fling large pieces of debris, causing further damage. The winds of a tornado can exceed 200 miles an hour, and the highest wind speed observed was approximately 300 miles an hour (Raymond 2009). Tornados can be multiple miles w ide or very thin, although the size of a particular tornado does not n ecessarily indicate its desh·uctive potential. They may persist for hours or las t only seconds. They may also move very quickly and cover well over a hundred miles or affect only a small area (NOAA 2016e). A tornado's strength is measured using the Enhance d 2022 Update 18 212 City of Huntington Beach Emergency Operations Plan Basic Plan Fujita (EF) scale, base d on estimates (not actual measurements) of wind speeds as determined by observed damage. Windstorms: Severe winds can occur due to an inte nse storm system, or they may be independent of any storm activity. In many p a rts of Southern California, the most common windstorms are the Santa Ana winds, which occur when differences in temperature and air pressure between the high desert and the coastal areas generate winds that blow toward the coast. As these winds decrease in ele vation between the high desert and the coast, the air compresses and heats up, creating a Santa Ana event's hot, dry characteristics. Windstorms generally involve winds faster than 47 mph, as this is u sually the thres hold for sh·uctural damage, although some property damage or minor injuries can occur at lower s peed s. High winds can directly damage structures, blow down trees and branches, and create airborne debris that can cause further damage. Windstorms frequently cause power outages, as high winds blow down power lines or bring trees and branches down on power lines. Risk/Threat: Tornado: Tornados are relatively rare in California, although they can occur anywhere. While topographic features such as mountains, oceans, and rivers are often thought to prevent tornados from forming or act as barriers to moving tornados, there is no evidence to support this. Urban areas are also no less susceptible to tornados than rural locations. Consequently, no part of Huntington Beach is at a greater or lesser risk of tornados than others. Windstorms: May occur in any area of Huntington Beach. No part of the community is at greater or lesse r risk of a windstorm. All areas of Huntington Beach are equally at risk of experiencing severe winds. Affected Population Estimates: Socially vulnerable people are more likely to live in homes that may have structural weaknesses, which could be s ubject to g reater damage during severe weather events. Frequency: Tornados: Tornados are likely to continue to occur in Huntington Beach , based on past events, although all indications are that s uch events w ill remain rare. Windstorms: Past events indicate that windstorms will continue to occur in Huntington Beach. Geographical Characteristics: No part of Huntington Beach is at a greater or lesser risk of tornados than others. Response Considerations: The Emergency Services Coordinator will monitor weather reports and conditions to determin e the potential threat of severe wind . Based on these weather reports, City s taff will be n o tified of potential threats that could damage City buildings and 2022 Update 19 213 City of Huntington Beach Emergency Operations Plan Basic Plan infrastructure. Departments will be placed on alert once severe wind conditions are forecasted and resources and materials mobilized if necessary. Associated Plans: • City of Huntington Beach Plans: LHMP, DOC Plans GEOLOGIC (LANDSLIDES, METHANE-CONTAINING SOILS, AND SUBSIDENCE) Description: Landslides occur when slopes become destabilize d, typically after heavy rains or when s ignificant erosion from rainfall destabilizes the ground. Slopes that have recently burned ( due to wildffre) also face a greater risk from rain-induced landslides, as the fire removes vegetation that helps stabilize the earth. Earthquakes may also be a source of landslides as the shaking can d estabili ze already loosened soils. Risk/Threat: Landslide: Much of Huntington Beach is not at risk of landslides, as the community's topography is mostly unsuitable for them. However, there is a potential for lands lides along the bluff areas at the edges of the mesas. The mesa cliffs between Adams A venue, Beach Boulevard, Talbert Avenue, and Newland Street are potentially susceptible to landslides, as are the bluffs west of Edwards Street near the Bolsa Chica wetlands. Some of the cliffs in Central Park are also at risk of landslides . Landslides in Huntington Beach are more likely to be induced by earthquakes rather than moisture. Affected Population Estimates: Landslide: Due to the very small size of the landslide hazard zone in Huntington Beach, there is no specific social vulnerability for lands lide hazards. Frequency: Landslide: The potentia l for lands lides is limited to specific areas a long mesa bluffs. There is no record of any subs tantive landslide in the community, although this does n ot mean that the risk of such an event is entirely absent. Geographical Characteristics: See the 2017 Huntington Beach LHMP for figures. Response Considerations: During a geological hazard s ituation, the HBPD and HBFD will establish a UC, and the EOC will support the UC with logistical needs, alert and warning, public messaging, and sh e lte ring. Associated Plans: City of Huntington Beach Plans: LHMP 2022 Update 20 214 City of Huntington Beach Emergency Operations Plan DAM FAILURE Basic Plan Description: Dam failure occurs when a dam is damaged or desh·oyed to the point w here it partially or completely loses its ability to hold back water. When this occurs, some or all of the water impounded by the d am is suddenly released, causing a fast-moving fl ood downstream of the dam. Depending on the amount of water released, the flood caused by dam failure can resemble a flash flood, or in more severe instances, can resemble a wall of water similar to a tsunami. These floods can damage or d estroy property and cause injury or loss of life for people in the affected area. Due to the speed of the floodwaters, an unexpected dam failure event may occur too rapidly to effectively notify p eople living near the dam. Risk/Threat: There are no dams in Huntington Beach. However, the city is on the floodplain on the Santa Ana River. There are two dams, Prado Dam and Seven Oaks Dam, locate d upstream of Huntington Beach on the Santa Ana River. Failure of e ither dam could cause damage in Huntington Beach. Affected Population Estimates: Since such a large section of the city is in the dam failur e hazard zone, the social vulnerability of residents in the hazard zone is fairly s imilar to that of all of Huntington Beach. There are relatively few s te p s that individuals can take to r educe the damage from a major dam failure event, although a well-built home may have a better chance of surviving with less damage. Access to a vehicle is very important for evacuation purposes. Individuals without one may be disproportionately affected if alternative forms of transportation al'e not made available quickly throughout the community. Frequency: As previously note d, dam failure events are r are and have not occurred in Huntington Beach in the past. Additionally, both Prado Dam and Seven Oaks Dam only impound water during flood events, and thus there is no risk of dam failure exce pt during or imme diately after a flood when the reservoirs behind the dams are holding back a large volume of water. Geographical Chancteristics: See the 2017 Huntington Beach LHMP for figures. Response Considerations: A dam failure may occur sudde nly or gradually degrade over an extended period. The HBPD and HBFD will establish a UC, and the EOC will s upport the UC with logistical n eed s, alert and warning, public messaging, and sh eltering. Associated Plans: City of Huntington Beach Plans: LHMP, Annexes Orange County Operational Area EOP: Flood Annex, Dam and Reservoir Annex OCFA Plans: MCI Plan and Swift Water Plan 2022 Update 21 215 9 City of Huntington Beach Emergency Operations Plan HUMAN-CAUSED HAZARDS HAZARDOUS MA TERI A LS RELEASES Description: Hazardous materials release refers to a hazard Basic Plan event whereby harmful concentrations of hazardous or toxic substances are released into the environment. This occurs when storage containers of hazardous materials leak or fail. This can happen due to industrial accidents, vehicle crashes, as a direct result of other disasters (e.g., a flood or earthquake), or as a deliberate act. Risk/Threat: Hazardous waste can take the form of liquids, solids, contained gases, or sludge, and can be the by-products of manufacturing processes or simply discarde d commercial products, like cleaning fluids and pesticides. There is a risk of hazardous materials release events on a regional level due to prevailing wind conditions in severe s ituations, and airborne toxic material could spread and impact the City. The threat that hazardous materials pose to human h ealth depends on the type of material, frequency, and duration of exposure, and whether chemicals are inhaled, penetrate the skin, or are ingested, among other factors. Exposure to hazardous mate rials can result in short-or long-term effects, including major damage to organs and systems in the body, or death. Most of the release events within Huntington Beach have occurred due to human error, malfunctioning equipment, or as a deliberate act. Affected Population Estimates: While all residents can b e affected by a haza1·dous material release, those who live near indush·ial centers and transportation corridors are most su sceptible. Frequency: As long as hazardous materials are present in Huntington Beach , either permanently or temporarily, there is some chance of a hazardous material release. There is no indication that the amounts of hazardous materials in Huntington Beach will change substantially in the future (e.g., from the opening or closing of a large industrial facility), but such events are possible. Geographical Characteristics: See the 2017 Huntington Beach LHMP for figures. Response Considerations: During a hazardous materials incident, the City and OCFA will establish a UC, and the EOC will support the UC with logis tical needs, alert and warning, and public messaging. Associated Plans: City of Htmtington Beach: LHMP, Page 54 Orange County Operational Area EOP OCFA Plans: Hazardous Materials, Terrorist Response Plan 2022 Update 22 216 City of Huntington Beach Emergency Operations Plan TERRORISM Basic Plan Description: Terrorism is the use of force or the threat of force to intimidate the population and/or the government with the intent to achieve a particular political or social objective. Terrorists may seek to kill or injure people, damage, or destroy property, disrupt infrastructure or services, or some combination of these outcomes. Acts of terror often involve the use of firearms or conventional explosives, although other materials may be used in some cases (e.g., flammable materials in a terrorism-related act of arson). The use of biological, chemical, radioactive, or high-yield explosive materials (collectively called weapons of mass destruction or WMDs) in acts of terror is not unprecedented but is extremely rare. Terrorist acts are often perceived as being carried out by foreign individuals or groups, although American citizens have been responsible for most acts of terror in the US. Risk/Threat: The causes behind acts of t error are highly complex, often involving national or global political, social, or economic issues. It is impossible to reasonably forecast the likelihood of a future terrorist act in Huntington Beach or suggest which facilities or events may be potential targets. Like virtually all other communities, Huntington Beach will continue to be a target, likely a higher priority target than some neighboring communities, but also likely a lower priority target than other sites in the region. Affected Population Estimates: All residents, businesses, and infrastructure are susceptible to the effects of terrorism. Frequency: There have been no reported acts of terror within Huntington Beach itself, although multiple terrorist acts have happened in the region. Geographical Characteristics: Terrorism is not limited t o specific areas. Terrorists may target virtually any location, depending on their objectives, and there are no places that can be said to be complete ly safe from terrorist acts. Potential prominent sites that terrorists may seek to target include military bases, government offices, corporate headquarters, shopping malls, major industrial facilities and pieces of infrastructure, and large events. Response Considerations: A terrorist attack will have responders from multiple agencies. The City must establish a UC with all affected agencies. The EOC would be activated to coordinate the response and support the incident w ith logistical needs, alert and warning, public messaging, and sheltering. Associated Plans: City of Huntington Beach Plans: LHMP, Page 55; Huntington Beach Police Department Plans Orange County Operational Area EOP: WMD A1mex, JIS A1mex OCF A Plans: MCI, Active Shooter, and Terrorist Response 2022 Update 23 217 City of Huntington Beach Emergency Operation s Plan This Page Inte nti onally Bl a nk 2022 Upda te Basic Plan 24 218 City of Huntington Beach Emergency Operations Plan 4 CONCEPT OF OPERA TIO NS Basic Plan In broad terms, this section explains leadership intent with regard to emergency response operations. The Concept of Operations describes how the emergency response organization accomplishes its mission. Ideally, it offers a clear methodology to realize the goals and objectives to execute the plan. It includes roles and responsibilities, the organizational element of the overall emergency management program, a brief discussion of the EOC activation levels, and a description of control, direction, and intra-and interagency coordination. Emergencies can occur in several ways. An emergency warning such as a dam failure or tsunami warning may result in the EOC activation followed by the DOCs and mobilization of field resources. This is top-down activation. However, the more common type of emergency occurs when the field responders are the first on the scene, such as a fire or hazardous materials spill. The field personnel activate the DOCs and then the EOC if needed. This is bottom-up activation. The City must prepare for both types of occurrences. Every day, the City experiences emergencies, and police, fire, public works, and marine safety personnel respond. These operational departments respond to emergencies together on a regular basis. When an emergency incident requires the response of more than one department (including outside organizations) over an extended period of time, it is recommended that the ICS is established to manage the emergency, and the DOCs and EOC be activated, as needed. This alleviates many problems, including determining who is in charge, establishing coordination between responding agencies, coordinating communications, eliminating duplicate resource ordering, and providing a more effective response to the emergency. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of City's Municipal Code, Chapter 8.60 are thereby charged with duties incident to the prote ction of life and property in this city during such emerge ncy, shall constitute the emergency response organization of the city. 2022 Update Top-Down Activation Warning EOC Activates DOCs Activate Field Resources Mobilized Bottom-Up Activation EOC Activates DOCs Activate Field Resources Mobilized 9-1-1 Call Figure 4.1-Emergency Response Organization Activation 25 219 City of Huntington Beach Emergency Operations Plan FIELD LEVEL INCIDENT COMMAND SYSTEM Basic Plan The concepts, principles, and organizational structure of the ICS will be used in managing field operations. The size, complexity, hazard environment, and objectives of the situation will determine the ICS size and the s upport that will be required to support field activities. The incident will be managed by obj ectives to be achieved, and those objectives are communicated to fi e ld and EOC personnel u sing the action plruming process. Typically, ru1 Incident Commander (IC) will communicate with the EOC about the situation and resource s tatus through established communications channels. Members of the IC Command ru1d General Staff will communicate with their counterparts in the EOC using the same communications methods. Some m e mbers of the EOC may be asked to attend briefin gs or plruming meetings at an Incident Command Post. When multiple agencies respond to the incident, the IC will establish a Unified Command or Multi-Agency Coordination System; agency representatives will be asked to report to the Liaison Officer. Outs ide agencies, including those from county, s tate, and federal agencies, will participate in the Unifie d Command/Multi-Agency Coordination System by assisting in identifying objectives, setting priorities, ru1d allocating critical resources to the incident. FIELD/EOC COMMUNICATIONS AND COORDINATION Typically, fi e ld to EOC communications will occur at the Command and General Staff levels or, if they are established, field units will communicate with a Department Operations Center (DOC) who will, in turn, relay the information to the appropriate section/function in the EOC. The City EOC will communicate situation and resource status information to the Orange County Operational Area and o ther outside agencies via designated countywide emergency reporting systems, such as Web EOC. FIELD/EOC DIRECTION AND CONTROL INTERFACE The EOC will establish jurisdictional objectives and priorities ru1d communicate those to everyone in the orgru1ization through the Incident Action Plan (IAP). The IAP does not direct or control field w1its but s upports their activities. Incident Commander(s) will ensure incident objectives and priorities are consistent with those policies and guidelines established at the city level. It is the responsibility of the Incident Commander to communicate critical information to the Emergency Services Director in a time ly manner. FIELD/EOC COORDINATION WITH DEPARTMENT OPERATIONS CENTERS When a d eparhnent within the City establishes a DOC to coordinate and support its departmental field activities, its location, time of establishment, and staffin g informa tion will be communicated to the City EOC. All communications with the fi e ld units of that department will b e directed to the DOC, w ho will tlien relay s ih1ation and r esource information to the EOC. DOCs are intermediate communication and coordination links between field units ru1d the City EOC. 2022 Update 26 220 8 City of Huntington Beach Emergency Operations Plan Basic Plan Table 4.1-Response Levels Primary Field DOC EOC SEMS/NIMS Response Level Response Level Response Level Function Command/ Command is responsible for DOC Management Section is Manageme n t is Management the directing, ordering responsible for directing the responsible for facilitation and/or controlling of specific department or function's of overall policy, resources. (fire, law enforcement, sheltering) coordination and s upport resources and setting department of the incident. priorities. TI1ey implement the IAP. Operations TI1e coordinated tactical DOC Operations Section is Provide coordination and response of all fie ld responsible for one specific s trategy for all jurisdiction operations in accordance department's tac tica l operations. operations in support of with the Incident Action TI1ey manage the d e partment the response to the Pl an. resources and the functional emergency in a ccordance specific mutual aid resources, i.e., with the Incident Action HBPD would manage OC Sheri.ff, Plan. CHP, etc. mutual aid resources. Planning The collection, evaluation, DOC Planning Section is Collecting, evaluating, documentation, and use of responsible for department-specific and disseminating intelligence related to the information/inte lligence and information and incident. resource tracking, evaluation, and maintaining documentation. They provide documentation relative to information to the EOC to be all jurisdictions' activities. included in the IAP. Development and maintenance of the IAP. Logistics Providing faciliti es, services, DOC Logistics Section is Providing facilitie s, personnel, equipment and responsible for the department-se rvices, p ersonnel, materials in s upport of the specific ordering of resources, equipment, and mate rials inciden t. facilities, personnel, and services. in support of all They order: (1) from other juris diction activities as departmen ts through the EOC required. Operations; (2) mutual aid through the EOC Operations; and (3) purchasing through the EOC Logistics. This ensures a consistent ordering process and eliminates duplication. Finance Financial and cos t analysis DOC Finance Section is r esponsible Responsible for and administrative aspects for tracking personnel time and coordinating and not handled by other material costs. This informa tion is s upporting adminis trative functions. forwarded to the EOC Finance and fiscal cons ideration Section to be included in the daily surrow1di.ng an reports. emergency incident 2022 Update 27 221 9 City of Huntington Beach Emergency Operations Plan Basic Plan Each Department has a role and responsibility within the Emergency Response Organization. Table 4.2 identifies the key responsibilities undertaken by each department within the City. Tbl42 D R I dR 'bT' a e -epartment o es an espons1 1 1ties Department Responsibilities City Cow1eil Ratifies proclamation of a Local Emergency Provides policy guidance City Manager's Office Provides direction for the overall City coordination of Local Emergency response efforts Directs EOC during activations Directs recovery operations Leads City respon se and recovery efforts Issues initial Local Emergency proclamation for the City Provides public information services for the city City Attorney's Office Provides legal advice during emergency operations Community Development Coordinates safety assessments Coordinates damage inspection activities for private-sector facilities Coordinates post-disaster interim, transitional, and long-term housing solutions Community and Library Manages Logistics Section in the EOC Services Coordinates shelter activations and operations Emergency Management Advises City Manager and Elected Officials on plans, policies and procedures & Homeland Security Provides emergency management training to key s takeholde rs Office Supports law enforcement alert and warnings notifications Maintains the EOP and the City EOC in a constant state of readiness Finance Department Manages Finance Section in the EOC Manages emergency resource procure ment Facilitates post-disaster cost-recovery Es tab lishes systems/procedures for emergency procurement Fire Manages Planning Section in the EOC Man ages Fire Suppression, EMS, HAZMAT, Swift Water and USAR operations in the city. Coordinates Fire Mutual Aid Police Department Manages law enforcement activities for the City Coordinates alert and warning, and evacuations Provides security and perimeter control for vulnerable emergency response locations Provide coroner operations in the absence of the County Sheriff/Coroner Coordinates law e nforcement Coordinates aircraft assets responding to City Public Works Department Manages water, wastewater, and flood control ope rations Coordinates debris clearance for city government facilities Manages city vehicle fl eet to include fuel management Coordinates damage and safety assessments for City facilities Information Technology Provides technical support for all IT applications and systems, Cyber Human Resources Manages Disaster Services Worker s Staffing/Volunteers Manages workers compensation claims 2022 Update 28 222 City of Huntington Beach Emergency Operations Plan Basic Plan The authority to proclaim a Local Eme rgency is vested in the City Council, or if not in session, the Director of Emergency Management (City Manager), or designated alternate. A Local Emergency proclamation is invalid after seven days unless ratified by the governing body (City Council). In the event that the governing body ratifies the proclamation and the proclamation extends beyond seven days, the governing body must review the n eed to continue the proclamation at least every fourteen days until the Local Emergency is terminated. In any case, the governing body mus t proclaim the termination of the Local Emergency as soon as conditions warrant. If and when Orange County proclaims a Local Emergency, the City will be covered under their proclamation. According to the California Emergency Services Act, a proclamation of Local Emergency prov ides the local governing body the authority to: • Request and receive assistance from local, state, and federal • Provide public employees, disaster service workers, and governing bodies certain legal immw1ities for emergency actions taken. • Promulgate orders and regulations n ecessary to provide for the protection of life and property. • Promulgate orders and regulations imposing a curfew. • Additionally, the City defines in its government code the following: • In the event of a proclamation of a Local Emergency, the director is h ereby empowered: o To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by th e city council. o To obtain vital supplies, equipment, and other properties needed to protect life and property, and to obligate the city for the fair value thereof and, if required immediately, to commandeer for public use. o To require emergency services of any city officer or employee and, in the event of the proclamation, to command the aid of as many citizens of this community as he or she deems necessary. Such persons shall b e entitled to all privileges, benefits, and immunities provided by s tate law for registered disas ter service workers. o To requisition n ecessary personnel or material of any city department or agency. o To execute all of the ordinary powers as city manager, all of the s pecial powers conferred upon him or her by this chapter, or by resolution or e mergency plan adopted by the city council, as well as all powers conferred by any s tatute, by any agreement approved by the city cotmcil, and by any other lawful authority. Disaster Service Worker DISASTER SERVICE WORKER In compliance with s tate law, every City of Huntington Beacl1 e mployee is a Disaster Service Worker (DSW) and is expected to work at any time when the Emergency Operations Plan is 2022 Update 29 223 e City of Huntington Beach Emergency Operations Plan Basic P lan activated. The State of California Disaster Service Worker (DSW) Program includes a ll public employees impressed into service by a p erson having authority to command the aid of citizens in the execution of his or her duties during a state of war, a state of emergency, or a local emergency. As public e mployees, all paid City e mployees are DSWs. Examples of emergencies for which City employees may be called upon to help as DSWs include fire, flood, earthquake, or public h ealth emergencies. In an emergency, non-essential public employees (those that are not re quired for continuity of operations) may be released from their usual duties so that they can be reassigned to assist any agency or organization carrying out its emergency response duties. Employees acting as DSWs will be assigned duties within the scope of their training, skill, and ability. Examples of DSW responsibilities include: • Working in a shelter or mass prophylaxis clinic • Acting as a messenger at a designated site • Serving food to emergency staff or to vulnerable populations • Working in Disaster Recovery Centers Many City employees ru:e already identified and trained for emergency response in Department Operations Centers (DOCs) or the City Emergency Operations Center (EOC). Some departments have specific disaster response duties that employees are trained to fulfill. Employees who do not have a specific disaster assignment, and have not received specific training, may be asked to perform general duties as assigned w1der the DSW Program. RELEASE POLICY The primary responsibility for managing the response of City employees during and following a disas te r lies with the individual operating departments. Employees of all departments represent a valuable resource that might b e n eed e d in response to a disaster. In the event of an emergency during normal working hours, City em ployees shall remain at work ru1d may be assigned duties that can be performed safely to assist in the emergency response and recovery efforts of the City. The City Manager has sole authority to order a general r elease of City employees. Department H ead s may release individual employees as instructed by the City Manager and/or in accordance with their department emergency plan. Employees who leave their assignment without authorization when emergencies occur during working hours or fail to comply with instructions issued outside of normal working h ours m ay be s ubject to disciplinary action. RECALL POLICY, EOC STAFF If an indiv idual with responsibilities in the EOC b ecomes aware of an inciden t in Huntington Beach that they think might logically warrant EOC activation, but has not receive d an activation notification, then that individual should attempt to d etermine if the EOC has b een activated by: • Directly contacting the EOC via telephone 2022 Update 30 224 City of Huntington Beach Emergency Operations Plan • Contacting their Department Operations Center or Supervisor Basic Plan • Monitoring local Emergency Alert System (EAS) broadcasts for instructions -KWVE (107.9) If activation of the EOC cannot be confirmed through these sources, but reports indicate extensive damage to the Huntington Beach area, employees living in Seal Beach, Costa Mesa, Newport Beach, Fountain Valley, or Westminster should r e port to work as soon as possible. All others should, if possible, report within 12 hours. If roads are impassable and an employee cannot get to work, the employee should wait w1til they can do so safely. RECALL POLICY, EMPLOYEES Each City Department is responsible for having an employee recall procedure. Whenever an emergency occurs outside normal working hours, all employees are directed to follow news media broadcasts and comply with insh·uctions issued for City employees or respond in accordance with established departmental procedures. City staff recalled for duty following a disaster or in anticipation of a pote ntial disaster should report immediately to their pre-assigned location (e.g., Department Operations Center, if applicable) for emergency insh·uctions. If there is any question about where to report or if an employee's pre-assigned location is rendered inoperable, employees should immediately contact the EOC. Employees requested to report for duty should be instructed to te nd first to family needs b efore reporting. If necessary, employees can bring family members to work, and employee-specific shelters will be opened. Following a major disaster, employees h ·aveling from outside the City should be prepared to show proper City identification and explain the purpose of gaining entry to the City upon request by any law enforcement official. In addition, City identification may be required to obtain meals and lodging or gain access to designated City facilities or operations. REPORTING TO WORK It is expected that all employees will re port to work in their assigned disaster response roles after they have assessed the welfare of the ir families and the safety of their surroundings. Readiness to assume these roles is dependent on staffs prior development of p ersonal and house hold disaster preparedness plans. An employee's family should be made aware of this responsibility as a DSW and activate their personal preparedness plan accordingly. DURING NORMAL BUSINESS HOURS All employees on-site at the time of a disaster are expecte d to check in with their immediate supervisor, confirm the ir contact information, and await direction. As soon as they are able, those not on site are expected to report in (by t e lephone, email, or in-person) to their designated Department Operations Center (DOC) to determine whether and when they will be needed and what their assignment will be. 2022 Update 31 225 City of Huntington Beach Emergency Operations Plan OUTSIDE NORMAL BUSINESS HOURS Basic Plan Employees are expected to communicate (by telephone, e mail, or in person) with their supervisors as soon as feasible and respond to assistance requests. h1 the event that telephone communications or email transmiss ions are unavailable, e~ployees are encouraged to monitor social media (Facebook, Twitter, Instagram) and listen to local radio broadcas ts (KFWB, KNX, KABC) to receive the most updated disaster information, reporting insh·uctions, and respond as appropriate. EXPECTED WORK SHIFT During an emergency, shifts run in 12-hour increments, at minimum. If an employee is not identified to work the first 12-hour shift, their supervisor may direct them to report for the second 12-hour shift. Shifts may start at any time during a 24-hour period and are determined at the time an incident starts. Alert and Warning is the process of alerting governmental forces and the general public to the threat of imminent extraordinary danger. Dependent upon the nature of the threat and the population group at risk, a warning can originate at any level of government. The police department dispatch is designated as the Public Safety Answering Point within the City. As such, the function of Alert and Warning resides within the Law Branch. Success in saving lives and property is dependent upon timely dissemination of warning and emergency information to persons in threatened areas. Local government is responsible for warning the populace of the juris diction. Government officials accomplish this u s ing communications systems and warning devices located within the community or mounted on official vehicles. The warning devices are normally activated from a point that is staffed 24 hours a day. There are v arious federal, state, and local systems in place (described below) whereby an alert or warning may be originated or disseminated. Each description includes information specific to Orange County and explains how these system s may b e accessed. PHASES OF WARNINGS MONITORING City officials constantly monitor events and the environment to identify specific threats that may impact their jurisdiction and increase awareness of emergency personnel and the community when a threat is approaching or imminent. NOTIFICATION Notification involves contacting emergency res ponse perso1mel and public officials about actions they are to take, as well as details of the event. Emergency organizations maintain documented emergency n otification procedures, systems, and call lis ts to ensure resp o nsible individuals can b e notifie d in a timely manner. See the EOC Activation Plan for procedures and phone numbers for activating the EOC. 2022 Update 32 226 City of Huntington Beach Emergency Operations Plan ALERTING & WARNING THE PUBLIC Bas ic Plan Emergency officials implement warning procedures when a specific threat occurs. Warning requires immediate action to protect people, the environment, and public and private resources. NOTIFICATION METHODS SIREN SYSTEM Emergency warning sirens have been strategically placed at the fire stations throughout the City. The sirens are tested on the first Friday of the month at noon. Residents have been educated to know that if they hear the siren, it means "Seek More Infor111atio11" by turning on the TV and/or tuning to 107.9KWVE. The Siren System shall only be used in conjunction with the activation of AlertOC and/or the Emergency Alert System (EAS). ALERTOC AlertOC is Orange County's regional public mass notification system designed to keep those living or working in Orange County informed of important information during emergency events. The City has access to the system and can send messages to residents and businesses. A lertOC is available 24/7 and has been pre-loaded with landline phone numbers (including unlisted) and countywide geographic maps. Additionally, citizens have the option to provide additional contact info1mation via the self-registration portal www.alertoc.com. Upon the decision to activate, the system will be used to send a message describing the situation and recommended action the public should take. The message will be sent to affected businesses and households by landline, cell phone, text message, e-mail, and TDD/TTY device. As a general rule, AlertOC is used for urgent safety warnings to sh elter in place, evacuation notice, follow-up after the e mergency/danger has passed, or take other safety action. Messages are short and written in plain language. • Evacuation notices • Public health emergencies • Any notification to provide emergency information to a defined community EMERGENCY ALERT SYSTEM {EAS) The Emergency Alert System is a national public warning system that may be used by state, county, and local authorities to delive r important emergency information. EAS interrupts radio and television broadcasts across the m e dia market to delive r safety instructions. The National Weather Service is the agency that most often activates the EAS in Orange County. For incidents other than severe weather, Orange County Sheriff's Department Emergency Communication s Ce nte r has the ability to send EAS message s. EAS television broadcasts must be captioned, per FCC rules, so that this m e thod can reach people with vision or hearing imp airment. They are also intended to be sh ort and in plain language. However, broadcasts are usually only in En glish. 2022 Update 33 227 City of Huntington Beach Emergency Operations Plan Basic Plan The Orange County LP-1 is KWVE, 107.9 FM. The Orange County LP-2 is Control One, using a County VHF system. The LP stations will transmit emergency information first, and the participating stations and cable systems will then re-transmit the same emergency message. Activation of the Orange County EAS shall be for emergency events and conditions of concern to a significant segment of the population of Orange County and shall meet the requirements identified in the Orange County EAS Plan. EAS requests are submitted to the County of Orange Countywide Coordinated Communications Center (Control One). WIRELESS EMERGENCY ALERTS (WEA) WEA allows regional text warnings to be delivered directly to WEA-enabled mobile devices. WEA messages target individual cell sites; however, some bleed over is expected. A ll participating wireless providers are required to transmit alerts t o a geographic area that best approximates the area affected by the emergency situation, even if it is smaller than a county. The public does not need to register for this service. WEA geo-locates individuals so messages will reach all WEA-capable devices within the specified area, including visitors. A WEA alert appears on the screen of the recipient's handset as a text-like message. The alert is accompanied by a unique attention signal and vibration, which is particularly h e lpful to people with hearing or vision-related disabilities. WEA m essages are currently limited to 90 character s, typically warning the recipient of the type of incident and recommended safety action (e.g., shelter in place or evacuate). WEA is intended to complement other mass notification systems (EAS, AlertOC, Social Media) in that it alerts the public, including visitors, of a significant event or disas ter where they might need to take action. WEA is the same teclmology used to transmit Amber Alerts for missing children; however, cities cannot send Amber Alerts. In California, Amber Alerts are issued by the California Highway Patrol. MEDIA RELEASE AND SOCIAL MEDIA Both media releases and social media posts are important tools used during s ignificant events and emergencies. Media releases and social media posts are not only a means of communicating a warning but help the media amplify the message and provide a verified information source to the public. Many people who receive an emergency text message or phone call will s eek to verify the message in the media before taking action. Media releases may a lso r each people w ho do not have mobile phones, r each caregivers outside the impacted area, and generate n e w s coverage in languages other than English. In almost all instances, m e dia releases and social media should b e u sed when a warning is issue d to the public. Social media s uch as Twitter, Facebook, Nextdoor, and other platforms can b e u sed to inform the public quickly. These platforms may r each people who are not watching broadcast media. Accounts are not monitored 24 hours a day, nor are they considered a primary means of 2022 Update 34 228 City of Huntington Beach Emergency Operations Plan Basic Plan informing the public. This information should be reposted, when appropriate, by other city social m edia platforms. NATIONAL WEATHER SERVICE (NWS) The National Weather Service (NWS) transmits continuous weather information on designated frequencies nationwide. In addition to weather information, these radio s tations can broadcast emergency weather information and all-hazards emergency information. The public may purchase inexpensive radio receivers that receive these transmissions from local retail s tores. The frequencies for local weather informa tion are: 162.450 MHz -Orange County, Riverside County, San Bernardino County 162.550 MHz-Los Angeles County 162.400 MHz -San Diego County PUBLIC ADDRESS SYSTEM (PA) & VEHICLE SIREN The Htmtington Beach Police Department can issue warnings by u sing loudspeakers and sirens on their vehicles. Examples where this may be appropriate include: • Widespread evacuation • Haza1·dous materials incident • Civil disturbance • Crowd control This method effectively reaches most people, except those with hearing impairments, and s h o uld b e use d in addition to other mass notification systems, including AlertOC, WEA, etc., as appropriate. IN-PERSON NOTIFICATION A s uccessful alert and warning program relies not only on digital systems for notification but also on low-tech systems for hard-to-reach areas, fast-moving events where firs t responders may already be in the location, and areas where digital systems may b e unavailable. Door-to-Door notification can be highly effective, especially when reaching people who are asleep, those who live in rural areas, or those not reached b y other warning technologies. Dispatched personnel, most often law enforcement, should be trained in assisting individuals with access or ftmctional need s and p eople who speak languages other than English. Persmmel chosen to a ssist with this form of notification should b e clearly identified (usually by a uniform of some kind), selected to connect with the audience they are intended to notify, and should b e trained prior to an event. When possible, personnel dispatched for door-to-door notification should have a flyer with the appropriate multi-language warning message. The flyer should include a visualization of the message in the form of a pictogram and/or maps. Personnel can use the flyer to explain the warning message visually and/or leave the flyer behind. It is essential to make sure any p e rson going door-to-door can communicate with whomever answers the d oor by including v is ual materials and other supporting mate rial. 2022 Update 35 229 City of Huntington Beach Basic Plan The EOC is a dedicate d s tand-alone facility located in the Civic Center, with the resources necessary to facilitate an effective e m ergency resp on se. It serves as the centralized point to manage the overall city response to major disasters and allows for face-to-face coordination among key staff. An EOC is responsible for strategic direction and operational decisions and does not normally directly conh'ol field assets, inste ad leaving tactical decisions to lower commands. The common functions of EOCs is to collect, gather and analyze data; make decisions that protect life and property, maintain continuity of the organization. An EOC activation should be considered whenever one or more of the following apply to an incident: • The response of two or more City departments and there is a possibility that the City's resources may be overtaxed and/or exhausted, requiring the activation of mutual aid. • The number of involved agencies, departments, and/or organizations may require a centralized coordination location. • Planned or unplanne d events that require protective and/or response measures that are significant • There is a possibility for the involvement of external (from outside the City) agencies/ organizations in the response. Activation Level LEVEL 2 (Partial) LEVEL 3 (LowNirh1al) 2022 Update Table 4.3 -EOC Activation Levels Conditions/Definition A major emergency where Operational Area or Regional resources are overwhelmed, and s tate resources and assistance are required All EOC positions activated An incident/emergency for which resources and mutual aid are required • Director of Emergency Management • EOC Manager • Policy G roup -as required • Section Chiefs • Public Information Officer • Branches and Units -as required • Specialists Small to m oderate incident or pre-planned event • Director of Emergency Management • EOC Manager • Section Chiefs • Public Information Officer Duty Officer Status Maintaining s ituational awareness 36 230 City of Huntington Beach Emerge n cy Ope rati o n s Plan Bas ic Plan PolityGr014> Dir«to, ol £mera•n<v M,n,aemont City ExtMi'lt Team £me1gency S.rvic .. Coo,d;,,,to, Sf<tion Chlefs ( roe llitt.."10< [ Pubks.tetv Pio·, - - -~-----,-~----- [ £nw1c-v~naaer ] j_ [---PJO_fJ_1s_~] +[~_=_· ,_M_ed_iaGr_ou_p~ [ Legatofr~.. ] + [ £OC TKhSl)Kiant ] '-~-P"-~-f~_•'-~-"~-~-~ [ l=c»fw I I ,------------,-----T----7 [ PlaM.,.Sedloo ] r,e & IWclle Branch Rre S..nch O.ector II wBrancllAidl II fare Branch Adt ] I Ulildeslli\ision ~ngo;,;,;,,,, ~--, Diyisi,n ,..,.,,..Saftty Branch SituallonUoit Docvmtntation Unit [ Ad t1n<odPlanni11&Unil GISUnit !nlmtructuftGroup J I PrmtePropenyGroup J Re<O>"'Y Ulllt - [conomic De-1tbpnu nt Figure 4.2 • EOC O rganization EOC POLICY GROUP LogistiaSectkn Faoitie>/frans Unit Foo., Unit lnfoServ;.ce,\ Unt PersoMel Ut'ht tare and SheltEr Unit FfnanceOliol Pr oo.i remtnt Unit cost & Re<o,e,v u nit Til'T'lf:Unit COmpen\lLOrl&Oaml u . The Policy Group, comprised of hig h-lev el d e ci sion-ma ker s, set s policy and respon se and recov er y direction, m aking r ecommend ation s on the City's course of action . Th ey p rovide stra tegic methodolo gy to the DEM on how to m anage the City in the mos t effectiv e manner. The DEM h as a ll fin a l d ecision-making resp on sibility and a utho rity, and the Policy Group is only a r ecommending body . The individu als in the Policy Group may h o ld k ey p osition s in the Command and Gene ral Staff, but they will b e as ke d to h el p set City policy during a disaster . A Policy Group m eeting will conve ne when called for b y the DEM and will con sis t of th e follo w ing p ositio n s or their desig n ee: • City Manager • City Executive T eam • Em er gen cy Services Co ordinato r • EO C Section Chie fs The P o licy Group m ay b e exp anded t o include Agen cy Re presentatives fr o m outs ide a gencies s u ch as a : school dis trict, college, h ospital, a r ep resentative fr om the Ch amber o f Co mm e r ce re p resenting businesses, cou n ty, st a te, and fe d eral agen cies, o r o ther appropriate agen cy 2022 Updat e 37 231 City of Huntington Beach Emergency Operations Plan Basic Plan representatives. Additional department heads may be included during the response and recovery effort. For example, the Economic Development Director may b e asked to assist with policy related to r ecovery. MANAGEMENT SECTION In an incident command organization, the Command Staff consists of the DEM, the EOC Director, and various special staff pos itions and/or groups. The Command Staff element is provided through special staff positions and groups that are specifically designated, report directly to the DEM or EOC Director, and are assigned responsibility for key activities that are not a part of the ICS General Staff functional elements. ' DIRECTOR OF EMERGENCY MANAGEMENT (DEM) The emergency management staff is located in the EOC and is directed by the City Manager (or designee) who serves as the DEM. The DEM is responsible to the City Council and EMHS Council per Municipal Code Chapter 8.60. The DEM has the authority to direct all Emergency Response Organization activity and is responsible for the City's overall emergency management policy and coordination. EOC DIRECTOR An EOC Director is assigned to the City's Emergency Operations Center as the citywide commander of all emergency response efforts. Although the DEM has a legal obligation and ultimate authority to control response operations, it is generally accepted that the EOC Director conceives strategic objectives, response strategies and implements re sponse measures. The Huntington Beach response environment is built on collaboration, full and complete understanding, and the use of a common operating picture. Therefore, the EOC Director receives advice from the Policy Group and seeks approval/validation for response s trategies and objectives through the DEM and Policy Group. The EOC Director: • Has full responsibility for the r esponse efforts of the City • Directs all other d e partments and City resources in a disaster operation • Approves the EOC Action Plan and ensmes all requests for action are completed • Oversees Section Chiefs and other m embers of the Management Staff assigned to the primary/alternate EOC and ensures they are accomplishing miss ion objectives. In most cases, the EOC Directors' direct supervision responsibilities will be limited to those liaisons assigned to the primary/alternate EOC. • Maintains awareness of and directs fi e ld forces through appropriate chains of command in the EOC • Makes necessary executive decisions regarding orders, rules, and regulations • Makes operational plans and policies and establishes operational priorities • Seeks counsel from the Policy Group and approval/validation from the DEM 2022 Update 38 232 City of Huntington Beach Emergency Operations Plan Basic Plan The type of incident will determine whether staffing for the position of EOC Director w ill be the Fire Chief, Chief of Police, the Public Works Director, Emergency Manager or a Unified Command. During a disaster, the lead City department shall be the department normally in charge of the response efforts for the specific incident, such as the Police Department, Fire Department, or Public Works Department. PUBLIC INFORMATION OFFICER -CITY MANAGER'S OFFICE Public Information Officers (PIOs) are responsible for interfacing with the public, the media, each other (within City departments), and other agencies or jurisdictions with incident-related public infmmation requirements during emergency situations. PIOs develop accurate and complete information on the incident's cause, size, current situation, resources committed, and other matters of general safety and interest for both internal and external consumption. The City of Huntington Beach has three PIOs (City, Fire, and Police). The Public Affairs Manager within the City Manager's Office (City PIO) is the ultimate authority for public information in th e City. Their most important role is to create and coordinate the City's overall public information s trategy, including strategies for emergency situations or events. The City PIO is supported by the Fire Department PIO and Police Department PIO. During emergency situations, the PIOs will operate out of the EOC Public Information Office. The room is equipped with two desks, compatible comput ers, telephones, televisions, an AM/FM radio, and a fax machine; additional televisions are located right outside the door. EMERGENCY MANAGER -FIRE This position is filled by the full-time Emergency Management & Homeland Security Office personnel who develops and maintains the emergency management plans, conducts training, and exercises and maintains the EOC in an operational readiness condition 24 hours a day, 7 days a week. The Emergency Manager is staff to the DEM and the EOC Director, and is a member of the Management Section/Command Staff and Policy Group and can be the EOC Director if necessary. The Emergency Manager is the point of contact for all outside agency representatives to the EOC. During initial activation, the emergency manager will fill the role of Liaison Officer until it is necessary to activate the position. LIAISON OFFICER -FIRE The Liaison Officer acts as a point of contact for agencies/external and coordinates with other agency reps and liaisons. The position functions as a central point of contact for incoming agency representatives, provides workspace, and arranges for support as necessary. The Liaison Officer ensures that all developed guidelines, directives, EOC Action P lans, and appropriate situation information are disseminated to agency/external representatives. EOC TECHNICA L SUPPORT -INFORMATION SERVICES The EOC Techn ical Support Unit is responsible for the primary and backup EOC communication systems. They ensure that radio, telephone, and wireless services are functional in the EOC. The 2022 Update 39 233 City of Huntington Beach Emergency Operations Plan Basic Plan EOC Technical Support Unit is responsible for supporting all information technology (IT) systems used by response organizations/agencies during the disaster and recovery periods. They ensure that computer resources and services are provided to EOC staff, as required, and oversee the procurement and installation of requested IT resources. LEGAL OFFICER -CITY ATTORNEY'S OFFICE The City Attorney or appointee will be the EOC Legal Officer and will provide legal advice to the DEM in all legal matters relative to the emergency. They w ill assist in the preparation of legal documents such as resolutions, proclamations, a Declaration of Local Emergency, a resolution of the City Cow1cil requesting the Governor of the State of California to proclaim a State of Emergency in the City of Huntington Beach, a resolution requesting the concurrence of the State Director of Cal OES in declaring a local emergency, ordinances relative to the demolition of hazardous structures and conditions or other ordinances that may be needed during an emergency. The Legal Officer will maintain legal information, reports, and records relative to the emergency. Commence le gal proceedings as needed. The City Attorney is a member of the EOC Management Section and is staff to the Policy Group. When the Policy Group is activated, the City Attorney will attend a ll meetings as the legal advisor and provide information relative to emergency- related ordinances. DAFN OFFICER -COMMUNITY AND LIBRARY SERVICES The Disability, Access, and Functional Needs Officer provides information and guidance to EOC on access and functional needs-related issues and available resources. They ensure people with disabilities and access and functional needs are carefully considered in all aspects of the incident response and facilitate communication between EOC and disability service organizations and advocacy groups. PLANNING SECTION (CHIEF) The Planning Section Chief is responsible for collecting, evaluating, and disseminating all operational information concerning the incident required to understand the current situation, predict the incident course, and prepare the response objectives and strategies. The Plruming Chief has the overall responsibility for facilitating planning meetings and the preparation of the EOC Action Plan. SITUATION ANALYSIS UNIT -FIRE The Situation Analysis Unit is responsible for collecting, processing, and orgru1izing all incident information. The Unit collects and processes information on incidents, situations and status. They evaluate information and make recommendations to the Planning Section Chief. The Situation Analysis Unit Leader will act on behalf of the Section Chief in his or her absence. Following a disaster, a major requirement of the EOC is coll ecting and analyzing information on the nature, severity, extent of damage, and the status of available resources to meet the emergency and report the results through established channels. The information w ill provide a l ogical basis 2022 Update 40 234 City of Huntington Beach Emergency Operations Plan Basic Plan for response decisions, a basis for requesting state and federal assistance, and a basis for both short-and long-range recovery decisions. DOCUMENTATION UNIT -FIRE The Documentation Unit will create and maintain the n ecessary records which document all disaster response and recovery activities. To accomplish this, the Documentation Unit will: (1) prov ide clerical services to the EOC, (2) maintain accurate and complete computerized incident fil es, (3) provide duplication services, ( 4) pack and store incident file s for legal, analytical, historical and financial reimbursement purposes, (5) request, track, and fax all Operational Area forms, as needed and (6) maintain all EOC forms. ADVANCED PLANNING / DEMOBILIZATION UNIT -FIRE DEPARTMENT / COMMUNITY DEVELOPMENT The Advance d Planning / Recovery Unit assists the Situation Analysis Unit by identifying potential response and recovery-related issues likely to occur beyond the next operational period, generally within 36 to 72 hours. Those assigned will review all available status r e ports, Action Plans, and other significant documents. They will determine the disaster's potential impacts, particularly issues that might modify the overall sh·ategic response objectives. The Advance d Planning/ Demobilization Unit will develop a demobilization plan and coordinate with the Field Incident Commanders. RECOVERY UNIT-COMMUNITY DEVELOPMENT The Recovery Unit Leader will develop a Recovery / Reconstruction Plan with the assistance of all departments prior to an emergency. This plan will then be u sed at the onset of the disaster. It will s tate how the City will recover from the incident using all City Departments as needed. Initially, "response" efforts will take priority over "recovery" efforts. The Recovery Unit Leader will set recovery priorities and d evelop an Emergency Recovery Team which may or may not include the Emergency Response Organization participants. GIS UNIT -ADMINISTRATIVE SERVICES -INFORMATION SERVICES The GIS Unit is responsible for collecting, analyz ing, and disseminating information throughout the respon se organization. The team's focus will be to d evelop an integrated common operational picture of an e mergency event. It will review information coming from the field, departmental conh·ol centers, and EOC personnel to quality control the data, identify gaps, and develop inte lligence products for the staff. Most of the GIS products will be built around geospatial information. These include situation maps, an incident action plan, and briefing maps. How ever, using a team approach, the GIS Specialist will b e called up on to support other team members as needed. TECHNICAL SPECIALISTS Teclmical Specialists are advisors with special skills and are activated only when needed. Specialists may serve anywhere within the organization, including the Management Staff. No 2022 Update 41 235 City of Huntington Beach Emergency Operations Plan Basic Plan minimwn qualifications are prescribed, as technical specialis ts normally perform the same duties during an incident as they do in their everyday jobs. They are typically specially certified in their fields or professions. Teclmical Specialists assigned to the Plaiming Section may report directly to its chief, report to any function in an existing unit, or form a separate unit within the Planning Section, depending on the requirements of the incident and the needs of the Section Chief. Teclmical Specialists may also be assigned to other parts of the organization (e .g., to the Operations Section to assist with tactical m atters or to the Finai1ce Section to assist with fiscal m atters). Generally, if the expertise is neede d for only a short period and it normally involves only one indiv idual, that individual should be assigned to the Situation Unit. If the expertise will be required on a long-term basis and requires several personnel, it is advisable to establish a separate Technical Specialist Unit in the Plaiming Section. OPERATIONS SECTION (CHIEF) The Operations Section is responsible for directly supporting Incident Command Posts (when applicable) in executing tactical operations at the incident site directe d toward reducing the immediate hazard, saving lives and property, establishing situation conh·ol, and restoring normal conditions. The EOC Operations Section m ay also serve as a conduit to support communications ai1d coordination between Incident Command Posts if multiple incidents occur simultaneously. When appropriate, the EOC Operations Section may assist Incident Command Posts in establishing priorities by providing a broader perspective on incidents or available resources. Incident operations can be organized and execute d in many ways. The s p eci fic method selected will d epend on the type of incident, agencies involved, ai1d objectives ai1d strategies of the incident management effort. A good rule of thumb is to assign an Operations Section Chief from the same department as the EOC Director, based on the department most impacted by the event. FIRE AND RESCUE BRANCH -FIRE The Fire and Rescue Branch in the EOC Operations Section is responsible for linking the EOC to Fire Department Operations Center, Metro-Net, fire resources, and fire and rescue mutual aid system. The Branch monitors and s upports fi eld operations related to urban search and r escue, heavy rescue, fire suppression ai1d control, emergency m edical, and hazardous materials incidents. In an emergency situation, the Huntington Beach Fire Department will activate the Fire Department Operations Center (FDOC) when an incident serious ly impacts the d epartment's resources and personnel. The FDOC should be activated as soon as any o f the below functions are r equired in respon se to m ajor incide nts. If activated, the EOC will coordinate w ith the FDOC t o ensure response objectives are met ai1d to satisfy mutual aid requests as deemed n ecessary. The Brai1ch Director reports to the Operations Section Chief. The Branch will obtain situation reports, requ ests for resource s upport ( outside of the mutual aid system), and be the primary link 2022 Update 42 236 e City of Huntington Beach Emergency Operations Plan Basic Plan from the EOC to fire department operations. The Branch will supply fire DOC and ICs, as appropriate, with information and directives developed in the EOC. MARINE SAFETY BRANCH -FIRE The Marine Safety Branch will be activated for all maritime, swift water and flood emergencies. Any other event Marine Safety is represented in the Plalming Section and Call provide input if necessary. Marine Safety personnel Call be assigned to any frontline emergency. The Bral1ch Director reports to the Operations Section C hief. The Branch will obtain situation reports, requests for resource support (outside of the mutual aid system), alld be the primary link from the EOC to fire department operations. The Branch will supply fire DOC and ICs, as appropriate, with information and directives developed in the EOC. LAW BRANCH -POLICE The Law Enforcement Branch is responsible for linking the EOC to Law DOC, Dispatch Center, law resources, and the law enforcement mutual aid system. The Branch monitors and supports field operations related to; enforcing laws, orders, and regulations; alerting and wal·ning the public; managing evacuations and the conh·ol of movement; managing/directing veh icular traffic, access, and perimeter control; security for critical facilities and resources; coordinating air operations; alld assisting in search and rescue operations. In an emergency situation, the police department will activate the Law Department Operations Center (LDOC) when an incident seriously impacts the department's resources and personnel. The LDOC should be activated as soon as any of the below functions a r e required in response to a major incident. If activated, the EOC will coordinate with individuals at the LDOC to ensure response objectives are met and to satisfy mutual aid requests as deemed necessary by the LDOC. The Law Enforcement Branch Director reports to the Operations Section Chief. The Branch will obtain situation reports, r equests for resource support (outside of the mutual aid system), and be the primary link from the EOC to law e nforcement operations. The Branch will supply law enforcement agency DOCs and ICs as appropriate, with information alld directives developed in the EOC. PUBLIC WORKS BRANCH -PUBLIC WORKS The Public Works Branch is responsible for linking the EOC to Public Works Department Operations Center (PWDOC), public works department resources, and the public works mutual aid system. The Branch builds, repairs, and restores essential sh·uctures and utilities; removes debris; assists in heavy rescue operations; and supports law enforcement and fire services personnel in executing access al1d perimeter control. When the situation becomes unmanageable under normal procedures, the PWDOC may be activated at the Water Operations facility to better mal1age the resources. It shall be the responsibility of the PWDOC to ensure that their operation, when activated, is staffed with sufficient management and clerical personnel, supplies, and equipment. The PWDOC sh all also 2022 Update 43 237 8 City of Huntington Beach Emergency Operations Plan Basic Plan see that effective and stable lines of communications are in place and operative to carry out all incident objectives. DAMAGE ASSESSMENT UNIT -PUBLIC WORKS/COMMUNITY DEVELOPMENT The Damage Assessment Unit provides an assessment of buildings to determine if they are safe for occupancy following a disaster. The unit collects damage information on public and private structures and provides costs estimates to the Operational Area and State. In an emergency, the Public Works Branch Director, in consultation with the Operations Section Chief, may allow some public works-related groups to operate from the PWDOC. As the lead for the Private Property Inspections Group, the Community Development Department will have the option to integrate with the PWDOC or continue working from the City EOC/Civic Center. LOGISTICS SECTION (CHIEF) -COMMUNITY AND LIBRARY SERVICES The Logistics Section Chief is responsible for acquiring, transporting, and mobilizing resources, facilities, and personnel to support the response effort at the disaster sites and incident facilities, such as public shelters, EOC, DOCs, and Incident Command Posts. Logistics provides shelters for displaced individuals and supplements the workforce with employees and volunteers. This section also manages information systems and communications resources. When the EOC is activated, the Logistics Chief reports to the EOC. He/she will manage the logistical needs of the City of Huntington Beach emergency organization. If the Logistics Chief needs assistance, he/she will activate the necessary branches. Branches will respond to the needs of the emergency organization. If the Branches need assistance, they will activate the Units, and Units will be expanded as needed to meet the logistical needs of the City. If the incident is minor, the Logistics Chief may manage and run the entire section alone. PERSONNEL UNIT -ADMINISTRATIVE SERVICES-HUMAN RESOURCES The Personnel Unit is responsible for providing additional personnel for response and recovery efforts through the use of City employees, trained volunteers, mutual aid responders, Community Based Organizations (CBO), Faith-Based Organizations (FBO), and Spontaneous Unaffiliated Volunteers (SUV). They will also manage all persmmel-related issues, determine and disseminate personnel policies and ensure that all responders (including volunteers) a.re properly credentialed, skilled, and trained for their intended assigmnent. The Human Resources and Library Services Departments have primary responsibility for staffing this branch. INFORMATION SERVICES UNIT -ADMINISTRATIVE SERVICES-INFORMATION SERVICES The Information Services Unit manages all radio, data, and telephone needs of the City of Huntington Beach Emergency Response Organization, including the EOC, the five DOCs, the field Command Posts, and any support facilities needed during the incident. They coordinate public safety radio teclmicians and CAD specialists, Information Services Systems, and RACES. 2022 Update 44 238 City of Huntington Beach Emergency Operations Plan CARE AND SHELTER UNIT -COMMUNITY AND LIBRARY SERVICES Basic Plan In any type of disaster, employees, residents, and visitors to the City may be displaced. If individuals are displaced in a disaster situation, it is ultimately the American Red Cross (ARC) and City government's responsibility to provide temporary shelter for the impacted population. The EOC will be activated as the result of a disaster situation. When the EOC is activated, the Care and Shelter Branch and the ARC will be activated to manage shelter operations. The EOC will request the ARC to activate the actual shelters. ARC will activate, manage, staff, and provide logis tical support to all shelters in a disaster unless severely impacted by the disaster and unable to do so. If the ARC is not able to activate a shelter, the Shelter Unit will take direct responsibility for activation, staffing, providing logistical support, and all other aspects of the shelter operations until such time as the ARC or other organizations are available. SUPPLY UNIT -PUBLIC WORKS The Supply Unit will determine if the item exists within the City government. If not, they will work with the Finance Section/Procurement Unit. If the Procurement Unit cannot locate the item, they will request it tluough the OA's mutual aid system. The Support Branch Director will fulfill the responsibilities of the Supply Unit in most circumstances and will fill this position after all other Support Branch positions have b een filled. FOOD UNIT -COMMUNITY AND LIBRARY SERVICES The Food Unit is responsible for managing all food ordering, preparation, and serving for incident responders. They support the American Red Cross in supplying food to incident victims. Feeding and sheltering priorities will be given to City employees, Mutual Aid responders, volunteers, and any other workers to help lifesaving operations continue without interruption. FACILIT IES / TRANSPORTATION UNIT-PUBLIC WORKS The Facilities/ Transportation Unit is responsible for lis ting, maintaining, and tracking the status of all City facilities. They will determine facility requirements during an incident, obtaining additional facilities as required. They will also provide facility maintenance services, such as sanitation, lighting, and cleanup during a disaste r . They are responsible for h·ansportation equipment, fu el, ananging pickup and delivery of supplies, and the movement of people. FINANCE SECTION (CHIEF) A finance section is establish ed when there is a specific need for financial reimbursement (individual and agency or d epartment) and/or administrative services to support incident management activities. Not all agencies and incidents will require such assistance. h1 large, complex scenarios involving significant funding originating from multiple sources, the Finance Section is essential for the response organization. h1 addition to monitoring multiple sources of funds, the section must h·ack and report on the financial "bum rate" as the incident progresses. This allows Management to forecast the n eed for additional funds before operations are negatively affected. This is particularly important if significant operational assets are under contract from the private sector. The Finance Section may also need to monitor cost expenditures 2022 Update 45 239 City of Huntington Beach Emergency Operations Plan Basic Plan to ensure that applicable statutory rules are followed. Close coordination with the Planning Section and Logistics Section is also essential to reconcile operational records w ith financial documents. Because of the flexible nahue of SEMS/NIMS/ICS, only one or a few specific functions may be require d (e .g., cost analysis). This Section will be activated as required to maintain records on personnel and equipment time, provide payments to vendors for supplies and equipment usage, and determine the cost considerations or various alternative sh'ategies associated with incident planning. The Finance Section Chief will determine the need for establishing specific subordinate units given current and anticipated future requirements. COST ANALYSIS/RECOVERY UNIT -FINANCE The Cost Recove ry Unit provides cost analysis data for the incident to help the planning and recovery efforts. The Unit must ensure that all pieces of equipment and personnel that require payment are properly ide ntifie d, obtain and record all cost data, analyze and prepru:e estimates of incident costs, and maintain accurate records of incident costs. The Cost Recovery Unit should b e activated at the onset of any disaster/emergency and is responsible for maintaining the Disaster Accounting System and procedures to capture and document costs relating to a disaster/emergency in coordination with other sections and departments. The Unit also acts as a liaison with the disaster assistance agencies and coordinates the recovery of costs as allowed by law. Maintenance of records in such a manner that will pass audit is also an essential task of this Unit. Accurnte and timely documentation is essential to financial recovery. The Cost Analysis Unit will prepare all FEMA/DHS financial claim materials n ecessary to file, h·ack, and receive financial reimbursement claims to the City. PURCHASING UNIT -FINANCE This Purchasing Unit Plan describes the organizational and operational policies and procedures required to meet the needs of purchasing supplies, materials, and equipment n ecessary to s upport emergency response and recovery activities. The purpose is to provide a cenh'alized procurement system that ide ntifies the organization's financial obligations. TIME UNIT -FINANCE The Time Unit is responsible for tracking hours worked by paid p ersonnel, volunteers, contract labor, mutual aid, etc. They ensure tha t daily personnel time recording documents are prepared and compliance with the agency's time policy is met. In addition, they are responsible for ensuring that time and equipment use records identify the scope of work and site-specific work location consistent with initial safety/damage assessment records, sites, and Damage Survey Reports (DSRs). As necessary, personnel time and equipment u se records should b e collected and processed for each operational period. Records mus t be verified, ch ecked for accuracy, and posted according to existing policy. Excess hours worked must also be determined and separate logs maintained. 2022 Update 46 240 City of Huntington Beach Emergency Operations Plan Basic Plan Time and equipment use records must be compiled in the appropriate format for cost recovery purposes. CLAIMS/ COMPENSATION UNIT -ADMINISTR A TIVE SERVICES : HUMAN RESOURCES The Claims / Comp unit is responsible for managing the investigation and compensation of physical injuries and property damage claims involving the City of Huntington Beach arising from an emergency. This includes completing all forms required by Workers' Compensation programs and local agencies, maintaining a file of injuries and illnesses as·sociated with the incident, providing investigative support of claims, and issuing checks upon settlement of claims. Due to the size of the City, it is necessary to manage department resources from dece ntralized locations in large-scale emergencies. The EOC lacks sufficient space to hold all the personnel needed for this function. Each operations section function has a Department Operation Center (DOC), which they may activate in an event. The d e cision to activate a DOC is the responsibility of each department head. When response personnel become heavily impacted, they will request the activation of their DOC. The DOCs will coordinate resource requests, track resources and incidents, and make initial mutual aid requests. If the incident has the potential to be a large-scale emergency over an extended period of time, the EOC will be activated to provide coordination between the DOCs/departments. The EOC provides guidance and policy direction to the Field Incident Commanders who maintain operational authority. The DOCs and the EOC must determine resource priorities, track and provide incident-specific information to the OC/OA EOC, and coordinate mutual aid requests. Critical information from the fie ld should be relayed to EOC through the DOC, where it will be utilized to set citywide objectives, make policy decisions, order outside resources, and complete a citywide EOC Action Plan. Fire & Rescue Branch Metro-Net Truck Companies Engine Companies 2022 Update Emergency Operations Center (EOCI [ OperatlomSectlon ] l aw Branch Public Works Br anch I I Law Enforcement Public Wo rks LOOC) (PW DOC) I communications Water Operations Traffic/Patrol Fleet/Maintenance Aeri al Support Engineering/Construction Figure 4.3 -Department Operations Center Organization Marine Safety Branch I Marine Safety (MSOOC) I Marine Safety Officers lifeguards 47 241 City of Huntington Beach Emergency Operations Plan Basic Plan A major dis aster or national security emergency could result in the death or injury of key government officials and/or the partial or complete desh'uction of established seats of government along with public and private records essential to continued operations of government. Government at all levels is responsible for providing continuity of effective leadership, authority, and adequate direction of emergency and recovery operations. The California Government Code Section 8643(b) and the Constitution of California provide the authority for state and local government to reconstitute itself in the event incumbents are unable to serve. ALTERNATE EOC If the City's primary EOC is damaged and non-operational, the City has designated three alternate EOC sites: (1) Water Operations multi-purpose room, (2) Marine Safety Training Center (3) the Mobile Command Post. An alternate EOC will b e activated only when the primary EOC is damaged, inaccessible, and/or if evacuation of EOC staff membe r s b ecomes necessary. If the primary EOC is unusable before its activation, staff members will b e asked to report directly to an alternate EOC site. The EOC Logis tics Section will arrange for relocation of EOC staff members to the alternate EOC. The DEM will h'ansfer direction and conh'ol authority from the primary EOC to an alternate EOC when necessary. All EOC Section Chiefs will advise the ir emergency response field forces of the transition to the alternate EOC. As many supplies as possible will be transferred from the primary EOC to the alternate EOC. The operational capabilities of the alternate EOC will be similar to those of the primary EOC. 2022 Update 48 242 e City of Huntington Beach Emergency Operations Plan Table 4.4 Alternate EOC Locations/Characteristics PRIMARY ALTERNATE -WATER 19001HuntingtonStreet OPERATIONS FACILITY • Capacity: 150 -200 • Kitchen facilities • Generator Power The Water Operations Alternate EOC • AudioNisual equipment is located in the large multi-purpose • Phone systems room. • Conference room • EOC position binders and vests • Digital access to emergency files • Tables/Chairs • Limited office supplies POTENTIAL ALTER NATE -MARINE 103PacificCoastHwy. SAFETY TRAINING CENTER The Marine Safety Training Center can • be used as an alternate or for Level 1 • EOC activations for special events in • the downtown/beach area. This facility • has: • • Capacity: 50 Kitchen facilities AudioNisual equipment Phone systems Digital access to emergency files Limited office supplies Basic Plan The Mobile Command post has been designed to provide POTENTIAL ALTERNATE -MOBI LE some of the most basic functions needed in an EOC. If COMMAND POST necessary, it will serve as a base of operations until a more suitable location is located. ALTERNATE FACILITIES -CITY COUNCIL Section 23600 of the California Government Code provides, among other things that: • The City Council shall designate alternative City seats, which may be located outside City boundaries. • Real property cannot be purchased for this purpose. • A resolution designating the alternate City seats must be filed with the Secretary of State. • Additional sites may be designated subsequent to the original site designations if circumstances warrant. In the event the primary location is not usable because of emergency conditions, the temporary seat of City government will be as follows: 2022 Update 49 243 e City of Huntington Beach Emergency Operations Plan Table 4.5 Alternate Temporary Seats of City Government Firs t Alternate Central Library -Theater 7111 Talbert Avenue Second Alte rnate Edison Community Center 21377 Magnolia A venue Third Alternate Murdy Community Center 7000 Norma Drive LINE OF SUCCESSION Basic Plan The fir s t ste p in assuring continuity of government is to have pe rsonnel who are authorized and p rep ared to carry out em e rgen cy actions for the government in the ev ent of a n a tural, technolog ical or n a tional security disaste r. Article 15, Section 8638 of the Emergency Services Act authorizes governing bodies to designate and appoint three s tandby officers for each governing b od y m ember and for the chief executive, if not a member of the governing body. Standby officers may be residents or officers of a political s ubdivis ion o the r than that to w hich they are appointed. City Council shall appoint a s uccessor to the position of City Manager but should the City Manager be unavailable or unable to serve, the position s liste d b elow, in o rder, shall act as the DEM until su ch time as a new City Manager b e appointed. Should these positions be unavail able or unable to serve, the individuals who hold perman ent appointments to the following p osition s w ill automatically serve as Acting D EM in the order shown. Th e individual who serves as Acting DEM shall have the authority and powers of the DEM. Table 4.6 -Director of Emergency Management Line of Succession Director City Manager First Alternate D eputy City Manager Second Alte rnate Fire Chie f Third Alte rnate Chief of Police Fourth Alte rna te Public Works Director VITAL RECORDS PROTECTION Th e City Clerk is the designated cu s todian of vital r ecord s . This position will maintain a lis t of r ecords and their locations. Vital records are d e fined as those records tha t are essential t o: • Protect the rights and in terests of individuals. Examples include vital statistics, land and tax records, licen se registers, and articles of incorporation. 2022 Upda te 50 244 e City of Huntington Beach Emergency Operations Plan Basic Plan • Conduct emergency response and recovery operations. Records of this type include utility system maps, emergency s upplies, e quipment locations, the City's Emergency Management Plan, and personnel rosters. • Re-establish normal governmental functions. This group includes charter, statutes, ordinances, court records, and financial records. • Each level of government down to the d epartmental level is responsible for designating a custodian for vital records and ensuring that vital record storage and prese rvation is accomplished. Access to emergency services shall not be denied on the grounds of race, color, national origin, sex, age, or handicap. To ensure that this goal is met, Title II of the Americans with Disabilities Act of 1990 (ADA) requires state and local governments to make their programs and services accessible to persons with disabilities. This require ment extends not only to physical access at government facilities, programs, and events but also to policy changes that governmental entities must make to ensure that all p eople with disabilities can take part in, and benefit from, the programs and services of state and local governments. In addition, governmental entities must ensure effe ctive communication, including providing necessary auxilia1y aids and services, so that individuals with disabilities can participate in civic life. ADA, signed into law on July 26, 1990, is a broad civil rights law that prohibits discrimination against people with disabilities, including but not limited to mobility, vision, hearing, cognitive disord ers, mental illnesses, and language barriers. In 2008, the Federal government updated the ADA, which is known as the ADA Amendments Act (ADAAA). The revised law broadens the scope of the definition of what it means to h ave a disability. These changes went into effect on January 1, 2009. These amendments make it easier for people with disabilities and others with access and functional needs to seek protection under the law. The City of Huntington Beach sh·ives to comply with the Americans with Disability Act (ADA). This need became evident after significant challenges s urfaced following the 1989 Loma Prieta Earthquake, the 1994 Northridge earthquake, and, even more so, Hturicane Kah·ina in 2005. The City mus t ensure that disaster planning, response, and recovery consider the citizens hig hlighted in the ADA. In addition, the EMHS staff, CERT Volunteers and Senior Center e mployees participate on the County Disabilities Access and Functional Need (DAFN) committee and are assis ting the County in completing plans. Functional needs populations are those members of the community who may have additional needs b efore, during, and after an incident in functional areas, including, but not limited to, m aintaining independence, communication, transportation, supervision, and medical care. Individuals in n eed of additional r esponse assistance may include those who have disabilities, live in institutionalized settings, older adults, children, those who are fr om diverse cultures, those 2022 Update 51 245 e City of Huntington Beach Emergency Operations Plan Basic Plan with limited English proficiency or are non-English speaking, and those who are transportation disadvantaged. According to the Center for Disease Control, 24 percent of p eople in California identify as hav ing a disability. Lessons documented in recent disasters concerning the integration of people with disabilities into community living and the growing aging population has shown that the existing paradigm of emergency planning and implementation must change. These lesson s learned show three areas that are repeatedly identifie d as most important to people with disabilities and older adults: communications (alert, warning, and notification), evacuation (transportation), and sheltering. In January 2008, the Office for Access and Functional Needs (OAFN) was created within Cal OES. The purpose of OAFN is to identify the needs of individuals with disabilities and others with access and functional needs before, during, and after disasters and to integrate them into the State's e m ergency management systems. OAFN utilizes a whole community approach by offering training and guidance to emergency managers and plaimers, disability advocates and other service providers responsible for planning for, responding to and helping communities recover from disasters. In short, OAFN plans for the realities of disasters by integrating access and functional needs into everything Cal OES does, including partnership development, outreach, training, guidance, ai1d providing technical assistance. Disaster response to citizens in nee d will be initiated with impartiality. The City of Huntington Beach will depend on and coordinate with the American Red Cross. According to the 1996 Statement of Operational Relationship b etween the Department of Social Services and the American Red Cross, the Red Cross will make every effort possible to select shelter sites that al'e accessible for citizens with functional n eeds and work to include compensatory equipment in their shelter design. Furthermore, the American Red Cross will provide shelter residents who have fw1ctional n eeds with appropriate lite rature and, through their human relations liaisons, will ensure that the needs of their clients are being met in accordance with the ADA. The City of Huntington Beach will work closely with the American Red Cross, Orange County Department of Social Services, and the De partment of Rehabilitation to en s ure that other response and recovery n eeds, such as food, transportation, and communication are appropriately addressed. In an emergency, the City of Huntington Be ach will make every e ffort possible to deal with all its ci tizens' needs. There may be a shortage of resources in the initial hours of a disaster, and priorities will be on lifesaving operations, not care and sh eltering. It may, therefore, take some time to deal with every individual in need. 2022 Update 52 246 City of Huntington Beach Emergency Operations Plan Basic P l an 5 INFORMATION COLLECTION, ANALYSIS , AND DISSEMINATION The Emergency Operations Center (EOC) serves as a hub for collecting, analyzing, and disseminating timely, accurate, consistent, and accessible information relating to the incident or event. Establishing a common operating picture and maintaining situational awareness is essential to incident management and is a major EOC role. Information relating to the incident or event is often collected before an incident through routine monitoring of warning sources and credible threats. This information is used to advance preparedness and planning, devise incident management strategies and action plans, and make decisions about notifying the public. The EOC will use this information to determine what steps should be taken, such as recommending the activation of the EOC and the emergency organization. Information may be collected during the incident or event from a variety of sources, such as: • On-scene observation • Incident Command Posts • Field-level personnel • Dispatch center • Inter-Agency Coordination meetings • oc 2-1-1 • Law enforcement monitoring networks (such as NCRIC) • Media reports • Social media • WebEOC • Interagency Coordination Calls ESSENTIAL ELEMENTS OF INFORMATION AND COLLECTION PRIORITIES The Planning Section is responsible for gath ering information to support decision-making in accordance with established operational priorities. The EOC Director will establish information collection priorities. Essential elements of information (EEis) are the critical information items required by decision-makers to make timely decisions and prioritize key tasks and information requests. huormation profiles examples of criti cal information necessary for several key disciplines is located in Table 5.1. 2022 Update 53 247 City of Huntington Beach Emergency Operations Plan Basic Plan Table 5.1: Available Essential Elements of Information Area or Infrastruchtre Sources: State and Local Level Sources: Federal Level • California Independent System Operator (ISO) • FEMA Utilities and Infrastruchtre • Department of Water Resources (DWR) • Federal Energy Regulatory • California State Water Resources Control Commission Information needed: Board (SWRCB) • Bureau of Reclamation Utilities/Infrastructure: • CA/local Department of Health Care Services • Army Corps of Engineers • System disruptions and CA/local Department of Public Health National Weather Service • • failures • CA/local Department of General Services • Nuclear Regulatory • Location California Energy Commission C ommission/Nuclear • • Cause California Public Utilities Commission Power Plants • • Customers impacted California Utilities Emergency Association News reports • • • Expected time of (CUEA) Field units • resumption • Utilities representatives in EOC • Downstream impacts Construction & Engineering Branch • • Inte rdependence issues Field units • • Potential or impending Operational Areas • system overloads • News reports • Social media • Caltrans for state highways • FEMA Transportation • California Highway Patrol for state highways • Coast Guard Information needed: and local thoroughfare • Federal Aviation • Air • Operational Areas Adrninis tra tion • Rail • News reports • National Transportation • Shipping • Field units Safety Board • Roads • OCTA • D epartment of • Bridges • Local Airports Transportation • Rails • Field units • Orange County Health Care Agency • FEMA Medical/Health • California Department of Public Health Office • Centers for Disease Control Information needed: of Statewide Health Planning and (CDC) • Equipment failures Development • U.S. Department of Health • Disruption s in medical • Operational Areas and local EMS & Human Services (HHS) supplies/stockpiles • News reports • Food and Drug • Facility problems • Field units Administration (FDA) • Medical evacuation needs • News reports • Field units Hazardous Materials • California Department of Toxic Subs tances • FEMA Control • EPA Information needed: • Cal OES Warning Center • Coast Guard • Releases • California Environmental Protection Agency • Perimeter boundaries (CalEPA) • National Response Center (location) • Ca!OSHA 2022 Update 54 248 City of Huntington Beach Emergency Operations Plan Basic Plan Table 5.1: Available Essential Elements of Information Area or Infrastructure • Exposures • Casualties • Evacuations • Damage • Supply/source • Supply disruptions Public Events/Occurrences Information needed: • Potential problems at any anticipated events, including civil unres t • Location • Law enforcement/fire mutual aid shortfalls Sources: State and Local Level • Department of Health Services • California Public Utilities Commission • Operational Areas • News reports • Field units • NCRIC • Law Enforce ment Branch Coordinator • Local Jaw enforcement • Operational Area • News reports • Social media • Permits issued • Field units Social Service Systems • Operational Area Information needed: • Orange County Social Services • Problems with schools • Community-Based Organizations • Human care services • News reports (adult, senior, child, AFN) • Social media • Banking • Private -sector • Payment systems • Field units • General commerce • OC2-1-1 INFORMATION ANALYSIS Sources: Federal Level • Department of Homeland Security • D epartment of Energy • Department of Agriculture • Department of H ea lth and Huma n Se rvices (HHS) • Department of Transportation • FEMA • Department of Jus tice • Department of Defense • FEMA • Department of Commerce • De partment of Education • HHS Analysis of information may occur before or during an incident. Information that is made available tlU'ough monitoring and warnings must b e analyze d in the context of risk assessment, infrastructure/structural vulnerability, forecasts, social vuh1erabilities, current events, and other factors. When the EOC is activated, a critical task of the Planning Section is turning the collected information into actionable intelligence. Raw information and data require evaluation, v e rification, and assessment for relevance. The Planning Section will process information made available, validate and organize relevant components, and ensure that the resulting intelligence is evaluated by qualified personnel. Information for the public is disseminated through several mechanisms under the control of the PIO. Details describing how information is collected, vetted, and disseminate d to the public are determined by the EOC. 2022 Update 55 249 e City of Huntington Beach Emergency Operations Plan SITUATION STATUS REPORTING Basic Plan Intelligence collected throughout the incident will be documented in a Situation Status Report. The Situation Analysis Unit in the Planning Section of the EOC develops the report. Situation Status Reports create a common operating pichue and will be used to adjust the operational goals, priorities, and strategies. The City has established communications systems and protocols to organize, integrate, and coordinate intelligence to ensure effective intelligence flow. The flow of situation reports among the levels of government should occur consistently with the Standardized Emergency Management System (SEMS), as shown below: Field Situation Status Reports: Sih1ational status and other relevant information from the field should be compiled and documented in situation status reports by the DOCs if activated or by department representatives when no DOC is activated. These reports may be conveyed verbally but should be provided in writing to the EOC Planning Section within the operational period. City EOC: The Situation Analysis Unit in the EOC will summarize and verify reports received from the field, DOCs, and other reporting disciplines and create a consolidated City Situation Report. The Situation Status Report will also be made available to all participants in the City's emergency response organization to provide situational awareness. Operational Area EOC: The Operational Area EOC will provide situation status reports received from local government EOCs within the County, county field units, county DOCs, and other reporting disciplines. Joint Field Office (JFO): When the JFO is activated to support local, state, and federal coordination, including the Federal Emergency Management Agency (FEMA), the REOC and SOC situation status reports will be assimilated into the JFO situation report. The REOC organization may be co-located with the federal organization at the JFO. INCIDENT ACTION PLANS (FIELD) An Incident Action Plan (IAP) formally documents incident goals (known as conh·ol objectives in NIMS), operational period objectives, and the response sh·ategy defined by the incident command during response planning. It contains general tactics to achieve goals and objectives within the overall strategy, while providing important information on event and response parameters. Equally important, the IAP facilitates the dissemination of critical information about the response assets' status. Because incident parameters evolve, action plans must be revised regularly (at least once per operational period) to maintain consistent, up-to-date guidance across the system. Initially following a major disaster, the field Incident Commander/Unified Command will create an IAP for each individual incident (e.g., building collapse, flooded neighborhood, etc.) Once the EOC is fully operational, the Operations Section Chief will determine whether Incident Commanders continue with the formal IAP process or roll into a large Incident Action Plan. The Operation Section may divide the City into Area Commands or Divisions and create one IAP for 2022 Update 56 250 e City of Huntington Beach Emergency Operations Plan Basic Plan each functional area. Whatever is determined, the field's IAPs must reflect the goals and objectives of the EOC Action Plan, and, in turn, the EOC Action Plan should support the field response. The following should be considered for inclusion in an IAP: • Incident goals (where the response system wants to be at the e nd of response) • Operational p eriod objectives (major areas tha t must be addressed in the specified operational period to achieve the goals or control objectives) • Response strategies (priorities and the general approach to accomplish the objectives) • Response tactics (methods developed by Operations to achieve the objectives) • Organization list with ICS chart showing primary roles and relationships • Assignment list with specific tasks • Critical situation updates and assessments • Composite resource status update • Health and safety plan (to preve nt responder injury or illness) • Communications plan (how functional areas can exchange information) • Logistics plan (e.g., procedures to support Operations with equipment, supplies, etc.) • Responder medical plan (providing direction for care to responders) • Incident map (i.e., map of the incident scene) • Additional compon ent plans, as indicated by the incident EOC ACTION PLAN (EAP) Using EOC Action Plans (EAPs) will provide specific direction to EOC p ersonnel by providing them with knowledge of the objectives to be achieved and the steps required for achievement. Action plans provide direction and serve to provide a basis for measuring the achievement of objectives and overall system performance . Action planning is an important management tool that involves a process for identifying priorities and objectives for emergency response or r ecovery efforts. Action planning also provides docwnentation of the prio rities, objectives, associated tasks, and the personnel assigned to p e rform the tasks. The EAP may or may not be the overall action plan for the entire incident. For example, if an Area Command is established at another facility and it develops an IAP for the entire response, the n the Huntington Beach EOC may develop its own EAP that only addresses its portion of and obligations. There may also b e incidents when the on-scene Incident Command Post (ICP) develops an IAP and the EOC also develops one relevant to its mission and role in support of the ICP plan. In other cases, the EAP will serve as the primary response policy. Huntington Beach follows the NIMS incident planning process and standards. The EAP is a living document prepared based on the best available information at the time of the planning meeting. Action plans are developed for a sp ecifie d operational p eriod that may range from 12 hours to 24 hours . The operational period is dete rmine d by first establishing a set of priority actions tha t n eed to b e p erforme d. A reasonable time fr ame is then established for accomplishing those actions. The 2022 Update 57 251 City of Huntington Beach Emergency Operations Plan Basic Plan action plans need not be complex, but should be sufficiently detailed to guide EOC elements in implementing the priority actions. The format of the IAP will depend upon the time since the incident occurred and the magnitude of impact. The format may be limited to a well-prepared outline for an oral briefing for the initial response. The plan will be developed in writing according to ICS procedures for most incidents that will span multiple operational periods. The action planning process should involve the Policy Group, EOC Director, Command and General Staff, school district representatives, and other agency representatives, as needed. The Planning Section is responsible for developing the action plan and for facilitating action planning meetings. Plruming meetings will not be delayed in anticipation of future information. During the planning meeting, the EOC Director, Section Chiefs, Policy Group, and other representatives (when appropriate) will develop the plan collectively. The planning process should provide the following: • Current information that accurately describes the incident situation and resource status • Predictions of the probable course of events • Alternative strategies to attain critical incident objectives • An accurate, realistic EAP for the next operational period 2022 Update 58 252 City of Huntington Beach Emergency Operations Plan 6 CRISIS COMMUNICATIONS AND PUBLIC INFORMATION Basic Plan Public information consists of the processes, procedures, and systems to communicate timely and accurate information by accessible means and in accessible formats on the incident's cause, size, and current situation to the public, responders, and additional stakeholders (both directly affected and indirectly affected). Public information must be coordinated and integrated across juris dictions, agencies, organizations, and the private sector and NGOs. Public informa tion includes processes, procedures, and organizational structures required to gather, verify, coordinate and disseminate information. During an emergency, City officials must communicate and educate the public (including businesses, individuals, and residents) on the risks and issues faced by the community. The goal of emergency public information is to keep the public informed of the general progress of events and provide educational information, particula rly in the realm of h ealth and safety. Public information will be disseminated using all media m e thods: television, radio, newspapers, internet, and wire services. A comprehensive emergency public information program combines e ducationa l and emergency information to reduce casualties and property damage and provides long-term public education related to hazard awareness. In either case, the participation of multiple agencies and juris dictions is often required for successful implementation . Emergency Public Information activities are structured under a Joint Information System (JIS) concept, which e nsures coordination of messages, whether the Public Information Officers (PIO) are located at one site Joint Information Center (JIC) or multiple sites (virtual JIC). The JIS is designed to disseminate a variety of information and insh·uction to the general public, government officials, and the news media through direct contact, news conferences, news releases and advisories, websites and social media s ites, and time ly response to public and news media queries. PUBLIC AWARENESS/EDUCATION Educating the public on actions that can be taken prior to an event is one of the best ways to build resilien ce within the community and ensure that the population is as prepared as possible for an emergency. Huntington Beach is committed to this public outreach through Public Education and ReadyOC. ReadyOC is a public service campaign to educate and empower Orange County residents, businesses, and the community to better prepare for emergency situ ations. The goal of ReadyOC is to get local residents better prepared for various emergen cy situations that could impact the county and offer opportunities for concerned citizens to get involve d in local readiness efforts. 2022 Update 59 253 City of Huntington Beach Emergency Operations Plan MEDIA RELATIONS/COORDINATION Basic Plan The role of the mainstream media is changing. The public's reliance on mainstream media continues to decline. The widespread use of phones and computers has led to higher interconnectivity and social connectedness of internal and external audiences. In addition, the public now relies on social media as a source of information. At times, the public is not only a receiver of information. People can now convey information as citizen reporters who report news from their smartph ones, tablets, and other devices. In order to address these changes in communication, the PIO's communication must be faster, more direct, more interactive, and more transparent. Planning how to communicate in mgent situations must be done well in advance. The PIO's key messages should be developed in advance. Just as there is a "golden hour" in emergency medical services, there is a "golden hour" for public information as well. The communications decisions that the PIO makes in the first hour of a critical incident will affect the PIO's success. Good working relationships with the media help during an incident. To help build these relationships, the JIS group will: • Make a periodic effort to meet with the n ews managers at local media outlets to familiarize them with the JIS/JIC concepts. • Periodically, provide the media with a cont act list with after-business hours cont act information. • Newsroom trainings may be scheduled with the news managers to acquaint reporting staff with JIS/JIC operations and procedures. • Review and update a ll contact lists (e.g., media, PIO, and other agencies) every six months. HARD-TO-REACH AND VULNERABLE POPULATIONS Every effort will be made to contact hard-to-reach and vulnerable populations, which include, but are not limited to: the hearing impaired, visually impaired, populations that do not speak English or speak English-as-a-Second-Language (ESL), economically disadv antaged, and Disability Functional and Access Needs (DAFN) populations. Populations can be vulnerable based upon: • A certain set of shared characteristics • Circumstances of a situation For example, after a disaster, disaster victims who would be easy to reach under normal circwnstances may now b e part of a hard-to-reach population because they are living in a shelter without typical m eans of communication. Vulnerable populations are unique d epending upon each commw1ity's d emographics and available support. 2022 Update 60 254 e City of Huntington Beach Emergency Operations Plan Basic Plan The key to communicating with vulnerable populations is the preparatory work done before an incident. Message content for crisis notification to all populations should be developed prior to an incident. To be successful with vulnerable populations, the PIO must build a network of collaborators or champions. With these "trusted agents," PIOs must establish channels of communication and relationships during non-emergency times that can be leveraged during an incident. Building these relationships takes time. Some broad ways to define vulnerable populations include: • Economically disadvantaged • Limited English language competence • Physical, cognitive or sensory disability • Cultural/geographic isolation • Age vulnerability Being able to reach all constituents requires knowing what languages constituents speak. PIOs should identify resources and develop policies to address the language needs of their jurisdiction. • PIOs should determine the languages spoken in their jurisdiction by collecting demographic data from local and federal sources . • PIOs should develop language access policies and protocol guidance. • Documents that communicate vital information to the public should be h·anslated into the most prevalent languages spoken by the Limited English Proficiency (LEP) community. (Note: Pictures and diagrams are easier to understand or interpret than verbal communication.) • All agency personnel should be educated about language access and know how to use agency language assistance services. • Bilingual staff can be used to conduct community outreach and build relationships between the department and immigrant and LEP residents. • PIOs can pool resources and leverage assets with other agencies and services to meet their needs. INTERGOVERNMENTAL AFFAIRS -STATE AND LOCAL OFFICIALS An effective JIS requires partnerships with: • Individuals and households • Private sector • Nongovernmental Organizations (NGOs) Individuals and households conh·ibute by reducing hazards in and around their homes, preparing an emergency supply kit and household emergency plan, and monitoring emergency commm1ications carefully. 2022 Update 61 255 City of Huntington Beach Emergency Operations Plan Basic Plan The private sector plays a key role before, during and after an incident. Many private-sector organizations are responsible for operating and maintaining portions of the Nation's critical infrastructure. In addition, they must provide for the welfare and protection of their employees in the workplace. Nongovernmental Organizations (NGOs) also play important roles before, during, and after an incident. For example, NGOs provide shelter, emergency food supplies, counseling services, and other vital support services to support response and promote the recovery of disaster victims. These groups often provide specialized services that help individuals with special needs, including those with functional needs. There are legal implications and protective mechanisms for partnerships, either informal or mutual aid agreements. The goal of building coalitions and parh1erships is to bring together community partners and other stakeholders to prepare for both disaster and non-disaster times. The best time to do this is before an event or an emergency. St akeholder management includes managing a PIO's p arh1ers and Federal and State external affairs staff and politicians. • Before an incident, the PIO should maintain ongoing communication and participate in joint h·aining and exercises • During response and recovery, the PIO should use a collaborative approach to planning, decision-making, and assignments • After an incident, the PIO should share lessons learned JOINT INFORMATION SYSTEM (JIS) ACTIVATION The Huntington Beach Joint Information System (JIS) is considered activated whenever two or more department PIOs are mobilized to manage information on the same incident. Emergency situations almost always begin with the involvement of one of the City's departments, typically Fire or Police. Following the initiation of an incident, one of the three PIOs (City, Fire, and Police) in the City is notified of a potential or existing need for public information support at their department through: • A direct media inquiry • Notification from a department dispatcher that a significant or unusual event is or may be underway • Automatic or intentional activation of the EAS Notification from a department supervisor, field personnel, or Incident Commander • Notification from the City EOC • Experiencing (e.g., feeling an earthquake) or bearing witness to (e.g., in person or via media outlet) an inciqent of significance Upon being individually activated, each department PIO is responsible for assessing the situation to d e termine whether additional support is needed from the oth e r PIOs in the City or whether 2022 Update 62 256 City of Huntington Beach Emergency Operations Plan Basic Plan the incident might escalate to involve other departments. The City PIO should always be kept apprised of activities when department PIOs are officially activated. If the activated PIO determines that he/she might need additional support from other PIOs or the City's Public Information Office (triggering activation of the JIS), then the City PIO should be contacted to determine the appropriate level of JIS activation. That determination w ill include: which PIOs w ill be activated, the gathering location (or dish·ibution of PIOs), and the appropriate communications sh·ategy. In other events, the actual involvement of the City PIO is contingent upon the situation. For example, in an incident involving the Fire and Police departments, it may be determined that the Fire and Police PIOs can jointly handle the situation without additional assistance. They should keep the City PIO apprised of their activities even if the formal involvement of the City PIO may not be necessary. During an emergency situation, the three Huntington Beach PIOs w ill make initial contact virtually v ia e-mail, phone, et c. This is particularly true during incidents of short duration. The PIO whose department is least affected by the emergency will be stationed a t the City EOC when it is activated. The other PIOs will likely converge near or around the incident scen e where media is likely to be on hand. If Huntington Beach is involved in an incident involving other jurisdictions and a Unified Command (UC) or Joint faformation Center (JIC) is established (either in or outside Huntington Beach), then at least one of the City/department PIOs or appropriate designee will be dispatched to that location to facilitate coordination on behalf of the Huntington Beach }IS. If the incident is anticipated to have a long duration but remain localized to Huntington Beach, the City PIO may choose to identify and staff a formal JIC location. This location may be mobile or fixed . If facilities are needed only for m edia briefings, the City Council Chamber will be the pre-designated location when a formal JIC is not activated. JOINT INFORMATION CENTER (JIC) Joint fafonnation Centers can be both physical locations and virtual sites that utilize an online interface for document collaboration and dissemination. The decision to use a virtual JIC in place of a physical one or an Area JIC will be made by the PIO or designee. The JIC should be located near the EOC or incident to allow for easy coordination. If the incident is localized, representatives from responding agencies must be invited to participate to allow for coordination of public information. The City and OA may establish a Virtual ]IC using RespondOC to coordinate public information. Pre pareOC/RespondOC is a collaborative website designed to facilitate business continuity, disaster recovery, and emergency response prepare dness and planning efforts. The s ite enables Orange County agencies, Operational Area m ember jurisdictions, participating n on-profit s, and area partners to share resources, documentation, commm1ications, training materials, etc., in a secure, online environment. RespondOC is the part of the site that the OA u ses to maintain 2022 Update 63 257 City of Huntington Beach Emergency Operations Plan Basic Plan emergency plans, shared calendars and other critical docume nts. Many groups have their own areas that they u se to collaborate on planning, training, or other pre pare dness efforts. HOTLINE Agencies may activate an inquiry center to cenh·alize information sharing among the public, the media, and the government. As appropriate, inquiry centers should be directly linke d to media centers or joint information centers. Establishing a Hotline allows for: • Monitoring of radio and television stations and informing the PIO Coordination Team of inaccuracies • Sharing of information about the emergency or the government's response • Identification of information trends, which in tum allows PIO to focus on providing targeted information • Identification of rumors and of misinformation and bringing these to the attention of the PIO Coordination Team • Response to questions u sing official, verified information that has b een approved for release • Call referrals, as appropriate, to fed e ral, state, local, volunteer, and private sector agencies • Adjusting the mode of communication to meet the needs of those whose primary language is not English and to meet the functional needs of the blind, deaf and hard of hearing OPERATIONAL AREA JOINT INFORMATION SYSTEM (JIS) PLAN The City Emergency Manager and PIO staff participated in developing the Operation Area plan JIS Annex. It will b e used in the event that multiple jurisdictions are impacted. For more d e tails regarding information in this section, refer to the OA JIS Plan. The JIS provides the mechanism to organize, integrate and coordinate information to ensure timely, accurate, accessible, and consistent messaging activities across multiple jurisdictions and/or disciplines with the public, the private sector, and NGOs. It includes the plans, protocols, procedures, and sh·uctures u se d to provide public information and establishes JICs that are critical supporting elements of the JIS. Key elements include: • Interagency coordination and integration • Gathering, verifying, coordinating, and dissemina ting consistent messages • Support for decision-makers • Flexibility, modularity, and adaptability AREA JI C (OPERATIONAL AREA) The Area JIC is a centralized, physical location in which the public information function for the OA is coordinated. This location is ideally situated close to the OA EOC and provides for media access when needed, but it can be located anywhere suitable to support the response. (The list of identified JIC locations can be found in section 2.3.6. of the OA JIC Plan). Regardless of where the JIC is locate d, the function re mains the s ame, to s upport the overarching JIS structure with tools that improve the public messaging and information that is r e quire d after a di saster. 2022 Update 64 258 City of Huntington Beach Emergency Operations Plan 2-1-1 INFORMATION AND REFERRAL SERVICES Basic Plan Local and state governments may consider supplementing their public information programs with established 2-1-1 information and referral services to increase the public's access to vital emergency-related information, including evacuation routes, shelter locations, and road closures, to reduce inappropriate calls to 9-1-1 and make referrals to essential health and social services. The 2-1-1 program can improve access to government and non-profit community services for people who are most at risk, including older adults, people with disabilities, and non-English speaking people. 2022 Update 65 259 City of Huntington Beach Emergency Operations Plan 2022 Update Basic Plan 66 260 e City of Huntington Beach Emergency Operations Plan 7 LOGISTICS Basic Plan The Logistics Section is responsible for acqumng, trans porting, and mobilizing resources, facilities, and personnel to support the response effort. Logistics provides shelters for displaced individuals and supplements the workforce with employees and volunteers. When the EOC is activated, the Logistics Chief is recalled to the EOC. He/she will manage the logistical n eed s of the City of Huntington Beach Emergency Response Organization (ERO). If the Logis tics Chief needs assistance, he/she will activate Units as needed. Branches will respond to the needs of the emergency organization. If the Branches need assistance, they will activate the Units. These Units w ill be expanded as needed to m eet the logistical needs of the City. If the incident is minor, the Logistics Chief may manage and run the entire section alone. The Community Services Department is responsible for directing all response efforts of the Logistics section. The Community Services Department will staff the Section Chief position in the Emergency Operations Center (EOC). The overall objectives of the Logistics/Support Branch during an emergency are: • Order, receive, store, process, and distribute all incident-related resources and supplies • Store, disburse, and service all tools • Work closely with the Finance Section/Purchasing Unit in purchasing any items they are unable to secure • Coordinate resources with all City departments • Access mutual aid resources for items that cannot be obtained locally • Accomplish objectives of the EOC Action Plan; set up, maintain and demobilize all facilities used in support of the incident • Obtain additional facilities as required • Provide facility maintenance and security services • Determine facility requirements for the incident • Arrange facilities for special purposes as needed; oversee the distribution of food and other essential supplies • Manage all food preparation and serving for incident re sponders • Support the Care and Shelter Branch in supplying food and beverage to incident victims at shelters • Determine food and water requirements Resource Management preparedness involves identifying and typing resources; qualifying, certifying, and credentialing personnel; planning for resources; and acquiring, storing, and inventorying resources. 2022 Update 67 261 8 City of Huntington Beach Emergency Operations Plan Basic Plan IDENTIFYING AND TYPING RESOURCES In accordance with NIMS, resources are identified by the following characteristics: • Capability: The core capability for which the resource is most useful (e.g., fire management and suppression; on-scene security, protection, and law enforcement; public health, healthcare, and emergency medical services) • Categ01y: The function for which a resource would be most useful (e.g., fire/hazardous materials, law enforcement operations, medical and public health) • Kind: A broad characterization, such as persmmel, teams, facilities, e quipment, and supplies • Type: Provides further details regarding the capability of a specific kind of resource that applies a metric to designate it as a specific numbered class (e.g., Type 1 IMT, Type 2 IMT, and Type 3 IMT) GENERAL RESOURCE REQUEST FLOW The real-time tracking of incident response needs and resources available is critical during the r esponse phase. Resources may be in short supply, and multiple service requests can occur. Federal Resources Resource supplies, requirements for equipment, vehicles, facilities, or perso1mel are initially filled from within City departments. Once internal resources have been exhausted (to include inventories on hand and procurement from vendors) or w h en a shortfall is projected, a resource request based on a needed outcome is submitted by the DOC to the appropriate Operations Section Branch at the EOC. Figure 7.1 -Resource Request Flow The request is then filled, if possible, by other departments represente d in the Operations Section of the EOC. When no inte rnal source exists to fulfill the resource request, or a shortage is anticipated, the request is forwarded to the Logistics Section v ia the appropriate EOC representative. The Logistics Section attempts to fulfill the request by procuring the necessary services or supplies first from within existin g City resources and then from the private sector or other nongovernmental sources. 2022 Update 68 262 City of Huntington Beach Emergency Operations Plan Basic Plan When City resources have bee n exhausted or certain resources are unavailable, resource requests are then routed to the Operational Area EOC. If resources are exhausted in the Operational Area, requests are routed to the Southern REOC following SEMS protocols. RESOURCE MANAGEMENT PROCESS During an incident, the resource management process includes standard m ethods to identify, order, mobilize, and h ·ack resources. In some cases, the identification and ordering process is compressed, such as when an Incident Commander identifies the specific resources necessary for a given task and orders those resources directly. However, in larger, more complex incidents, the Incide nt Commander relies on the resource management process and personnel in the ICP, DOCs, and EOC to coordinate to identify and meet resource needs. The six primary tasks of resource manageme nt during an incident are: • Identify requirements • Order and acquire • Mobilize • Track and report • Demobilize • Reimburse and restock - RESOURCE TRACKING Resource h·acking occurs prior to, during, and after an incident. This process helps staff prepare to r eceive and use r esources; tracks resource location; facilitates the safety and security of personnel, equipment, teams, and facilities; and enables effective r esource coordination and movement. Resource status updates and associated information should flow up from the ICP to DOCs to the EOC and continue until the resource provider receives the information. SUPPLY REQUESTS Requests for supplies, equipment, transportation, or facilities may be initiated from other City deparhnents to the EOC. As requests are received, this branch will r eview the EOC Action Plan to prioritize resources and determine the following: • How many are needed? • Where is it to be delivered? • How soon is it n eed e d? • How long is it needed? • Are personnel needed to operate it? • Is specific tr·aining ( certified/licensed) nee d e d for the operator? In the initial hours of an emergency or when life-saving issues are involved, any reasonable method may be utilized to get the n ecessary resources to save lives and protect the e nvironment and property. This includes th e commandeering of equipment. Ensure that the City has proclaimed a Local Em ergency prior to command eering any equipme nt or supplies. 2022 Update 69 263 City of Huntington Beach Emergency Operations Plan TACTICAL RESOURCES VS . LOGISTICAL RESOURCES Basic Plan Tactical resources are ordered and tracke d by the Incident Command Post or DOC in the first operational period. All tactical resources will be ordered and tracked by the EOC Operations Section by the second operational period. Each DOC retains the responsibility to request, assign and track tactical resources, and the DOCS will make p e riodic reports to the EOC Operations and Planning Sections. Tactical resources include fire, police, public works and marine safety apparah1S, equipment, and p e rsonnel and should be ordered at the highes t level of the organization. Logistical resources include all other resources (e.g., food, portable restrooms, sand, sandbags, etc .). They will be ordered by the Logistics Section at the highes t level of the organization. For example, if only an Incident Command Post is activated, they will order the logistical resources; if the DOC is activated, they place the orders, and when the EOC i s activated, the EOC will place all orders for logistical items. The Command Post and DOCs will forward orders they cannot fill from within the City to the highest level Logistics Section that is activated. REQUESTING INTERNAL EQUIPMENT AND SUPPLIES Departments will utilize their own supplies and equipment. If departments within Operations need a resource from another department within Operations, they will contact the department directly. This coordination usually occurs at the EOC level where Police, Fire, Public Works, and Marine Safety all s it at the Operations Section, working together to support each other. If Operations cannot find the item within the Operations Section, it will be requested from. Logistics will search the City asset and warehouse inventory lists for the item. If the resource is within the City inventory, they will arrange to get the n eeded item to the requesting person. REQUESTING EXTERNAL EQUIPMENT AND SUPPLIES If a request cannot be fulfilled from within the City, it must b e re nted, leased or contracted, and purchased as a last resort. The Support Branch does not directly rent, lease, contract, or purchase items. The Finance Section/Purchasing Unit will be responsible for the actual purchasing process and tracking the purchase. PROCUREMENT POLICIES Supplies will be obtained from the following sources: • If departments within Operations need a resource from another department within Operations, they will contact the department directly. • If Operations cannot find the item within the Operations Section, it will be requested from Logistics. Logistics will search the City asset list for the item. If found within the City, Logistics will contact the deparhnent with the item and see if it is available. If so, the Supply Unit w ill arrange to get the n eeded item to the requesting person. • As surplus property or donated good s become available, the City and the American Red Cross will coordinate and mutually agree upon the use and dis p osition of such property and services to the affected victims. 2022 Update 70 264 City of Huntington Beach Emergency Operations Plan Basic Plan • If the item cannot be obtained from within the City or by donation, it must be purchased, leased, or obtained by contract. The Logistics Section/Supply Unit does not directly purchase items. The Finance Section/Purchasing Unit will be responsible for purchasing. • Supplies that are depleted or desh·oyed in an emergency will be replaced to help maintain City inventory. • Resources should be typed in accordance with the National Incident Management System (NIMS). Mutual Aid is defined as "voluntary aid and assistance by the provision of services and facilities, including but not limited to fire, police, medical and health, communication, transportation, and utilities. Mutual aid is intended to provide adequate resources, facilities, and other support to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation." The basis for the Mutual Aid System is the California Disaster and Civil Defense Master Mutual Aid Agreement (MMAA), which is entered into by and between the State of California, its various departments and agencies and the various political subdivisions, municipal corporations and public agencies to assist each other by providing resources during an emergency. The City is a party to this agreement. The agreement obligates each signatory entity to provide aid to each other during an emergency without expectation of reimbursement. Under specific conditions, Federal and State monies may be appropriated to reimburse public agencies that aid other jurisdictions. If other agreements, memorandums, and contracts are used to provide assistance for consideration, the terms of those documents may affect disaster assistance eligibility, and local entities may be reimbursed only if funds are available. The City is also party to the Emergency Management Assistance Compact (EMAC). Passed through Public Law 104-321, EMAC provides the legal agreement and standard operating procedures for states and their political sub-divisions to receive interstate aid in a disaster. In addition to mutual aid from other jurisdictions, other states can also obtain emergency response resources through alternative mutual aid systems such as the Water Response Network, coordinated by the California Utilities Emergency Association, or the Public Transit Mutual Aid, coordinated by the Metropolitan Transportation Commission. When the City's resources are exhausted, it depends on the Mutual Aid System and the resource request flow defined in SEMS to acquire necessary resources to execute response activities. The City should look to other organizations, such as the Salvation Army, to manage physical donations. This can be accomplished by directing donors to the AidMatrix portal to register online donations. If the AidMah·ix solution is not viable, the city must coordinate intake and distribution as necessary. 2022 Update 71 265 City of Huntington Beach Emergency Operations Plan Basic Plan Businesses, corporations, and organizations will often make donations of new and bulk goods into an affected area in times of disaster. These bulk donations can provide critical and needed resources, such as hundreds of cases of water, baby formula, etc. When a bulk donation offer is received, it is important that the Logistics Section Chief is aware of the resources and can utilize them in the resource allocation process in the response. Special considerations should be given t o the following: • Directs donated goods to a central reception area away from the disaster area in order to be sorted and organized for redistribution. • Requests from the Facilities Unit Leader an indoor facility to be used as the Donations Center, if needed. • Coordinates with the Public Information Officer or the Joint Information Center 0IC) to ensure they know what types of donation goods are needed. Information regarding where they may go to get donated items must also be disseminated to victims. AFFILIATED DSW VOLUNTEERS The City's emergency organization relies on a dedicated network of volunteers t o support preparedness activities, augment response, and provide expertise in recovery. The Office of Emergency Management manages the following volunteer programs: • Community Emergency Response Team (CERT) • Radio Amateur Civil Emergency Services (RACES) • Volunteers in Policing • Search and Rescue Explorers SPONTANEOUS UNAFFILIATED VOLUNTEERS After a disaster, local governments often see an influx of spontaneous volunteers converge in their communities; however, well-intentioned, uncoordinated volunteers can be ineffective, hinder response operations, and create new risks. Emergency volunteers must be carefully managed, a function that often falls to local government. In the City, after a disaster, emergent volunteer s w ill be managed by Community and Library Services Department. 2022 Update 72 266 City of Huntington Beach Emergency Operations Plan 8 COMMUNICATIONS VOICE SYSTEMS TELEPHONES Basic Plan The EOC has 35 separate phone lines. The phone lines are on two different phone systems, digital and analog. If the power goes out, the analog system will still function . CELLULAR PHONES Many employees are provided with City-issued cellular phones, and most carry personal cell phones. In an emergency situation, all forms of redundant communication are encouraged should primary systems fail. EOC-To-EOC RADIO (OAl) The OA EOC-to-EOC Radio system is an additional communications system between the Orange County OA EOC, OA Members, and other OAs with this radio capability. The frequencies are always monitore d by Control One in the event a jurisdiction cannot communicate by any other m ethod. FAX MACHINE Facsimile is still the secondary m ethod of communication b etween the OA EOC and OA Members due to the number of reporting jurisdictions and the quantity of documentation they provide. (WebEOC®may become primary within the next few years.) RADIO AMATEUR CIVIL EMERGENCY SERVICES (RACES) RACES consists of volunteer amateur radio (ham radio) operators committed to assisting with emergency communications in times of disaster. This group can provide auxiliary communications for all response agencies and other d e parhnents. The City maintains a cadre of ham radio volunteers and radio base stations to ensure communications b etween the EOC and various locations can be maintained. Individual operators may have their own base s tations that can also be dispatched at the discretion of the EOC. Emergency information can be communicated through RACES operators to any location an operator and base station is dispa tched (e.g., mutual aid EOCs, Incident Command Posts, she lters, staging areas, e tc.). The EOC has Police, Fire, Public Works (Silve r 1, 2, and 3 ), and RACES radios. The Police radio room is a backup Police dispatch center. SATELLITE PHONES Satellite phones are mobile phones that communicate directly with orbiting communications satellite s to ensure communications independent of terrestrial systems (e.g., radios, telephones). Both handheld and hardwired sate llite phones are available at the Huntington Beach and OA EOCs. Handheld satellite phones n eed a clear view of the sky. Thus, they do not work inside 2022 Update 73 267 City of Huntington Beach Emergency Operations Plan Basic Plan buildings or cars, and they must be used outside. Hardwired satellite phones within the EOC are c01mected to external antennas that allow them to be used inside the building. DAT A SYSTEMS E-MAIL E-mail is a method of communication utilized between the City and the OA due to the number of reporting jurisdictions and the quantity of documentation they provide. All county employees have an e-mail account, as do most individuals working for OA Members. Like cellular telephones, if other primary means of data or voice communications fail, e-mail should be considered a sufficient backup. Before using e-mail, personnel should confirm that the intended recipient(s) has access to and is checking their e-mail. Critical information should never be sent over e-mail unless confirmation exists that the intended recipient is receiving the messages. The OA has established e-mail accounts for use specifically during OA EOC activations. The eocliaison@ocsd.org e-mail will serve as a reliable e-mail account designed to accept correspondence with OA jurisdictions. WEBEOC ® WebEOC® is a web-based crisis information management system that provides secure real-time information sharing to help City managers make sound decisions quickly in times of disaster. This software allows viewing of critical information countywide as well as posting information for all authorized perso1mel to see in the Emergency Operation Center, Department Operation Centers, in the field, or other remote locations. The City will primarily use WebEOC® for the following purposes: • Review situational information posted by the City and OA Members • Send information to OA using Jurisdictional Information Management System (JIMS) • Use applicable position checklists, contact lists, and plans posted to WebEOC® CACHE RADIOS The County of Orange maintains 800 MHz portable radios that can be deployed to support emergency incidents. The radios are maintained at Conh'ol One and are available for deployment 24 hours a day. The radios have two sets of pre-programming. The Law program includes all common talk groups and conventional channels but no agency-specific talk groups. The Fire program corresponds to a typical city or county fire radio with the exception of Zone 1 being OCFA programming. Contact the on-duty Contrnl One supervisor to request the use of these cache radios. COUNTYWIDE COMMUNICATIONS CENTER (CONTROL ONE) The Orange County Sheriff's Department functions as the 24-hour-a-day emergency point of contact through their countywide coordinated communications center known as Conh'ol One. 2022 Update 74 268 City of Huntington Beach Emergency Operations Plan Basic Plan Communications Coordinators monitor numerous radio, California Law Enforcement Telecommunication System (CLETS), and te lephone systems and are responsible, through established procedures, for Alerting & Warning notifications for a wide variety of emergency incidents that impact or have the potential to impact Orange Cotmty. INCIDENT NOTIFICATION PROCEDURE When notified of any incident that requires countywide notification, Control One will immediately broadcas t the information following an established notification procedure. Incidents may include earthquakes, fires, hazardous mate rial events, significant weather (such as a Tornado Warning, Flash Flood Warning, or Hurricane Warning), a 9-1-1 outage, or other emergencies. Notifications are made u s ing radio, telephone, and CLETS systems to the public, law enforcement, fire service, hospitals, and other public safety agencies. This information is also provided to the public using the EAS, Sigalert, and NWS radio systems. ORANGE COUNTY JURISDICTION INFORMATION MANAGEMENT SYSTEM The Orange County Jurisdiction Information Management System (JIMS) is used by all cities, county agencies, special districts, school districts, and approved private and non-governmental organizations to coordinate, collaborate and share information during a disas ter. Accurate and timely information that is shared with the mos t people possible is critical for situational awareness, mission, and reso urce prioritization. The communication protocol for participating in JIMS is discu ssed below. Two primary types of information are shared within JIMS: Activation Status and Status Updates. Activation Status confers the level of activation of the juris diction's EOC and other related information. Status Updates include many different reports, such as Initial Damage Estimates, Casualties, Proclamations, Utility Outages, Evacuations, Mass Care Sites, Road Closures, Infrastructure Schools, Hospitals, Adv isories/ Press Releases, Potable Water, Waste Water, DOC Status, and Resource Requests. There are two situations when OA juris dictions should begin input into JIMS. The first is if their EOC is activate d for any reason . The second is upon request by the OA following their EOC activation . OA jmisdictions should attempt to submit their Activation Status within one hour in either case. Status Updates should be added or updated as information is collected and verified . Each jurisdiction is res ponsible for updating all status updates that apply to the ir jurisdiction. Successive communications m ethods should be used in this order: W ebEOC®, e -mail, fax, landline phone, OA Radio, EOC-to-EOC 800 MHz talk group, RACES, and satellite phone. Jurisdictions should utili ze the next communication method only if the preceding one is unavailable. 2022 Update 75 269 City of Huntington Beach Emergency Operations Plan Basic Plan CALIFORNIA WARNING SYSTEM (CALWAS) California Warning System (CALWAS) is the state portion of the National Warning System (NAWAS) that extends to communications centers throughout the state. Cal OES headquarters ties into the federal system through the Warning Center in Mather (Sacramento). Circuits then extend to County warning points. The California Highway Patrol (CHP) headquarters in Sacramento is the state's alternate warning point. State and federal circuits are monitore d 24 hours a day at the Warning Center and the alternate point. The Local warning points monitor the State circuit. Immediately following the NAWAS test, the State conducts the CALWAS test. The County of Orange Countywide Coordinated Communications Center (Control One) monitors CALWAS and all backup systems 24 hours a day and functions as the point of contact for Orange County. CALIFORNIA LAW ENFORCEMENT MUTUAL AID RADIO SYSTEM (CLEMARS) CLEMARS was established to provide common police radio frequ e ncies for u se statewide by state and local law enforcement agencies during periods of human-caused or natural disasters or other emergencies where inter-agency coordination is required. The State of California administers it through Cal OES . Additional information can be obtained from the CLEMARS Plan, available from the Cal OES Telecommunications Division. CALIFORNIA LAW ENFORCEMENT RADIO SYSTEM (CLERS) CLERS is a microwave interconnected radio repeater system w ith statewide coverage. This system was d esigned for use by law enforcement agencies for point-to-point communications, to provide a backup warning system to all counties in the state, and serves as the b ackbone for the California EAS. Control One monitors this syste m 24 hours a day and functions as the point of contact for Orange County. Additional information can be obtained from the CLERS Plan, available from the Cal OES Telecommunications Divis ion. CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) CLETS is a high-spee d message switching sy stem that provides law e nforcement and criminal justice agencies access to various databases and the ability to transmit and receive point-to-point administrative messages w ith other agencies within California or, via the National Law Enforcement Telecommunications System (NLETS), to other s tates and counh·ies. HBPD has m essage-switching computer systems and computer-aided dispatch (CAD) syst ems that directly connect to CLETS. Many of these systems have mobile data terminals (MDTs) which a llow 2022 Update 76 270 8 City of Huntington Beach Emergency Operations Pl a n Basic Plan officers in the fi e ld to inquire directly into various systems. Control One monitors this system 24 hours a day and uses CLETS to distribute Alert and Warning information. EMERGENCY DIGIT AL INFORMATION SERVICE (EDIS) The EDIS provides local, state, and federal agencies with a direct computer link to news media, other agencies, and the public during emergencies. EDIS supplements existing emergency public information systems such as the EAS. The main purpose of EDIS is to distribute official information to the public during emergencies. However, a syste m that is not used daily will not be used confidently during an emergency. Therefore, certain non-emergency uses of EDIS are permitted so long as they do not interfere with more urgent transmissions. Con trol One uses EDIS to distribute a lerting and warning information when requested to do so. Additional information can be obtained from the EDIS Plan, available from the CalOES Telecommunications Division. FIRE MUTUAL AID RADIO SYSTEM (FIREMARS) FIREMARS was established to provide a common 800 MHz channel for u se statewide by s tate and local fire agencies during periods of human-made or natural disasters or other emergencies where inter-agency coordination is required. The State of California administers it through the CalOES. Conh·ol One monitors this system 24 hours a day and functions as the point of contact for Orange County. CAL FIRE This is a statewide VHF High Band repeater system used by Fire Mutual Aid Coordinators at the state, regional, and OA levels. The State of California administers it through the CalOES. The Orange County Fire Authority dispatch center monitors this system 24 hours a day and functions as the point of contact for Orange County. OPERATIONAL AREA SATELLITE INFORMATION SYS T EM (OASIS) The CalOES leases transponder space from a commercial satellite operator and operates a satellite communications system known as OASIS. This system serves as one of the various backup and redundancy systems and allows public safety agencies to exchange disaster intelligence and resource requests whe n either the public switched telephone network (PSTN) fa ils, or a secure communications source is needed. In tl1e event of PSTN failure, OASIS is the primary backup, providing voice and internet connectivity to the California State Warning C enter, the CalOES, Regional Emergency Operations Ce nters (REOC), k e y State agencies, and each OA. It is administered by the CalOES. Control One monitors this system 24 hours a day and functions as the point of contact for Orange County. Additional information can be obtained from the OASIS Guidelines Plan available from the CalOES Telecommunications Division. 2022 Update 77 271 City of Huntington Beach Emergency Operations Plan 9 RECOVERY OPERA TIO NS Basic Plan Recovery refers to those measures undertaken by an entity following a disaster that will return all systems (utilities, roads, government offices, etc.) to normal service levels. Successful recovery starts at the moment of impact. There is no clearly defined separation between response and recovery. The tasks are different from response, but they should be carried out simultaneously. Establishing a recovery organization prior to a disaster has proven effective in enabling a smooth and speedy recovery. Emergency response personnel are to continue using SEMS/NIMS principles and procedures during recovery. Recovery operations differ significantly from emergency response activities, which are greater in the SEMS/NIMS Operations and Logistics functions. Recovery activities see much more activity in the Finance and Planning functions and less in the other SEMS functions. The OA also plays a different role in recovery than in response. The OA may act as an information and coordination point for its constituent jurisdiction; however, each local jurisdiction works directly with state and federal recovery programs rather than having to go through the OA. Recovery priorities include: • Reinstatement of individual autonomy • Restoration of family unity • Provision of essential public services • Permanent restoration of private and public property • Restoration of normal government operations • Restoration of public services • Research to uncover residual hazards, advance knowledge of disasters and improve future emergency operations The City's Emergency Operations Center (EOC) will be activated to manage the disaster/emergency and will continue operations into the recovery phase. Based on the size and length of the recovery period, it is possible that operations may shift to a Recove ry Coordination Center. Even though response e fforts may take priority over recovery efforts, a representative from the Economic Development employees will be assigned to lead the Recovery Unit during the height of response operations. In that role, that individual will begin assessing the situation to identify recovery priorities and s h'ategies for consideration. When all lifesaving and immediate property protection operations are complete, the DEM will d e termine who will lead the phases of recovery. 2022 Upda te 78 272 8 City of Huntington Beach Emergency Operations Plan Short-Term Recovery {72 hrs to 6 mo) Includes: Rapid damage assessment Debris removal Temporary relocation Immediate restoration of services Temporary financial relief Immediate abatement of extreme hazards Crisis counseling Focus placed on restoration of: Electric power Communications Water and sewer facilities designated uitical or essential High impact areas and special districts, schools and hospitals Economic and social systems of the community Mid-Term Recovery (6 mo to 2 yrs) Includes: Most vital services restored Life may not be characterized as !'back to normal"yet Behavioral health services become paramountdurins this time as disaster victims experience the strC!sses related to coping with the ongoing disaster effects Characterized by: Displaced persons may still be living in temporary housing Businesses a reopen, but may be operating from temporary racilitles Transportation arteries may be open, but are not fully restored Government, prrYate and non-profit sectors and Individuals may have applied for grants and loans but have not received the money Figure 9.1 Phases of Recovery Basic Plan Long-Term Recovery {2 -10 yrs or longer) Includes: Reconstruction or damaged buildings Permanent re -establishment of publk, private and non-profit services Economic recovery Long-range planning for hazard mitigation and land use Characterized by: Long-term recovery for severely trc1umatized victims may involve bringing those individuals into the county mental health system for care. Additional long-term considerations Include updating plans based on lessons learned and conducting post- lncfdent assessments. In the aftermath of a disaster, all deparhnents w ill be responsible for carrying out some portion of the recovery and reconstruction duties and assisting in preparing the City's Recovery and Reconstruction P lan. Some deparhnents may even be expected to defer some of their normal day- to-day operations to devote personnel and equ ipment to carry out functions durin g the initial recovery phase. Whether or not it has been assigned a specific recovery role, any City deparhnent may be called upon to provide recovery assistance to oth er deparhnents. Some deparhnents may be designated to coordinate or assist in coordinating recovery functions between deparhnents and/or outside agen cies. All deparhnents will be expected to comply immediately with reasonable requests for assistance from the Recovery Team. If a request impedes the deparhnent's ability to fulfill its normal primary and non-deferrable mission, the team will coordinate through the DEM. The DEM will make the final decision to divert a deparhnent' s resources from its normal primary and non-deferrable mission to recovery support activities. EMERGENCY RECOVERY TEAM Because recovery operations may go on for years and the EOC may be needed to support new emergency response operat ions, it may not be advantageous to have recovery operations based in the City EOC. Instead, the DEM may choose to move recovery operations to an other facility, which will be designated as the Recovery Coordination Center (RCC). 2022 Update 79 273 City of Huntington Beach Emergency Operations Plan Basic Plan Additional consideration should be given to co-locating the RCC with a facility to provide service to the public. This "one-stop" opportunity for citizens may address temporary housing, demolition p ermits, building permits, federal grants, tax relief, American Red Cross services, etc. FEMA refers to this type of facility as a Disaster Recovery Center (DRC). Prior to renting or assigning the facility, coordination with Cal OES and FEMA is recommended. The RCC should be a facility that is available to support the potential long-term needs of the recovery operation. It s hould be convenient to City p ersonnel, have appropriate security and capabilities, and be accessible to citizens if used a s a service center to s upport constituents. JOINT FIELD OFFICE (FEDERAL) Following a Presidential De claration of a Disaster or Emergency, a Joint Field Office (JFO) will b e established in the proximity of the disaste r area. If applicable, City staff will coordinate closely with the Federal Coordinating Officer (FCO) and JFO staff to recover and rebuild the community. The JFO provides the direction and coordination point for federal assistance. Typical function s of the JFO include: • Management -Coordination of the overall federal assis tance programs for individual and public assistance, as well as any existing emergency work • Public Information -Overall direction of public news releases on the progress of the em ergency recovery actions, public notices on obtaining assistance, problems, and other pertinent information • Liaison -Provides coordination and cooperation with other federal, state, and local agencies • Operations -Responsible for damage survey teams, outreach activities, and program implementation (i .e., public assistance, individual assistance, and hazard mitigation) • Logistics -Provides materials and resources to p erform the tasks associated with recovery • Finance -Tracks and monitors federal costs, approves purchases and audits activities as needed • Plans/Intelligence -Develops federal action plans, identifies priorities and potential problems, and documents the overall recovery actions The Recovery organization is required to communicate and interact with all departments on r ecovery planning and will be responsible for forming the task force, which will prepare the City's Recovery and Reconstruction Plan. This function will be activated at the initial stages of disaster response tlu-ough the Recovery Unit under the Planning Section. Under the Finance Section, additional recovery activities will be coordinated through the Recovery Unit/RCC, Cal OES & FEMA Filing Unit. This Unit will start the process of collecting the required documentation for future Cal OES and FEMA reimburse m ent filings. Following a transition to recovery operations, the recovery organization, as identified above, w ill b e responsible for short and long-term recovery planning, redevelopment, and economic recovery efforts . 2022 Update 80 274 City of Huntington Beach Emergency Operations Plan Basic Plan The recovery organization is re sponsible for disseminating information, establishing recovery priorities, and disfributing r esources. A con cer ted effort on the part of many individuals in many d eparfrnents will be required to coordinate and impleme nt recovery operations. During a transition to recovery, unneeded EOC public safety personnel will b e relieved from the Operations Section while staff from deparfrnents with recovery responsibilities, such as Planning and Building, Community Services, Public Works, and Finance are added. If the recovery organization must work full time, the DES must consider how it will maintain day-to-day workloads for disaster and normal City functions. City p e rsonnel will be working long hours coordinating the recovery process. Many have respons ibilities during the response phase and the recovery phase. To keep the s taff from "burnout," maximum work hours per day and/or week may n eed to b e set. Exhausted, over-worked personnel should not make decis ions. It may be determined that additional personnel must be hire d during the recovery phase. Refer to FEMA Public Assistance Program for reimbursement opporttmities. There are numerous post-disaster assistance programs. They are administrated by federal, state, and local governments, NGOs, and private organizations. Federal programs include: • Stafford Act Programs -These are discussed in d e tail in Section 9.5. • Disaster Housing Assistance Program -This is a federal program administered b y FEMA that provides temporary housing to disaster victims during Presidentially declared disasters. • Disaster Mortgage and Rental Assistance Program -This program prov ides grants for home-relate d mortgage or rent payments to disaste r victims who have los t their job or business and face foreclosure or eviction from their homes because of a disaster. It is a federal program available under a Presidentially declared disaster. • Housing and Urban Development (HUD) Program -This program is offered to families that meet certain income guidelines and may provide a percentage of the rental cost for a limited p e riod to disaster victims. It is also available under a Presidentially declared disaster. • Small Business Administration (SBA) -This program is a utomatically implemented following a Presidential disaster declaration for Individual Assistance or may be imple mented at the governor's request. It provides low-interest loans to bus inesses and individuals who have suffered disaster losses. • Individual and Family Grant Program (IF GP) -This is authorized only by a federal disaster declaration. It provides grants to disas ter v ictims who are not eligible for SBA loans. 2022 Update 81 275 City of Huntington Beach Emergency Operations Plan Basic Plan • Cora Brown Fund -This is authorized only by a federal disaster declaration. The fw-1d provides disaster victims with assistance provided they are not eligible for any other disaster assistance award from the government or other organizations • US Department of Health and Human Services (HHS) -HHS provides programs such as community health services, including the Emergency Prescription Assistance Program and the Strategic National Stockpile of medicines. These are only a few federal programs that can be activated under a Presidentially declared disaster. Disaster assistance may also be altered by legislation passed at the time of the event. Other types of assistance may also be made available depending on the disaster. State programs include: • Unemployment and job services -The California Employment Development Department (EDD) provides various services to individuals and businesses impacted by disasters in California. These range from assistance for those who may have lost a job due to the disaster, to employers who are forced to shut down operations. • State Public Assistance Program -The California Public Assistance Program provides funding to cities, counties, special districts, school districts, community colleges and certain private nonprofit organizations in the event of a state disaster. • Local Assistance Center (LAC) activation and staffing-The LAC is normally staffed and supported by local, state, and federal agencies, as well as non-profit and voluntary organizations. The LAC provides a single facility where individuals, families, and businesses can access available disaster assistance programs and services. Volunteer programs include: • The American Red Cross exists to provide compassionate care to those in need. The network of donors, volunteers, and employees aims to prevent and relieve suffering through disaster relief efforts. • Volw1teer Organizations Active in Disasters (VOAD) improve outcomes for people affected by disasters by facilitating cooperation, communication, coordination, and collaboration among nonprofit organizations, commw1ity-based groups, government agencies, and for-profit companies. • Community Emergency Response Teams (CERT) -CERT volunteers are trained to prepare for and respond to a disaster until first responders arrive. • The Salvation Army is a minish-y with a mission to mee t human n eeds without discrimination. The Volunteer and Donations Management Unit is part of the Operations Section in the City EOC. It supports and coordinates the efforts of trained volw1teer groups and NGOs that provide critical services in a disaster. 2022 Update 82 276 City of Huntington Beach Emergency Operations Plan Basic Plan Stafford Act programs include individual and public assistance. These programs are available after a Presidential disaster declaration. They are administered through a joint State/federal organization located in a Joint Field Office (JFO). The JFO is organized along ICS principles and follows NIMS/SEMS processes for both response and recovery operations. Eligible applicants for Stafford Act assistance include the following: • Individuals • St ate agencies • Counties • Cities • Special districts • Schools K-12 • Colleges and institutions of higher education • Private non-profit organizations organized under §501(c)3 of the Internal Revenue Code Individual Assistance The Individuals and Households Program (IHP) provides financial help or direct services to those who h ave necessary expenses and serious needs if they are unable to meet these needs through other means. Program support includes: Housing Assistance • Temporary Housing: Money to rent a diffe rent place to live or a temporary h ousing unit (when rental properties are not available). • Repair: Money for h omeowners to repair damage from the disaster that is not covered by insurance. The goal is to repair the home to a safe and sanitary living or functioning condition. FEMA may provide limited funds for home repair; then, the homeowne r may apply for an SBA disaster loan for additional repair assistance . FEMA w ill not pay to return a home to its condition before the disaster. Flood insurance may be required if the home is in a Special Flood Hazard Area. • Replacement: Money to replace a disaster-damaged home, under rare conditions, if this can b e done with limited funds. Other Needs Assistance The Other N eeds Assistance provision of the Individuals and Households Program provides grants for uninsured, disaster-related necessary expenses, and serious needs. Assistance includes: • Medical and dental expenses • Funeral and burial costs • Repair, cleaning, or replacement of: o Clothing 2022 Update 83 277 e City of Huntington Beach Emergency Operations Plan o Household items (room furnishings, appliances) Basic Plan o Specialized tools or protective clothing and equipment required for the individual's job o Necessary educational materials (computers, schoolbooks, supplies) o Clean-up items (wet/dry vacuum, air purifier, and d e humidifier) o Fuel (fuel, chain saw, firewood) • Repairing or replacing vehicles damaged by the disaster or providing for public transportation or other transportation cos ts • Moving and s torage expenses related to the disaster (including evacuation , storage, or the return of property to a home) • Other necessary exp enses or serious needs (for example, towing, or setup or connecting essential utilities for a housing unit not provided by FEMA) Public Assistance The Public Assistance (PA) grant program provides federal assistance to government organizations and certain private nonprofit (PNP) organizations following a Presidential disaste r declaration. PA provides grants to state, tribal, territorial, and local governments and certain types of PNP organizations so that communities can quickly respond to and recover from major disasters or emergencies. The PA program provides supplemental federal disaster grant assistance for de bris removal, life- saving emergency protective m easures, and the re pair, replacement, or restoration of disaster- damaged publicly owned facilities and the facilities of certain PNP organizations. The PA program also encourages the protection of these damaged facilities from future events by assisting with hazard mitigation measures during the recovery process. Public Assistance categories are: • Category A : Debris Clearance -Clearance of debris, wreckage, demolition, and removal of buildings damaged beyond repair. • Category B: Emergency Protective Measures -Measures to e liminate or lessen immediate threats to life, public he alth, and safety. • Category C: Roads and Bridges -All non-em e rge ncy work and any that may require more time for decision-making, preparation of detailed d esign, construction plans, cost estimates, and schedules. • Category D: Water Control Facilities -Includes fl ood conh·ol, drainage, levees, dams, dikes, irrigation works, and bulkheads. • Category E: Public Buildings and Equipmen t -Buildings, vehicles or other equipment, transportation systems, fire stations, supplies or inventory, high er education facilities, libraries, and sch ools. 2022 Update 84 278 City of Huntington Beach Emergency Operations Plan Basic Plan • Category F: Utilities -Water supply systems, sanitary sewerage treatment plants, storm drainage and light/power. • Category G: Other -Park facilities, public and private non-profit facilitie·s, recreational facilities, and playground equipment. PA programs provide at least 75 percent of costs associated with Presidentially declared disasters if program projects meet stringent requirements for documentation, regulatory compliance, and administration. Detailed guidance is provided at: https://www.fema.gov/pub lic-ass is ta n ce-local- s ta te-trib a l-a n d -n on -profi t SEMS/NIMS regulations require any jurisdiction declaring a Local Emergency for which the governor proclaims a State of Emergency to complete and transmit an After-Action and Corrective Action Report to Cal OES within 90 days of the close of the incident period. The After-Action Report will provide at a minimum: • Response actions taken • Applications to SEMS/NIMS • Suggested modifications to SEMS/NIMS • Necessary mediation to plans and procedures • Identified h·aining needs • Recovery activities to date The After-Action report documents the City of Huntington Beach's response activities and identifies areas of concern and success. The Corrective Action Report will develop a work plan for implementing improvements in the response and recovery system. The After-Action Report is a composite of documents submitted by a ll functions and provides a broad perspective of the incident. It references more de tailed documents and addresses all areas specified in the regulations. It includes all documents generated by the response phase and data gathered from interviews of emergency responders. It will coordinate with, but not encompass, the post-disaster hazard mitigation plan. However, hazard mitigation efforts may be included in the "recovery actions to date" portion of the After-Action Report. The Planning Section develops the After-Action and Corrective Actions Report. The Emergency Services Coordinator is responsible for ensuring the completion and distribution of the Huntington Beach After-Action Report and will send it to the OA, who will forward it to Cal OES within the required 90-day period. 10 PLAN DEVELOPMENT, TRAINING, AND EXERCISES The Huntington Beach City Manager, with assistance from the City's Emergency Manageme nt & Homeland Security Staff, is responsible for ensuring that necessary ch anges and revisions to this 2022 Update 85 279 e City of Huntington Beach Emergency Operations Plan Basic Plan plan are prepared, coordinated, published, and distributed. These changes will be done through the City's LEPC. City departments will follow SEMS and NIMS when preparing SOPs. They will also conduct periodic reviews, update alert procedures and resource lists, and maintain a high level of preparedness by participating in yearly exercises and implementing all or portions of the plan as necessary. Individual departments are responsible for updating and revising their departmental procedures regularly and submitting those updates to the ESM, who will incorporate them into the EOP. These updates should include new information (e.g., update of phone numbers and revisions of relevant standard operating procedures or positions). All changes to the EOP will b e docume nted in the Record of Change table. Changes to the EOP will be distributed to the City departments shown on the Plan Distribution lfat. Major revisions to the EOP will be submitted to the City Manager for approval or recommendation for review by the City Council. Evaluating the effectiveness of the EOP involves capturing information from training events, exercises, and real-world incidents to determine whether the goals, incident objectives, decisions, and timing outlined led to a successful response. This process may indicate that deficiencies exist. City staff should discuss the deficiencies and consider assigning responsibility for generating remedies. Remedial actions may involve revising planning assumptions and operational concepts, changing organizational tasks, or modifying organizational implementing instructions such as checklists or templates. Remedial actions may also involve providing re fresher h·aining for EOC personnel. The EOP should be reviewed and updated annually internally by City staff and whenever the following occurs: • A major incident • A change in operational capabilities or resources (e .g., policy, personnel, organizational structures, management processes, facilities, equipment) • A formal update of plaiming guidance or standards • A change in the acceptability of vru:ious risks Huntington Beach has a basic philosophy on training and exercises that lies at the foundation of prepare dness. Below are some of the policies that the City has institutionalized to ensure its readiness: • Exercises are conducted frequently and in accordance with procedures that ensure people remember what to 9-0 and how to perform tas ks. Training is provided to a minimum of three individuals per EOC position. 2022 Update 86 280 City of Huntington Beach Emergency Operations Plan Basic P l an • The City takes advantage of all activations, including small events, to practice response procedures, train s taff, and identify issues and problems so that they can be addressed prior to a large activation . • Amateur radio operators and volunteers are engaged du r ing trainings, exercises, and real- world incidents as much as possible. TRAINING All local government staff who may participate in emergencies in the Emergency Oper ations Center, in Deparhnent Operations Centers (DOCs), or at the field level mus t receive appropriate SEMS, NIMS, and other specialized training as require d by SEMS regulations, NIMS policy, or their job function, respectively. Individual deparhnents are responsible for coordinating and executing training or sending employees to attend appropriate training programs. With regard to SEMS and NIMS, a pre-designated list of approved courses has been identified below. SEMS/NIMS training is ongoing to ensure all emergency response persom1el are trained in SEMS/NIMS and the EOP. Training is scheduled as needed and to accommodate perso1mel changes. Specialized train ing courses (e .g., fir e suppression, tactical operations, etc.) for first responders or other City employees are the responsibility of individual deparhnents to identify, d evelop and/or execute/attend. As required by the City of Huntington Beach, each deparhnent shall coordinate the following NIMS training at relevant levels for emergency personnel: As required by the City of Huntington Beach, each deparhnent shall coordinate the following SEMS t raining at relevant levels for emergency p ersonne l (some of the SEMS an d NIMS t rainin g requirements overlap): 2022 Update 87 281 . .__ - City of Huntington Beach Emergency Operations Plan ENTRY LEVEL FEMA IS-700: NIMS,An Introduction ICS-100: Introd uction to ICS or equivalent ICS-200: Basic ICS; or its equivalent . FIRST LINE, SINGLE SOURCE, FIELD SUPERVISORS I-IS-700 ICS-100 ICS-200 MIDDLE MANAGEMENT: I STRIKE TEAM LEADERS, DIVISION SUPERVISORS, , EOC STAFF, ETC. ~ IS-700 IS-800: -National Response Plan ~ ICS-100 I-ICS-200 '--ICS-300: Intermediate ICS Figure 10.1-SEMS/NIMS Training Flow Basic Plan COMMAND AND -I GENERAL STAFF; AREA, EMERGENCY AND EOC , MANAGEMENT ~ IS-700 I-IS-800 ~ ICS-100 I-ICS-200 -ICS-300 ICS-400: -Advanced ICS Th e EMHS Office is responsible for documenting SEMS/NIMS training in the City. A record of SEMS/NIMS training is maintained for each person who is a part of the ERO. Records of each class and attendance are k ept e lectronically in the EOC. In addition, public safety departments maintain individual training records for as long as employed by the City. EXERCISES Exercises are conducted to maintain th e readiness of operation al proce dures. Exercises provide perso1mel with an opportunity to become thoroughly familiar with r elevant procedures, facilities, and systems that will actually be u sed in emergency situations. Citywide, multi-agen cy, or regional exercises are conducted annually to e nsure departments are able to efficiently perform emergency functions and work togeth e r with exte rna l organizations. These larger-scale exercises are coordinated by numerous groups, including the EMHS Office, Fire Department, Police Department, the OCSD Emergency Management Division, the Urban Area Working Group, and others. Individual department s may conduct exercises more frequently as they deem necessary. As a part of the Anal1eim/Santa Ana Urban Area, the City of Huntington Beach is a signatory to the Combined Areas Homeland Security Exercise and Evaluation Program (HSEEP) Three-Year Exercise Plan. The Exercise Pl an presents a common approach for cross-jurisdictional exercises in the Orange County Operational Area, provides a framework for developing desired exercises and 2022 Update 88 282 City of Huntington Beach Emergency Operations Plan Basic Plan exercise execution work plans and timelines that tentatively schedule exercises for a three-year period based on needs and capabilities. The various types of exercises described above are defined in more detail below: SEMINARS/ORIENTATIONS Seminars are commonly employed to orient participants to, or provide an overview of authorities, strategies, plans, policies, procedures, protocols, response resources or concepts, and ideas. Seminars provide a good starting point for jurisdictions that are developing or making major changes to their plans and procedures. They offer the following attributes: • Low-stress environment employing several instruction techniques, such as lecture, multimedia presentations, panel discussions, case study discussions, expert testimony, and decision support tools • Informal discussions led by a seminar leader • Discussions not constrained by the real-time porh·ayal of events • Settings that are effective with both small and large groups WORKSHOPS Workshops usually focus on the development of a product by the attendees. The organization of attendees into functional groupings aided by facilitators and the use of breakout sessions are common. Final results are often presented and approved in a plenum session. In conjw1ction with exercise development, workshops are most useful in achieving specific aspects of exercise design, such as the following: • Determining program or exercise objectives • Developing exercise scenario and key events listings • Determining evaluation elements and standards of performance TABLETOP EXERCISES (TTXS) TTXs involve senior staff, elected or appointed officials, or other key staff in an informal setting to discuss simulated situations. This type of exercise is intended to stimulate discussion of vaiious issues regarding a hypothetical situation. It can b e u sed to assess plans, policies, and procedures, assess the types of systems needed to guide the prevention, response to and recovery from the defined event, or solve a specific problem. TTXs are typically aimed at facilitating understanding concepts, identifying strengths and s hortfalls, and/or achieving a change in attitude. The effectiveness of TTXs is derived from the energetic involvem e nt of participants and their assessment of recommended revisions to cunent policies, procedures, and plans. Attributes of a TIX may include the follow ing: • Practicing group problem solving • Familiarizing senior officials with Emergency Response • A specific case study • Examining personnel contingencies 2022 Update 89 283 City of Huntington Beach Emergency Operations Plan • Testing group message interpretation • Participating in information sharing • Assessing inter-agency coordination • Achieving limited or specific objectives DRILLS Basic Plan A drill is a coordinated, supervised activity usually employed to test a single specific operation or function in a single agency. Drills are commonly used to provide training on new equipment, develop or test new policies or procedures, or practice and maintain current skills. Typical attributes include: • A narrow focus, measured against established standards • Instant feedback • Realistic environment • Performance in isolation FUNCTIONAL EXERCISES (FXS) The FX is designed to test and evaluate individual capabilities, multiple functions, or activities within a function or interdependent groups of functions. It is generally focused on exercising the plans, policies, procedures, and staffs of the direction and control nodes of incident command and unified command. Generally, events are projected through an exercise scenario with event updates that drive activity at the management level. The movement of personnel and equipment is simulated. The objective of the FX is to execute specific plans and procedures and apply established policies, plans, and procedures under crisis conditions within or by a particular function team(s). The FX simulates the reality of operations in a functional area by presenting complex and realistic problems requiring rapid and effective responses by trained personnel in a highly stressful environment. Attributes of an FX include: • Evaluating functions • Evaluating the EOC and s taff • Reinforcing established policies and procedures • Measuring the adequacy of resources • Examining inter-jurisdictional relationships FULL-SCALE EXERCISES (FSXS) In an FSX, response elements are required to mobilize and deploy to a designated site or locale in response to a simulated incident, generally for an extended period. Actual mobilization and movement of personnel and resources are required to demonstrate coordination and response capability. EOCs and field command posts are activated. The FSX is the largest, most costly, and most complex exercise type and may involve participation at the state, local, regional and federal levels. Although pre-scripted events may b e use d, the exercise is primarily driven by playe r actions and decisions. The FSX is used to evaluate the operational capabilities of systems, functional interfaces, and interactions during an extended period. It involves testing a major 2022 Update 90 284 City of Huntington Beach Emergency Operations Plan Basic Plan portion of operations plans and organizations under field conditions. Athibutes of an FSX may include the following: • Assessing organizational and individual performance • Demonstrating inter-agency cooperation • Allocating resources and personnel • Assessing equipment capabilities • Activating p ersonne l and equipment locations • Assessing inter-jurisdictional cooperation • Exercising public information systems • Testing communication systems and procedures • Analyzing memoranda of unders tanding (MOUs), standard operating procedures (SOPs), plans, policies, and procedures 2022 Update 91 Emergency Operations Plan Adoption Huntington Beach Fire Department November 7, 2023 285 What is Emergency Operations Plan (EOP) • HBMC 8.60 • California Emergency Services Act (Gov. Code 8607) • Standardized Emergency Management System (SEMS) • National Incident Management System 286 I RESILIENCY EOP • Roles and responsibilities of departments and staff in an emergency • How the Emergency Operation Center is organized • Continuity of Government • Recovery • Updated every 5 years 287 EOP Update Process Local Emergency Planning Committee Reviews current plan Provides feedback Department Heads ApproveAdopt Plan Plan Maintenance 288 Major Changes • Reformatted and condensed • Condensed hazard analysis (Reference to the LHMP) • Roles and Responsibilities Damages Assessment moved to Operations • Planning Section (Marine Safety) • Did not require CA state review 289 Questions? 290 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-939 MEETING DATE:11/7/2023 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:Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of a contract between the City of Huntington Beach and Wittman Enterprises, LLC to provide billing services for emergency paramedic and ambulance services Statement of Issue: City Council is requested to consider approving and authorizing execution of a contract between the City of Huntington Beach and Wittman Enterprises, LLC to provide billing services for emergency paramedic and ambulance services for an amount not to exceed $1,400,000 over three years. Financial Impact: There are sufficient funds available in the FY 2023-24 Fire Department operating budget to cover anticipated contract costs for the remainder of the fiscal year. Future year contract costs will be incorporated in subsequent operating budgets. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” in an amount not to exceed $1,400,000 over three years. Alternative Action(s): Do not approve the contract, and direct staff accordingly. Analysis: The City of Huntington Beach previously entered into a professional services contract with Wittman, which ended in October 2023. The previous contract and amendments included a 3.90% invoice charge to be paid by the City of Huntington Beach to Wittman for the vendor’s services, up to $1,400,000 for a total of four years. In the new proposed contract, there is a 3.75% invoice charge, City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™291 File #:23-939 MEETING DATE:11/7/2023 which is 0.25% lower than the previous rate, which would lead to some cost savings. Of note, this 3.75% rate is considered a lower rate compared to the City of Newport Beach’s rate of 3.99%-4.50% and is competitive. Furthermore, contract procurement with Wittman complies with Municipal Code 3.03.080(B). (Other Interagency Agreements) to “piggyback” off the City of Newport Beach’s existing contract with Wittman to negotiate one for Huntington Beach. Newport Beach’s contract was procured through an approved RFP process in April 2022. Wittman has provided consistent and quality billing services to the City of Huntington Beach. As such, the Huntington Beach Fire Department is requesting approval and authorization by the Mayor and City Clerk to execute the “Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” in an amount not to exceed $1,400,000 over the span of three years. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events. Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service 2. City of Newport Beach-Professional Services Agreement with Wittman Enterprises, LLC. For Emergency Medical and Ambulance Billing Services City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™292 293 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE THIS AGREEMENT (11Agreement 11 ) is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and WITTMAN ENTERPRISES, LLC, a Limited Liability Corporation hereinafter refened to as ''CONSULTANT,11 WHEREAS, CITY desires to engage the services of a consultant to provide billing services for emergency paramedic and ambulance services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSUL TANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference, These services shall sometimes hereinafter be referred to as the "PROJECT, 11 CONSULTANT hereby designates Corinne Wittman-Wong who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSUL TANT in the performance of this Agreement. 294 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on October 21, 2023 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Four Hundred Thousand Dollars ($1,400,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit ''A,'' CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursu.ant to the terms of Exhibit "B." 2 295 7, DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's ( or CONSUL TANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable, The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B, To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 3 296 "CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs . The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C, Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULT ANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable, The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSUL TANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate, The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 4 297 policy 11deductible 11 of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULT ANT will make evr.ry effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY' s election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the ce1tificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 5 298 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thitty (30) days' prior written notice; howeve.r, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSUL TANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this I Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11 . INDEPENDENT CONTRACTOR CONSUL TANT is, and shall be, 1:.cting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSUL TANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSUL TANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULT ANT as provided herein. In the 6 299 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13 . ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, ce1iificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, ce1iificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 7 300 TO CITY: City of Huntington Beach ATTN: Fire Chief 2000 Main Street Huntington Beach, CA 92648 17, CONSENT TO CONSULTANT: Wittman Enterprises, LLC ATTN: Corinne Wittman-Wong, CEO 11093 Sun Center Drive Rancho Cordova, CA 95670 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, parngraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against . any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 8 301 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement anci one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSUL TANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 9 302 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to ser.me the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties aclmowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The patties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that patty or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 10 303 Agreement, This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the patties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers . CONSULTANT, WITT ENTERPRISES, LLC L,' ~ _;;;;>-a- By: M....,...---,-~-,-k.----,/4----.ri't--t-,-"'-d-.-,------ print name ITS: (circle one) Chaitm ~ice Pl'esid enl By:!~ pl'int name ITS: (circle on e) Sccl'etal' ' • · ncial Office!'/ Asst. Secret ary -Tl'easu · \/,u.-~ru,,l<-1- CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED : Fire Chief REVIEWED AND APPROVED: City Manager 11 304 EXHIBIT II A II A. STATEMENT OF WORK: (Narrative of work to be performed) Wittman Enterprises, LLC will conduct emergency paramedic and ambulance billing services for the City of Huntington Beach. B . CONSULTANT'S DUTIES AND RESPONSIBILITIES: Private Billing Wittman Enterprises, LLC to prepare all invoices and follow-up mailings . Initial invoicing with both English and Spanish instructions will be on 8 X 11 billings and will be placed in envelopes, sealed and mailed, postage prepaid. Initial invoicing occurs within three ( 4) days of receipt of transport tickets. Toll Free 800 telephone number provided to patients . An initial telephone call will also be made at this time to elicit any insurance information from the patient or patient's family. If we receive no answer on this call, Wittman 's will send an inquiry letter in addition to the initial invoice. The standard bill schedule is as follows: Private Bill Schedule 1. Invoice 2 . Statement 3. Past Due 4 . Final Demand Medicare, Medicaid, Medi-Medi Immediately 30 days 20 days 10 days Wittman Enterprises, LLC to prepare all invoices and electronically convey to Medicare and Medicaid/Medi-Cal fiscal intermediaries. All secondary and coinsurance billing transferred to the appropriate secondary pay source and promptly billed to that source. III. Workers' Compensation and Private Insurance Wittman Enterprises, LLC to bill private insurance, supplemental insurance, secondary insurance and Workers' Compensation billed according to specific requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or follow up necessary to secure insurance payments will be performed by Wittman Enterprises, LLC. Delinquent Claim Handling Patients with claims aging over 45 days will be contacted by telephone for payment arrangements . Telephone follow up will continue until payment in full is received or account is dismissed by the City to an outside collection agency. Wittman Enterprises, LLC will utilize installment billing as allowed by the City in cases of financial hardship . 12 305 Receipts Processing Wittman Enterprises, LLC will receive direct payment, posting and depositing cash receipts within one (1) day of receipt. Bank deposit receipt will be emailed to the City. Wittman Enterprises, LLC shall have no access to the proceeds of the receipts. All funds are under the exclusive control of the City of Huntington Beach. Reports Monthly, Wittman Enterprises, LLC will perform accurate month end close procedures that will result in the following reports: Monthly Ticket Survey Monthly Sales Journal Monthly Cash Receipts Journal Monthly Receivables Aging Management AIR Analysis Statistical Reports customized to client needs Provider Responsibilities • Submit necessary transport information, including pay source information and patient condition, to Wittman Enterprises, LLC for billing purposes. • Forward to Wittman Enterprises, LLC all necessary information relating to patient transports services, payments and patient eligibility. • Notify Wittman Enterprises, LLC of any accounts that require special attention. • Obtain signature of patient or guardian. • Provide patient's Social Security Number Source Documents Wittman Enterprises, LLC will retain all source documents including attachments for six (6) years. When service contracted is terminated, all source documents are returned to Provider at the Provider's expense, C. CITY'S DUTIES AND RESPONSIBILITIES: In a timely manner, the City will provide accurate documentation to the vendor so that they can conduct emergency paramedic and ambulance billing services. The City will provide vendor with supplemental documents as required from various sources to assist in completing billing services, D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. 13 306 EXHIBITB PAYMENT SCHEDULE CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES AGREEMENT WITH I. Fees WITTMAN ENTERPRISES, LLC FOR EMS BILLING SERVICES A. Percentage of Net Collections 3.75% of net collected revenue Included B. Monthly Rep01ts Net Collections are the dollars eligible for collection after adjusting for Medicare and Medi-Cal write downs. "Collected Revenue" is the net dollars collected minus any refunds or payor adjustments. Billing services are offered for a percentage of collected revenue as agreed upon by the two patties and indicated above. ,, 1 Exhibit B 307 I~ WITTENT-01 AMARTINEZ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 6/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s). PRODUCER !:i\?i'll~CT Vaullarl Insurance Services r.ng,Ntfo, Exl): (888) 524-0798 I r.et Nol:(866) 206-8646 PO Box646 Roseville, CA 95678 ~~tJ~ss· certlficates@vaultariins.com INSURER!SI AFFORDING COVERAGE NAIC# INSURER A: Continental Casualtv Companv 20443 INSURED INSURER e: National Fire Insurance Comoanv of Hartford Willman Enterprises LLC INSURER c: Em Plovers Preferred Insurance Companv 11093 Sun Center Drive INSURER D: Travelers Casualtv Insurance Co of Amer 25658 Rancho Cordova, CA 95670 INSURER E: Palomar Excess and Surplus Insurance Company INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVvlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VI/ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ' TYPE OF INSURANCE ~8.P.\· m~~ POLICY NUMBER .~9LICY EFF ,,';8~6i~Vv1 LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -~ CLAIMS-MADE [K] OCCUR g~j~H9E~~?..ncel 1,000,000 X B6020067350 7/1/2023 7/1/2024 s MED EXP IAnv one oersonl s 10,000 >-~ PERSONAL & ADV INJURY s 2,000,000 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY□ ~r8i □ LOC PRODUCTS • COMP/OP AGG $ 4,000,000 OTHER: EPLI FIDUCIARY s 10,000 B ~TOMOBILE LIABILITY fE~~~~~~,f INGLE LIMIT $ 1,000,000 X ANY AUTO 6020067395 7/1/2023 7/1/2024 BODILY INJURY I Par <>Arson\ $ -OWNED ~ SCHEDULED -AUTOS ONLY ,--AUTOS BODILY INJURY IPer accidenll $ ~lffJ>soNLY ~Broi~Jr.~ r~OPEl;l1Y 11 ~AMAGE 5 -,--eracadenl $ A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE s 2,000,000 -B6020067431 7/1/2023 7/1/2024 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION $ 10,000 $ C WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N EIG463316403 7/1/2023 7/1/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ fl,l'.FICEM.11jM~ffl EXCLUDED? NIA 1,000,000 andatory n ) E.L. DISEASE -EA EMPLOYEE $ ~~si~r;.rr8N o1CJPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D E&O I Professional L 107741202 7/1/2023 7/1/2024 Agg/Occ 2,000,000 E Cyber Liability PLMCBSWDZE2F6M 11/7/2022 11/7/2023 Aggregate/Limit 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORO 101, Additional Renmks Schedule, may be attached If more space Is reaulred) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers wl I be named as Additional Insured with respects to General Liability per attached endorsement form number SB146932F. APPROVEOASTOFORM B!{: Cc/{ MICHAEL .E, GATEiS CITY ATTORNEY CITY OF MUNTINGTON 81'?.til"LI CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I ttvitt"'O(pr ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 308 5l I -;;;;; --- l5!iaii ~ . iii &ii!i!!il ........ S8146932G (Ed. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: I. II. BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS Blanket Additional Insured Provisions A. Additional Insured -Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary -Noncontributory provision 1.b. Definition of "written contract" 2. Additional Insured -Extended Coverage Liability Extension Coverages A. Bodily Injury -Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability -Damaae to Premises F. Personal and Advertising Injury -Discrimination or Humiliation G. Personal and Advertising Injury -Broadened Eviction H. Waiver of Subrogation -Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED -BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the e. f. g. substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to ms:1ke or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7 Copyright, CNA All Rights Reserved. 309 88146932G (Ed. 10-19) h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 8. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as granter of a franchise to you. SB146932G (10-19) Page 2 of 7 Copyright, CNA Alf Rights Resewed. 310 I I lii'iiiil -= a -. - • === liii!i!!i!!il = ........ d. Lessor of Equipment 88146932G (Ed. 10-19) Any person or organization from whom you lease equipment, but only with respect to liability for "bodily Injury," "property damage" or "personal and advertising Injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising Injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising Injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional Insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a ''written contract," we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. 88146932G (10-19) Page 3 of 7 Copyright, CNA All Rights Reserved. 311 L Trade Show Event Lessor S8146932G (Ed. 10-19) With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For 11bodily Injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A. and B. above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added: 'Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The "bodily injury" or "property damage;" or (b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of7 Copyright, CNA All Rights Reserved. 312 f)j I !!! I ....... = ~ b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; SB146932G (Ed. 10~19) d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily Injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a. through d. above; (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liabillty Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury -Expanded Definition Under Liability and Medical Expenses Definitions, the definition of "Bodily Injury" is deleted and replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. 8. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 88146932G (10-19) Page 5 of 7 Copyright, CNA All Rights Reserved. 313 D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: S8146932G (Ed. 10-19) The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability-Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" {other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D - Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB146932G {10-19) Page 6 of 7 Copyright, CNA All Rights Reserved. 314 I 88146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury-Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited Hability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment past employment or termination of employment of any person by any insured. (17) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury -Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation -Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. 88146932G (10-19) Page 7 of 7 Copyright, CNA All Rights Reseived. 315 PROFESSIONAL SERVICES AGREEMENT WITH WITTMAN ENTERPRISES, LLC. FOR EMERGENCY MEDICAL AND AMBULANCE BILLING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 10th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH , a California municipal corporation and charter city ("City"), and WITTMAN ENTERPRISES, LLC , a California limited liability company ("Contractor"), whose address is 11093 Sun Center Drive, Rancho Cordova, California 95670 , and is made with reference to the following : RECITALS A City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to provide emergency medical and ambulance billing services ("Project"). C. Contractor possesses the skill , experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. - NOW, THEREFORE , it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31 , 2027, unless terminated earlier as set forth herein . 2. SERVICES TO BE PERFORMED Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to 316 completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A , if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed . 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein , Contractor shall respond in the most expedient and appropriate manner under the circumstances , by hand-delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference . Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees , shall not exceed Nine Hundred Fifty Thousand Dollars and 00/100 ($950 ,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month . Contractor's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates , the date the Services were performed , the number of hours spent on all Work billed on an hourly basis , and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Wittman Enterprises, LLC Page 2 317 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5 .1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term . Contractor has designated Russ Harms to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Contractor is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Fire Department. City's Administrative Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule . 8. STANDARD OF CARE 8 .1 All of the Services shall be performed by Contractor or under Contractor's superv1 s1on . Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances . All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal , state and local laws , and legally recognized professional standards . Wittman Enterprises, LLC Page 3 318 8.2 Contractor represents and warrants to City that it has, shall obtain , and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents , acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council , boards and commissions , officers , agents , volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations , damages, actions , causes of action, suits, losses , judgments, fines , penalties, liabilities, costs and expenses (including , without limitation, attorneys' fees , disbursements and court costs) of every kind and nature whatsoever (individually, a Claim ; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement , any Work performed or Services provided under this Agreement including , without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless , and/or willful acts , errors and/or omissions of Contractor, its principals, officers , agents, employees, vendors, suppliers , contractors , subcontractors , anyone employed directly or indirectly by any of them or for whose acts they may be liable , or any or all of them). 9.2 Notwithstanding the foregoing , nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civ il service status or other right of employment shall accrue to Contractor or its employees . Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents , to be the agents or employees of City. Contractor Wittman Enterprises, LLC Page4 319 shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed . City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is respons ible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned , and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned , transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or co-tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation , partnership or joint-venture. Wittman Enterprises, LLC Page 5 320 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing i n this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred , contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan , document and other writing produced , including but not limited to, websites , biogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Additionally, all material posted in cyberspace by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor, and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes i n writing the release of information. Wittman Enterprises, LLC Page6 321 19. INTELLECTUAL PROPERTY INDEMNITY Contractor shall defend and indemnify City , its agents, officers, representati ves and employees against any and all liability, including costs , for infringement or alleged infringement of any United States ' letters patent, trademark, or copyright, including costs , contained in Contractor's Documents provided under this Agreement. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services , expenditures and disbursements charged to City, for a minimum period of three (3) years , or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable . Contractor shall allow a representative of City to examine, audit and make transcripts o r copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data , Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withho ld payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding . Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums . Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld . 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Contractor, the additional design, construction and/or restoration expense shall be borne by Contractor. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserve s the right to employ other Contractors in connection with the Project. Wittman Enterprises, LLC Page 7 322 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provI sIons of the California Political Reform Act of 1974 {the "Act") and/or Government Code§§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making , decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code§§ 1090 et seq., Contractor shall conform to all requirements therein . Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing , and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid , first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Administrative Manager Fire Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: 26. CLAIMS Attn: Russ Harms, Executive Director of Business Development Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, CA 95670 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall subm it to City, in writing , all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and Wittman Enterprises, LLC Page 8 323 identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27 .2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause , of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section , City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports , Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form . 28. STANDARD PROVISIONS 28.1 Recitals . City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws . Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal , state, county or municipal, whether now in force or hereinafter enacted. In addition , all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term , covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understand i ng of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Wittman Enterprises, LLC Page 9 324 28 .5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto , the terms of this Agreement shall govern. 28.6 Interpretation . The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28 .7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid , illegal , or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28 .9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California . 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race , religious creed , color, national origin , ancestry , physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees . In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees . 28 .12 Counterparts. This Agreement may be executed in two (2) or more counterparts , each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Wittman Enterprises, LLC Page 10 325 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 61'1/2o~ By~ s:. ~ Aaron C. Harp City Attorney ATTEST: Date: l .. }:2.-~ By~~ Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California muni · I corporation Date: ~ 2, CONTRACTOR: Wittman Enterprises, LLC , a California limited liability company Date: --------- Signed in Counterpart By: ____________ _ Corinne Wittman-Wong Chief Executive Officer Date: --------- Signed" in ·Counterpart By: ____________ _ Walter Imboden President and Chief Financial Officer [END OF SIGNATURES] Attachments: Exh ibit A -Scope of Services Exhibit B -Schedule of Billing Rates Exhibit C -Insurance Requirements Wittman Enterprises, LLC Page 11 326 IN WITNESS WHEREOF , the parties have caused this Agreement to be executed o n the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 6/6q.1t2 By:~~/ Aaron C. Harp City Attorney ATTEST: Date: ------- By: ____________ _ Leilan i I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: --------- By: ____________ _ Kevin Muldoon Mayor CONTRACTOR: Wittman Enterprises, LLC, a California limited liability company Date: --------- By: ,,,_,,."-<-4P~. Corinne Wittman-Wong Chief Executive Officer By: ~~ ~ Walter Imboden President and Chief Financial Officer [END OF SIGNATURES] Attachment s: Exhibit A -Scope of Services Exhibit B -Schedule of Billing Rates Exhibit C -Insurance Requirements Wittman Enterprises, LLC Page 11 327 EXHIBIT A WITTMAN ENTERPRISES, LLC SCOPE OF SERVICES 1) Contractor shall provide all functions of the billing process including preparing, invoicing , c ategorizing, recording , monitoring, supervising , and managing the emergency medical and ambulance transportation billing. The contract rate shall cover all costs of processing including postage, data mailers, telephone costs, etc. 2) The City will work cooperatively with the Contractor to collect signatures at the time of patient contact but the final responsibility to obtain patient signatures will rest with the Contractor. 3) Contractor shall provide excellent customer service to City of Newport Beach patients who hav e billing questions or problems, by providing a toll-free phone number and an email address, so individuals requiring assistance with invoices may contact the company directly. 4) Contractor shall provide customer service representative s that are available at a minimum from 8 :00 a .m . to 4:30 p .m., Pacific Time, Monday through Friday, excluding major holidays. Contractor shall provide a toll free 800 telephone number for billing inqui ries . Language translation service for other language needs of patients or their representatives shall be available. Contractor shall make outgoing contacts with City accounts identifying themselves as "Ambulance Billing Services for the City of Newport Beach Paramedic Services" and shall identify themselves when receiving incoming calls as "Ambulance Billing Services." Contractor shall provide the flexibility and customer support care needed for the City's accounts by providing an adequate number of personne l to respond in a timely manner. 5) Contractor shall provide a liaison to the City. This individual shall be a full-time employee of the Contractor, have an extensive knowledge of EMS billing practices, as well as an understanding of EMS industry standard practices, and decision- making authority for problem resolution . This liaison shall be avai lable during regular business hours and have an alternate contact available in his/her absence. The liaison shall provide overall management and coordination of the contract on the Contractor's behalf and have access to the needed technical assistance at all t i mes. 6) Contractor shall demonstrate the ability to evaluate individual ePCRs, with specific direction provided by City, which may be unpredictable and cannot be automated for routine handling due to the variance of information and patient care and needs. Wittman Enterprises, LLC Page A-1 328 7) Contractor shall research and follow up on all accounts with inadequate billing information to include: o Contact administration for missing and/or incomplete information in the ePCRs. o Contact receiving hospital for missing and/or incomplete billing information needed from the admitting/registration records. o Contact patient family members or emergency contacts for information . o Refer to zip code/street directions for incomplete/missing address information . o Make inquiries to the patient via mail , phone, or similar means. 8) Contractor shall aid City in program and fee studies by providing data, industry standards , revenue projections, etc. as requested by City. 9) Contractor shall aid and reporting for cost reimbursement programs including Ground Emergency Medical Transport (GEMT); Ground Emergency Medical Transport Quality Assurance Fee (GEMT QAF); Medi-Cal Rate Range Intergovernmental Transport (IGT); or other programs aimed at recovering service costs for the City. 10) Contractor shall be willing to provide support and assistance in pilot studies at the direction of the City. 11) Contractor shall recognize the City's paramedic subscription (membership) program and ensure that the Contractor's employees who speak with the City's patients are knowledgeable about the program . Contractor shall ensure that the billing process is handled appropriately for eligible members within the membership program policies. All memberships will be provided on a monthly basis and shall be verified in the Contractors' database. If a patient's eligibility is questioned, Contractor shall email the Fire Department for verification . If a patient becomes interested in obtaining a paramedic subscription membership, the Contractor will provide the patient with the appropriate City contact to apply for a subscription membership. 12) Contractor shall be responsible for mailing the City's Customer Satisfaction Survey , provided by the City, in the manner prescribed by the City. The survey contents may be modified at any time during the contract at the discretion of the City. Contractor shall provide information regarding the level of services that they are willing to provide in th is area . 13) Contractor shall provide all software and hardware associated with the billing and receivables process. Contractor shall be able to accurately transfer all necessary information from the City's Image Trend database, based on the information provided by the ePCR, and obtain any additional information needed that is not included in the ePCR, for proper and correct patient billing. Proposers shall work with the City and the City's ePCR vendor to identify data input gaps, errors , or other data needs, and describe a means of obtaining solutions to these problems . Wittman Enterprises, LLC Page A-2 329 Proposers shall provide a complete package describing billing and collections, follow-up , account posting , and accounts receivable recon c iliation , and reporting services . 14) Contractor shall maintain a secure file transfer protocol (FTP) platform to send and receive account data and information when necessary. Contractor shall maintain the FTP platform during the entire term of the contract and ensure any files are properly retrieved by City prior to closing the FTP site. 15) Contractor shall maintain updated and current technology that will continuously provide the highest level of reimbursement and customer service possible . 16) For all accounts assigned to the Contractor, all customer contact, including notices, mailing, itemizations , small claims , bankruptcy filings , and miscellaneous requests and inquiries , is the sole responsibility of the Contractor. Contractor will be fully responsible for maintaining accurate records of all correspondence including calls and emails, documents, accounting records , transactions , and other relative evidence for a period of seven (7) years. Contractor will also be solely responsible for any and all costs in curred in and associated with the accounts referred to them by the City. All records shall be made available to the City upon request. 17) Contractor shall maintain records that are in accordance with generally accepted accounting principles (GAAP). Contractor agrees that all account files are the property of the City and will relinquish them to the City at the termination of the contract. 18) Contractor shall provide electronic claims processing and filings whenever possible for the various claim types including Medicare, Medi-Cal, commercial insurances, workers' compensation , and private insurance . Contractor shall process filings and denials for all insuran ces according to defined timelines . Contractor shall provide information on its capabilities in these areas, particularly in relationship to paramedic and emergency ambulance billing . 19) Contractor shall provide the City with electronic access to the billing records . Contractor shall possess and demonstrate they have the necessary expertise , experience, and qualifications to provide these types of services. The City w ishes to create efficiencies and make improvements wherever possible, and take advantage of new technologies. 20) The software and hardware of the billing system shall ensure complete and uninterrupted back-up with a data recovery system should a disaster occur. Contractor shall provide information on its data recovery plan. 21) Contractor shall provide the detailed steps that will be taken once an ePCR is received from the City, including the number of contacts and procedures for correct invoicing and to secure payment for the service. This shall include research methods of patients ' ability to pay, and efforts to locate and correct any incorrect W ittman Enterprises, LLC Page A-3 330 or incomplete information. Contractor to provide time frames for completing each step in the process. The following represents the City's current billing schedule: 1) Initial Invoice: 2) Statement: 3) Past Due Statement: 4) Final Demand: 5) Delinquent Claim: 6) Receipts Processing: Three (3) business days of receipt of an ePCR 30 days of receipt of ePCR 20 days 10 days 45 days; by telephone One (1) business day of receipt 22) Contractor shall be responsible for obtaining demographic and insurance i nformation from receiving hospitals. Contractor shall detail the process for obtaining and electronically securing this information. 23) Contractor shall describe their audit process. Contractor shall be responsible for ensuring that records are not missing , minimum content criteria is present, fee schedules are accurate and applied correctly, billing codes are appropriate, and itemized charges are captured . 24) Contractor shall provide all monthly finance, billing , receivables , and aging reports including but not limited to monthly ticket survey, daily cash receipts journal, monthly receivables aging report by payor mix, monthly status of all accounts by payor mix, revenue report by payor mix, charge summary by type of service provided and general supply category used. Contractor shall also provide a monthly summary of Customer Satisfaction Survey results . Reports may be modified periodically on specific issues or needs that arise, and new reports not specifically identified in this RFQ may be requested that would be useful to the City, such as revenue trend analysis or revenue forecasting. Contractor to provide sample copies of these types of reports the City could expect to receive. 25) Contractor shall provide a monthly reconciliation of the data received from the NBFD ePCRs with the amount billed to customers, explaining differences, if any. Required information on the Contractor's deposit report and monthly reports includes the incident number, date of service, invoice number, insurance information, amount billed, total payments received , and balance. 26) Contractor shall provide quarterly analysis identifying at a minimum the percent of collections, timelines from billing to receiving payment, number and types of complaints and other data deemed necessary for business planning and future analysis. 27) Contractor shall process requests for refunds and/or hardships and associated back-up documentation per the City's policy. Upon receiving requests and necessary documents, Contract shall forward to the City in a timely manner for City's review and action . Contractor shall then implement City's approved action of payment plans, fee reductions, and/or fee waivers. Wittman Enterprises, LLC Page A-4 331 28) Contractor shall provide a monthly invoice to the City that clearly notes the date range of service and reflects the gross collections, refunds, net collections, and the Contractor's fee for the service period. 29) Contractor shall provide user access to its system wherein the City can run weekly, detail and summary financial reports in Excel or similar format. The reports shall contain, at a minimum, the following information: amount billed , amount collected, amount refunded, amount sent to collection, and amount written .off. If such access is not possible, then the Contractor shall deliver reports containing the specified information to the City on an as needed basis. 30) Contractor shall have the ability to handle third party payor submission inquiries regarding insurance claims. 31) Contractor shall have the ability to cross reference patient files in various methods (i.e., last name, social security number, service or residence address, date of birth, date of service, etc.). 32) Contractor shall forward all unresolved complaints and billing disputes to the City for review and determination . Contractor shall adhere to the City's policy for handling account hardship issues, liens, and attorney settlement requests , including but not limited to minimal monthly payment plans, credit card transactions, write-downs, and write-offs. 33) Contractor shall provide its procedures in handling delinquent accounts before referring the accounts to the City for bad debt collection. Contractor shall provide a weekly report of all recommended accounts, with detailed notes on the servicing of each account. Contractor shall reconcile any account upon the City's request and prior to that month's closing . Contractor shall reconcile accounts from the bad debt collection agency upon the City's request. 34) Contractor shall be able to electronically transmit del inquent accounts to the City's debt collection agency, currently Professional Credit Services . 35) Contractor shall send a lien to an attorney that may be handling a personal injury case for a patient. The Contractor shall have a process to follow up on the status of these lien accounts. The Contractor shall also immediately notify the City via email whenever it is made aware that there is possible legal action being taken against the City of Newport Beach and/or the Newport Beach Fire Department and/or any of its employees acting in the scope of their employment. 36) Contractor shall not assign or subcontract any portion of this agreement or transfer, assign or outsource any claim, pursuant to this contract, without the written consent of the City. Contractor shall not enter into any third-party agreements with clearinghouses, insurance companies or any other arrangement that results in a reduction of reimbursement without the written approval of the City. Wittman Enterprises, LLC Page A -5 332 37) The City reserves the right to terminate the contract at any time by providing a thirty-day written notice for convenience or cause. In the event of contract termination or the bankruptcy/dissolution of the Contractor, all accounts and documentation relating to City accounts shall be returned to the City, regardless of status or payment arrangements made with consumers. 38) Contractor shall exercise its best ethical, prudent, lawful, and professional efforts to secure payments on all accounts referred by the City. Collection activities shall comply with all federal , state, and local laws, including but not limited to the Federal Fair Debt Collection Practices Act. 39) Contractor shall meet with City staff upon execution of contract to discuss goals of the relationship , the services to be provided, and other topics relev ant to the billing process. Contractor shall meet with City staff on an annual basis (or as needed if issues arise) to discuss all services and how the Contractor and City can work together to further collections . 40) Contractor will provide updates to the City on changes in federal and state laws and regulations and shall liaise with State and Federal agencies on behalf of t he City. 41) Contractor shall have the ability to effect collections in all 50 states. Contractor shall explain their experience with California insurance laws, agencies and w ith vario us health insurance carriers and health maintenance organizations (HMOs). Contractor will remain current in insurance regulations and inform the City if its c urrent p ractices need to be modified to adhere to maximize reimbursement. 42) Contractor will process all customer payments in accordance with applicable Payment Card Industry (PCI) security requirements. 43) Contractor shall guarantee the confidentiality, security and safety of all files, documents and information provided by the City, except as to disclosure required by federal and state laws and regulations. Contract will comply with all federal, state, and local statutes and regulations regarding protected health information , including the Health Insurance and Portability and Accountability Act of 1996 (H 1PM), and shall enter into a HIPAA Business Associate Agreement with the C ity if selected . Contractor shall maintain HIPAA compliant throughout the term of the contract. 44) Contractor shall comply with all federal and state regulations and applicable State Medi-Cal regulations regarding claim submittal and processing in its entirety. Contractor will remain current in the regulations and inform the City if its current practices need to be modified to adhere to all regulatory matters. Wittman Enterprises, LLC Page A-6 333 EXHIBIT B SCHEDULE OF BILLING RATES Emergency Medical and 3.99% of net collections Year1 Ambulance Billing and 4.25% of net collections Years 2-3 Collection Services 4 .50% of net collections Years 4-5 Wittman Enterprises, LLC Page 8-1 334 EXHIBIT C INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements , Contractor agrees to amend, supplement or endorse the existing coverage. 2 . Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A-(or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1 ,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California , Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B . General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance , with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C . Automobile Liability Insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired , non-owned or rented vehicles, in an amount not less than one million dollars ($1 ,000 ,000) combined single limit each accident. W ittman Enterprises, LLC Page C-1 335 4. D. Professional Liability (Errors & Omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1 ,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. Other Insurance Requirements . The policies are to contain , or be endorsed to contain , the following provisions: A Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents , volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required , but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers , agents , volunteers and employees shall be included as insureds under such policies. C . Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D . Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following : A Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein , along with a waiver of subrogation endorsement for workers ' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Wittman Enterprises, LLC Page C-2 336 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced , Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage , file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies . City reserves the right to require complete, certified copies of all required insurance policies , at any time . B . City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation . C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors . For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D . Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage , limits or other requirements , or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage , or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions . Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated , lowered, or replaced by a deduct ible. Self- Wittman Enterprises, LLC Page C-3 337 insurance will not be considered to comply with these requirements unless approved by City. G . City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided . Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Contractor's Insurance. Contractor shall also procure and maintain , at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Wittman Enterprises, LLC Page C-4 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-949 MEETING DATE:11/7/2023 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, Fire Division Chief Bonnie To, Principal Management Analyst Subject: Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; authorize designated City staff to execute the agreement; and , approve an appropriation of $2,282,450 for the agreement during FY 23/24 Statement of Issue: City Council is requested to approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach to participate in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT) to help recover unreimbursed City costs for service to CalOptima patients. City Council is also requested to designate and authorize the City Manager, Chief Financial Officer, and/or Fire Chief to sign the agreement to obtain funding as stated in the agreement between DHCS and City of Huntington Beach and approve an appropriation of $2,282,450 to execute the agreement. Financial Impact: A new appropriation of $2,282,450 to business unit 10065403 is requested pursuant to Exhibit 1 of the attached agreement. Sufficient funding is available for this request from the planned FY 2023/24 year-end General Fund surplus. With this agreement and Huntington Beach’s payment of $2,282,450, it is anticipated that an estimated $5,525,810 in funds will be distributed to Huntington Beach, resulting in a net revenue of approximately $3,243,360 for additional reimbursement of Medi-Cal Managed Care services that were incurred and unreimbursed for the service period of January 1, 2022 through December 31, 2022. Recommended Action: City of Huntington Beach Printed on 11/1/2023Page 1 of 4 powered by Legistar™338 File #:23-949 MEETING DATE:11/7/2023 A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; and B) Authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement; and C) Approve an appropriation of $2,282,450 to business unit 10065403 as required by the agreement. Alternative Action(s): Do not approve the recommended action(s), and direct staff accordingly. Analysis: Background In March of 2023, the Fire Department and Finance Department reached out to CalOptima to inquire about our potential participation in their Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT) to help recover unreimbursed City costs for service to CalOptima patients. During FY 22/23, the City was notified of eligibility to participate in the VRRP IGT . Per the CalOptima Health Board of Directors Regular Meeting Minutes, dated September 7, 2023: The Voluntary Rate Range IGT program allows DHCS and CalOptima Health to secure additional Medi-Cal dollars for eligible Orange County entities. For each IGT transaction, DHCS identifies the estimated member months for rate categories (e.g., adult, adult optional expansion, child, long term care, seniors and persons with disabilities, and whole child model) and provides the total amount available for Orange County to contribute through funding entities. To receive funds, entities provide a dollar amount to DHCS, which is then used to obtain a federal match. DHCS distributes the funds and the match to the eligible entities through CalOptima Health. To date, CalOptima Health has participated in eleven Voluntary Rate Range IGT transactions. The City’s ongoing participation in the program is dependent on available federal funding for the program and the City’s ability to provide the upfront contribution required. The contribution and net revenue received annually by the City is also dependent on other factors, such as the number of program participants in the County and number of Medi-Cal calls for service. The City of Newport Beach and the City of Orange have participated in the VRRP IGT for over five years and have received net revenue. Other entities eligible for this year’s VRRP IGT through CalOptima include: First 5 Orange County, Orange County Health Care Agency, and UCI Health. Recommended Action: If City Council approves the recommended actions, the agreement with DHCS would require an upfront payment of $2,282,450. Once paid, an estimated $5,525,810 will be disbursed to Huntington Beach within approximately 60 days through CalOptima, for a net revenue of approximately $3,243,360. The 60-day time estimate is based on the actual transfer dates of last year’s VRRP IGT. The required upfront payment and subsequent disbursement from CalOptima are calculated below City of Huntington Beach Printed on 11/1/2023Page 2 of 4 powered by Legistar™339 File #:23-949 MEETING DATE:11/7/2023 and are based on Medi-Cal managed care services provided by the City during the January 1, 2022 - December 31, 2022 period: $1,902,041 Estimated Contribution (Non-Federal Share) that Huntington Beach Pays +$ 380,409 20% DHCS Fee that Huntington Beach Pays $2,282,450 Total Amount that Huntington Beach Pays (New Appropriations Request) $5,525,810 Estimated Disbursement to Huntington Beach after CalOptima’s 2% Share -$2,282,450 Total Amount that Huntington Beach Pays $3,243,360 Estimated Net Revenue that Huntington Beach Receives (98% Share) The agreement was emailed to Huntington Beach on October 16, 2023 and is required to be executed on or before November 24, 2023 per DHCS. The upfront payment of $2,282,450 from Huntington Beach to DHCS is due by February 16, 2024. The amount the City initially transfers shall be calculated using the Estimated Member Months (refer to Exhibit 1 in IGT Agreement Regarding Transfer of Public Funds with DHCS), which will be reconciled to actual enrollment for the service period of January 1, 2022 through December 31, 2022 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated figures are made available. If, after the enrollment reconciliation, there is an increase to the amount needed to fund the nonfederal share, the City will be required to transfer additional funds to cover the difference. If, after the reenrollment reconciliation there is a decrease to the amount needed to fund the nonfederal share, the City can choose to receive the additional funds from DHCS. If mutually agreed upon by DHCS and the City, amounts due to or owed by City may be offset against future transfers. Actual enrollment figures for this IGT capitation rate period will be considered final two years after December 31, 2022. In addition, the City of Huntington Beach would need to sign a separate agreement with CalOptima regarding the payment of the estimated $5,525,810 from CalOptima to Huntington Beach (CalOptima agreement). CalOptima did not send their finalized CalOptima agreement to the City by the time this staff report was issued; therefore, staff will bring back a future Request for Council Action agenda item within FY 2023/24 to receive the $5,525,810. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. City of Huntington Beach Printed on 11/1/2023Page 3 of 4 powered by Legistar™340 File #:23-949 MEETING DATE:11/7/2023 Attachment(s): 1. Agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach 2. CalOptima Health Board of Directors Regular Meeting Minutes dated 09/07/2023 3. VRRP IGT PowerPoint City of Huntington Beach Printed on 11/1/2023Page 4 of 4 powered by Legistar™341 342 CONTRACT# IGT-22-0007 INTERGOVERNMENTAL AGREEMENT REGARDING TRANSFER OF PUBLIC FUNDS This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ("DHCS") and CITY OF HUNTINGTON BEACH ("GOVERNMENTAL FUNDING ENTITY") with respect to the matters set forth below. The parties agree as follows: AGREEMENT 1. Transfer of Public Funds 1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code. The amount transferred shall be based on the sum of the applicable rate category per member per month ("PMPM") contribution increments multiplied by member months, as reflected in Exhibit 1. The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual emollment for the service period of January 1, 2022, through December 31, 2022 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in Sub- Section 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS. 1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- Template Version -10/2023 1 343 CONTRACT# IGT-22-0007 related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. 1.3 DHCS shall reconcile the "Estimated Member Months," in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of January 1, 2022, through December 31, 2022 using actual enrollment figures taken from DHCS records. Emollment reconciliation will occur on an ongoing basis as updated enrollment figures become available. Actual emollment figures will be considered final two years after December 31, 2022. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. IfDHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers. 2. Acceptance and Use of Transferred Funds 2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENT AL FUNDING ENTITY pursuant to this Agreement as Intergovernmental Transfer (IGTs), to use for the purpose set forth in Sub-Section 2.2. 2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share 2 Template Version -10/2023 344 CONTRACT# IGT-22-0007 of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)' capitation rates for the service period of January 1, 2022, through December 31, 2022, in accordance with section 14301.4 of the Welfare and Institutions Code. 2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law. 2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services. 2.5 DHCS shall not direct HEALTH PLAN(S)' expenditure of the payments received pursuant to Sub-Section 2.2. 3. Assessment Fee 3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement. 3 .2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt ;n accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a Template Version -10/2023 3 345 CONTRACT# IGT-22-0007 20 percent fee. DHCS has determined that$ 0.00 of the transfer amounts, as shown in the table below, will not be assessed a 20 percent fee, subject to Sub-Section 3.3. 3.3 The 20-percent assessment fee pursuant to this Agreement is non- refundable and shall be wired to DHCS simultaneously with the transfer amounts made under Section 1 of this Agreement. If at the time of the reconciliation performed pursuant to Sub- Section 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3 .1, then a proportional adjustment to the assessment fee will be made. 4. Amendments 4.1 No amendment or modification to this Agreement shall be binding on either patty unless made in writing and executed by both parties. 4.2 The patties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement. 5. Notices. Any and all notices required, permitted, or desired to be given hereunder by one patty to the other shall either be sent via secure email or submitted in writing to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address as set forth below: To the GOVERNMENT AL FUNDING ENTITY: Scott M. Haberle, Fire Chief 2000 Main Street Huntington Beach, CA 92648 (714) 536-5401 scott.haberle@surfcity-hb.org Template Version -10/2023 4 346 CONTRACT# IGT-22-0007 With copies to: To DHCS: Vivian Beeck California Department of Health Care Services Capitated Rates Development Division 1501 Capitol Ave., MS 4413 Sacramento, CA 95814 Vivian.Beeck@dhcs.ca.gov Any required signature(s) on any documents must be in compliance with California Government Code section 16.5 and any other applicable state or federal regulations. 6. Other Provisions 6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the Medi- Cal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties. 6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement. Template Version -10/2023 5 347 CONTRACT# IGT-22-0007 6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement. 6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement. 6.5 Time is of the essence in this Agreement. 6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. 7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS' powers, authorities, and duties under Federal and State law and regulations. 8. Approval. This Agreement is of no force and effect until signed by the parties. 9. Term. This Agreement shall be effective as of January 1, 2022, and shall expire as of June 30, 2025 unless terminated earlier by mutual agreement of the parties. SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below. CITY OF HUNTINGTON BEACH: By: Date: (Funding Entity Signer) 6 Template Version -10/2023 348 CONTRACT# IGT-22-0007 THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES: By: Date: David Bishop, Acting Division Chief, Capitated Rates Development Division 7 Template Version -10/2023 349 CONTRACT# IGT-22-0007 Exhibit 1 Health Plan Funding Entity County Service Period Participation% CalOptima City of Huntington Beach Orange 1/2022 -12/2022 3.81% Contribution Estimated Member Estimated Category of Aid SIS/UIS Contribution (Non- PMPM Months* Federal Share) Child SIS $ 0.10 3,520,004 $ 352,000 Child UIS $ 0.16 106,221 $ 16,995 - Adult SIS $ 0.22 1,312,319 $ 288,710 Adult UIS $ 0.84 195,134 $ 163,913 ACA Optiona l Expansion SIS $ 0.05 3,556,781 $ 177,839 ACA Optional Expansion UIS $ 0 .67 294,319 $ 197,194 SPD SIS $ 0.60 435,057 $ 261,034 SPD UIS $ 1.87 60,061 $ 112,314 SPD/Full-Dual SIS $ 0.19 75,272 $ 14,302 SPD/Full-Dual UIS $ 0.51 483 $ 246 LTC (non-dual) SIS $ 5.85 11,376 $ 66,550 LTC (non-dual) UIS $ 12.21 2,916 $ 35,604 LTC/Full-Dual SIS $ --$ - LTC/Full-Dual UIS $ 7.30 87 $ 635 Whole Child Model SIS $ 1.48 137,953 $ 204,170 Whole Child Model UIS $ 2.92 3,608 $ 10,535 Est. FE Total 9,711,591 $ 1,902,041 * Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non-Federal Share) may differ from the amount listed here. * FMAP is a weighted blend of multiple FMAPs. 8 Template Version -10/2023 MINUTES REGULAR MEETING OF THE CALOPTIMA HEALTH BOARD OF DIRECTORS September 7, 2023 A Regular Meeting of the CalOptima Health Board of Directors (Board) was held on September 7, 2023, at CalOptima Health, 505 City Parkway West, Orange, California. The meeting was held in person and via Zoom webinar as allowed for under Assembly Bill (AB) 2449, which took effect after Governor Newsom ended the COVID-19 state of emergency on February 28, 2023. The meeting recording is available on CalOptima Health’s website under Past Meeting Materials. Chair Corwin called the meeting to order at 1:58 p.m., and Director Jose Mayorga, M.D., led the Pledge of Allegiance. ROLL CALL Members Present: Clayton Corwin, Chair; Blair Contratto, Vice Chair; Debra Baetz (non-voting); Isabel Becerra; Supervisor Doug Chaffee; Norma García Guillén; Jose Mayorga, M.D.; Supervisor Vicente Sarmiento (at 2:05 p.m.); Trieu Tran, M.D. (All Board members in attendance participated in person) Members Absent: None. Others Present: Michael Hunn, Chief Executive Officer; Yunkyung Kim, Chief Operating Officer; James Novello, Outside General Counsel, Kennaday Leavitt; Nancy Huang, Chief Financial Officer; Richard Pitts, D.O., Ph.D., Chief Medical Officer; Sharon Dwiers, Clerk of the Board PRESENTATIONS/INTRODUCTIONS None. The Clerk noted for the record that staff is recommending that the Board hear Agenda Item 3 prior to hearing Agenda Item 2. Chair Corwin announced that the Board will hear Agenda Item 20 after Closed Session. MANAGEMENT REPORTS 1. Chief Executive Officer Report Michael Hunn, Chief Executive Officer (CEO), presented his report and started by providing an update on Medi-Cal redetermination efforts. Mr. Hunn thanked Director Bates, who is also the Interim Director at the Orange County Health Care Agency, and An Tran, Director of the Social Services Agency (SSA), for their collaboration regarding Medi-Cal redetermination. He noted that, starting in January 2024, individuals regardless of age that are undocumented will now be eligible for full scope Medi-Cal benefits. Mr. Hunn also noted that the requirement to disclose ownership in housing drops off in January and is no longer an impediment to anyone who may have been ineligible as a result of real estate holdings. Mr. Hunn and Yunkyung Kim, Chief Operating Officer, responded to Board member questions regarding redetermination efforts. Supervisor Chaffee thanked staff at CalOptima Health and county staff for continuing to educate him on 350 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 2 membership qualifications and benefits. Supervisor Chaffee also mentioned that CalOptima Health has a presentation coming up in Fullerton and noted that since that city is in the Fourth District, to please include him in those presentations, and he can reinforce the message. Supervisor Chaffee also noted that Supervisor Sarmiento would appreciate the same when CalOptima Health gives presentations to cities in the Second District. Mr. Hunn reviewed the Fast Facts data, noting that currently CalOptima Health serves 979,618 individuals. CalOptima Health spends 87.9% of every dollar on medical care, and 4.6% is the overhead cost to administer the program. CalOptima Health’s Board-designated reserves are $579.0 million; its capital assets are $83.9 million; its resources committed by the Board are $650.4 million; and its unallocated and unassigned resources are $397.0 million. Mr. Hunn noted that CalOptima Health’s total net assets are currently $1.7 billion. Mr. Hunn also reviewed the CalOptima Health personnel data and noted that there are over 1,500 employees with a vacancy/turnover rate of about 5.96% as of the August 12, 2023, pay period. CalOptima Health’s vacancy/turnover target is to be at less than 12.5% to 15% at any given time. Mr. Hunn reviewed the provider data, noting that CalOptima Health has over 9,943 providers, 1,292 primary care providers, and 8,651 specialists; 560 pharmacies; 43 acute and rehab hospitals; 52 community health centers; and 104 long term care facilities. Mr. Hunn reviewed CalOptima Health’s treatment authorizations, noting that this data is as of June 30, 2023. For urgent inpatient treatment authorizations, the average approval is within 18.68 hours; the state- mandated response is 72 hours. For urgent prior authorizations, the average approval is within 17.24 hours; the state-mandated response is 72 hours. And for routine prior authorizations, the average approval is 1.84 days; the state-mandated response is 5 days. Mr. Hunn updated the Board on several other topics which included: Street Medicine Program success, the media event on August 15 at which Representatives Lou Correa and Young Kim awarded $2 million to support the CalOptima Health Traffic Control Command Center that will be located on the third floor of the 500 Building, and the first report on CalAIM services. Mr. Hunn also updated the Board and members of the public on another funding opportunity related to the Nonprofit Healthcare Academy, which is part of the Housing and Homelessness Incentive Program. Mr. Hunn announced that CalOptima Health is excited to welcome three new medical directors who recently joined CalOptima Health: Natalie Do, Pharm.D., D.O. as Medical Director of Behavioral Health; Robin Hatam, D.O., Medical Director of Chronic and End-Stage Kidney Disease; and Claus Hecht, M.D., Medical Director of Street Medicine. 3. CalAIM Workforce Development Program Results Kelly Bruno-Nelson, Executive Director, Medi-Cal and CalAIM, introduced Mark Loranger, Chief Executive Officer, Chrysalis, to share some of the innovative ways that CalOptima Health’s CalAIM initiatives are assisting in workforce development. Mr. Loranger provided background on Chrysalis and how funding through CalOptima Health’s CalAIM initiative in workforce development is making a difference in the lives of members experiencing homelessness in Orange County. Mr. Loranger explained that Chrysalis is a workforce development 351 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 3 agency that is focused on getting people back to work. The people that Chrysalis serves, are ready, willing and able to go back to work, but they may not know quite how to do it because some of the barriers they faced in life. They may have been housing insecure; they may have had interactions with the criminal justice system or other recovery issues. That is where Chrysalis comes in and helps address those barriers. Through its five offices in Southern California, including in Anaheim and Orange, in Orange County, Chrysalis takes a trauma informed case management approach to make sure each of its clients is treated with respect, with dignity, and are able to achieve their own career goals. They map what they want to lay out for their life. Mr. Loranger added that most would agree that a job is much more than a paycheck. It means dignity, it means respect, and it means being able to reconnect with family and with the community. Mr. Loranger shared a video of Chrysalis workers at a Fullerton recuperative care and short term and emergency shelter run by the Illumination Foundation. 2. Update on Board Designated Reserve Levels Nancy Huang, Chief Financial Officer provided an update on the Board-designated reserve analysis. Ms. Huang briefly reviewed the federal debt ceiling legislation, the Fiscal Year 2023-24 state budget, and the new 2024 Department of Health Care Services (DHCS) managed care contract requirements with the Board. Ms. Huang noted that CalOptima Health is not proposing any change in the Board-designated reserves policy as it aligns with 2024 DHCS managed care contract requirements. PUBLIC COMMENTS 1. Dr. Pooja Bhalla, Illumination Foundation: Oral re: Thanking CalOptima Health for support of unhoused members. 2. Dr. Clark Lew, Illumination Foundation: Oral re: Thanking CalOptima Health and the importance of work being done in support of unhoused members. 3. Whitney Ayers, Hospital Association of Southern California: Oral re: Letter to the CalOptima Health Board of Directors and working together with the Orange County hospitals. 4. Shamiesha Ebhotemen, HERstory, Inc.: Oral re: Agenda Item 17 Approve Actions Related to Provision of Doula Services as a Covered Medi-Cal Benefit CONSENT CALENDAR 4. Minutes a. Approve Minutes of the August 3, 2023 Regular Meeting of the CalOptima Health Board of Directors and the Minutes of the June 29, 2023 Special Meeting of the CalOptima Health Board of Directors 5. Approve Modifications to CalOptima Health Policy GA.3202: CalOptima Health Signature Authority 6. Approve New CalOptima Health Policy GG.1630: Reporting Communicable Diseases 7. Authorize and Direct Execution of a new “Companion Contract” with the California Department of Health Care Services for the CalOptima Health Program of All-Inclusive Care for the Elderly 8. Appointment to the CalOptima Health Board of Directors’ Member Advisory Committee 9. Receive and File: 352 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 4 a. July 2023 Financial Summaries b. Compliance Report c. Federal and State Legislative Advocates Reports d. CalOptima Community Outreach and Program Summary Action: On motion of Supervisor Sarmiento, seconded and carried, the Board of Directors approved the Consent Calendar Agenda Items 4 through 9, as presented. (Motion carried 8-0-0) REPORTS/DISCUSSION ITEMS 10. Election of Officers of the Board of Directors for Fiscal Year 2023-24 James Novello, Outside General Counsel, Kennaday Leavitt, provided an update, noting that he has compiled a significant amount of data around public agencies in Orange County and how they conduct their elections, including the Board of Supervisors, and also looked at other similarly situated public agencies that provide medical benefits around the state on practices of other public agencies as it relates to election of officers and other Board governance items. Mr. Novello added his first recommendation would be to form an Ad Hoc around corporate governance where the Board can vet the information and decide how it wants to move forward not only with the election process but with other corporate governance matters that are in front of this Board. After considerable discussion, the Board took the following action: Action: On motion of Chair Corwin, seconded and carried, the Board of Directors extended the Terms of the Current Chair and Vice Chair of the Board of Directors (Board) until the November 2, 2023 Board Meeting. (Motion carried; 5-2-1; Chair Corwin; Vice Chair Contratto; Directors Becerra, Mayorga and Tran voting yes; Supervisors Chaffee and Sarmiento voting no and Director García Guillén abstained) 11. Approve Modifications to CalOptima Health Board-Designated Reserve Funds Policy Ms. Huang briefly introduced this item. Action: On motion of Vice Chair Contratto, seconded and carried, the Board of Directors approved modifications to CalOptima Health Policy GA.3001: Board-Designated Reserve Funds. (Motion carried; 8-0-0) 12. Approve Modifications to CalOptima Health Office of Compliance Policy HH.3012: Non- Retaliation for Reporting Violations Action: On motion of Supervisor Sarmiento, seconded and carried, the Board of Directors approved updated Office of Compliance Policy HH.3012: Non- Retaliation for Reporting Violations. (Motion carried; 8-0-0) 13. Approve Contract for State and Local Advocacy Services Supervisor Sarmiento requested that staff provide additional details going forward with items that go out to bid, such as scoring sheets, which would be helpful to understand the decisions to move one vendor forward even though that vendor is a more expensive firm. 353 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 5 Action: On motion of Supervisor Sarmiento, seconded and carried, the Board of Directors authorized the Chief Executive Officer to execute a contract with Strategies 360, Inc. (Strategies 360) for state and local advocacy services, effective October 1, 2023, through October 31, 2026. (Motion carried; 8-0-0) 14. Ratify the Temporary, Short-Term Supplemental Medi-Cal Payment Increase for Contracted Fee-for-Service Physicians, Except Physicians Employed by UCI Health or the University of California, Irvine, to Support Expenses for Services Provided to Members during the Transition out of the Public Health Emergency Director Garica Guillen did not participate in this item due to potential conflicts of interest. Supervisor Sarmiento did not participate in this item in an abundance of caution due to possible campaign contributions under the Levine Act. Director Tran did not participate in this item due to his role as a Physician Specialist. Action: On motion of Director Mayorga, seconded and carried, the Board of Directors: 1.) Ratified a temporary, short-term supplemental Medi-Cal rate increases of up to 7.5% for contracted fee-for-service physicians, except physicians employed by UCI Health or the University of California, Irvine, for the period of July 1, 2023, through August 31, 2024; 2.) Ratified contract amendments and policies and procedures that implement these temporary, short-term public health emergency transition supplemental Medi-Cal rate increases; and 3.) Ratified unbudgeted expenditures from existing reserves in an amount up to $10.2 million to support the public health emergency transition supplemental payment program for all contracted fee-for-service physicians. (Motion carried; 5-0-0; Director García Guillén; Supervisor Sarmiento; and Director Tran recused) 15. Ratify a Temporary, Short-Term Supplemental Medi-Cal Payment Increase for Contracted Fee-for- Service Physicians Employed by UCI Health or the University of California, Irvine to Support Expenses for Services Provided to Members during the Transition out of the Public Health Emergency Director Garica Guillen did not participate in this item due to potential conflicts of interest. Director Mayorga did not participate in this item due to his role as Executive Director at UC Irvine Health. Supervisor Sarmiento did not participate in this item in an abundance of caution due to possible campaign contributions under the Levine Act. Action: On motion of Vice Chair Contratto, seconded and carried, the Board of Directors: 1.) Ratified the temporary, short-term supplemental Medi-Cal rate increases of up to 7.5% for contracted fee-for-service physicians employed by UCI Health or the University of California, Irvine for the period of July 1, 2023, through August 31, 2024; and 2.) Ratified contract amendments and policies and procedures to implement these temporary, short-term public health emergency transition supplemental Medi-Cal rate increases. (Motion carried; 5-0-0; Director García Guillén; Director Mayorga; and Supervisor Sarmiento recused) 16. Authorize Pursuit of Proposals with Qualifying Funding Partners to Secure Medi-Cal Funds 354 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 6 Through the Voluntary Rate Range Intergovernmental Transfer Program for Calendar Year 2022 Director Mayorga did not participate in this item due to his role as Executive Director at UC Irvine Health and Supervisor Sarmiento did not participate in this item in an abundance of caution as the County of Orange is one of the funding partners. Action: On motion of Vice Chair Contratto, seconded and carried, the Board of Directors authorized the following activities to secure Medi-Cal funds through the Voluntary Rate Range Intergovernmental Transfer (IGT) for Calendar Year 2022 (IGT 12): 1.) Submission of a proposal to the California Department of Health Care Services (DHCS) to participate in IGT 12; 2.) Pursuit of funding partnerships with the University of California-Irvine, First 5 Orange County (Children & Families Commission), the County of Orange, the City of Orange, the City of Newport Beach, and the City of Huntington Beach to participate IGT 12; and 3.) Authorized the Chief Executive Officer to execute agreements with these entities and their designated providers (as necessary) to seek IGT 12 funds. (Motion carried 6-0-0; Director Mayorga recused, and Supervisor Sarmiento abstained) 17. Approve Actions Related to Provision of Doula Services as a Covered Medi-Cal Benefit After hearing public comment on this item, the Board took the following action: Action: On motion of Supervisor Chaffee, seconded and carried, the Board of Directors: 1.) Authorized implementation of new Medi-Cal Ancillary Services Contract template for doula services, effective September 1, 2023; and 2.) Authorized reimbursement for doula services at 100% of the CalOptima Health Medi-Cal Fee Schedule. (Motion carried 8-0-0) 18. Authorize Employee and Retiree Group Health Insurance and Wellness Benefits for Calendar Year 2024 Action: On motion of Supervisor Sarmiento, seconded and carried, the Board of Directors: 1.) Authorized the Chief Executive Officer to enter into contracts and/or amendments to existing contracts, as necessary, to continue to provide group health insurance, including medical, dental, and vision, for CalOptima Health employees and eligible retirees (and their dependents); basic life, accidental death and dismemberment (ADD), short-term disability (STD) and long-term disability (LTD) insurance; an employee assistance program; and flexible spending accounts (FSA) for Calendar Year (CY) 2024 in an amount not to exceed $32.0 million, which includes the following recommended program updates with estimated cost changes: a.) The renewal of the current Blue Shield of California Health Maintenance Organization (HMO) plans, Preferred Provider Organization (PPO) plan, PPO Savings High Deductible Health Plan (HDHP), Blue Shield of California Dental HMO and PPO plans, Kaiser Permanente (Kaiser) HMO, Kaiser Senior Advantage, AmWins Retiree Medicare Supplement Plan, VSP vision, New York Life Basic Life/ADD, STD, LTD, Aetna Resources for Living Employee Assistance 355 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 7 Rev. 9/22/23 Program (EAP), and Wex Flexible Spending Account (FSA) plans and COBRA administration with no changes in plan designs; b.) An increase in employer contributions for active and retiree medical plans of 7.9% or $2,159,825 from CY 2023 due to an overall rise in premium rates. The total employer contribution for CY 2024 is $24,519,676. The total employee contribution will remain unchanged from CY 2023; c.) An increase in employer contributions of 28.0% or $73,150 from CY 2023 to fund the Health Savings Accounts (HSA) for employees anticipated to enroll in the Blue Shield PPO Savings HDHP. The total employer contribution for CY 2024 is $334,400; d.) The elimination of the spousal surcharge imposed on employees who cover a spouse who has access to alternative group health plans. The total net fiscal impact to CalOptima Health is $247,200 in CY 2024; e.) The addition of $51,000 in funding to offer on-site and virtual counseling and mental health services through Aetna Resources for Living EAP; and 2.) Authorized the receipt and expenditures for CalOptima Health staff wellness programs of $75,000 in funding from Blue Shield of California for CY 2024. (Motion carried 8- 0-0) 19. Authorize Action Related to California Public Employees’ Retirement System Unfunded Accrued Liability Action: On motion of Supervisor Chaffee, seconded and carried, the Board of Directors authorized the Chief Executive Officer (CEO) to execute a one- time additional discretionary payment of $49,999,717 to fully fund the California Public Employees’ Retirement System Unfunded Accrued Liability balance as of June 30, 2022. (Motion carried 8-0-0) As noted at the top of the agenda, the Board will hear Agenda Item 20 after Closed Session. ADVISORY COMMITTEE UPDATES 21. Regular Joint Meeting of the Member Advisory Committee and Provider Advisory Committee Update Maura Byron, Chair of the Member Advisory Committee (MAC) updated the Board on recent activities at the Joint Meetings of the MAC and the Provider Advisory Committee. CLOSED SESSION The Board adjourned to Closed Session at 4:21 p.m. pursuant to Government Code Section 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Under Negotiation: Price and terms of payments, Property: 7900 Garden Grove Avenue Boulevard, Garden Grove, CA 92841, Agency Negotiators: David Kluth, and Mai Hu, Newmark Knight Frank, Negotiating Parties: Lvt, Inc. and pursuant to Government Code Section 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL – STRATEGY ON EXISTING LITIGATION. The Board returned to open session at 5:02 p.m. and the Clerk re-established a quorum. 356 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 8 Rev. 9/22/23 Rev. 9/22/23 ROLL CALL Members Present: Clayton Corwin, Chair; Blair Contratto, Vice Chair; Debra Baetz (non-voting); Isabel Becerra; Supervisor Doug Chaffee; Norma García Guillén; Jose Mayorga, M.D.; Supervisor Vicente Sarmiento; Trieu Tran, M.D. (All Board members in attendance participated in person) Members Absent: None. Others Present: Michael Hunn, Chief Executive Officer; Yunkyung Kim, Chief Operating Officer; James Novello, Outside General Counsel, Kennaday Leavitt; Nancy Huang, Chief Financial Officer; Richard Pitts, D.O., Ph.D., Chief Medical Officer; Sharon Dwiers, Clerk of the Board CLOSED SESSION CS-1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Under Negotiation: Price and terms of payments Property: 7900 Garden Grove Avenue Boulevard, Garden Grove, CA 92841 Agency Negotiators: David Kluth, and Mai Hu, Newmark Knight Frank Negotiating Parties: Lvt, Inc. Mr. Novello, Outside General Counsel, Kennaday Leavitt, read the following action taken in Closed Session for item CS-1: Action: On motion of Supervisor Sarmiento, seconded by Chair Corwin, the Board of Directors has unanimously voted to approve the acquisition of the property at 7900 Garden Grove Avenue Boulevard, Garden Grove, California 92841 for a purchase price of $8 million. (Motion carried 8-0- 0) CS-2. CONFERENCE WITH LEGAL COUNSEL – STRATEGY ON EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)1 Chair Corwin noted for the record that there was no reportable action taken in Closed Session for item CS-2. 20. Approve Actions Related to the Garden Grove Street Medicine Pilot Program and Support Center Action: On motion of Supervisor Chaffee, seconded and carried, the Board of Directors: 1.) Authorized the Chief Executive Officer (CEO) to: a.) Solicit, select and contract for general contractor services and furniture, fixtures, and equipment for the Street Medicine Support Center at 7900 Garden Grove Boulevard, Garden Grove, California; b.) Execute a contract amendment with Totum Corporation to complete full scope design, including assessments, architecture and engineering, project management, local engagement, permits, and fees for the Street Medicine 357 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 9 Support Center at 7900 Garden Grove Boulevard, Garden Grove, California for the nine-month period of September 1, 2023, through May 31, 2024; c.) Execute a contract amendment with RiverRock Real Estate Group, Inc. (RiverRock) for property management, maintenance and security services at 7900 Garden Grove Boulevard for the nine-month period of September 1, 2023, through May 31, 2024; 2.) Authorized unbudgeted expenditures in an amount up to $10.51 million in undesignated reserves to fund the Recommended Action 1; 3.) Authorized the CEO to negotiate an amendment to the existing contract with Healthcare in Action to include additional services to be provided at the Street Medicine Support Center; and 4.) Made exceptions to CalOptima Health Policy GA.5002: Purchasing Policy related to Recommended Actions 1b, 1c, and 3. (Motion carried 8-0-0) Ms. Kim thanked the Board for its support of the Garden Grove Street Medicine Support Center. BOARD MEMBER COMMENTS AND BOARD COMMITTEE REPORTS Supervisor Chaffee commented regarding the ad hoc committee on Corporate Governance, stating that he does not want to be on the ad hoc committee but would like to make two suggestions. One, the election should be conducted by a neutral party. He noted that almost universally and on other boards that he sits on, they use legal counsel to run the election and take it out of the hands of the people who might be elected. Another possibility would be to have the Clerk of the Board run the election. Supervisor Chaffee also suggested that an easier way to draft Board rules is to adopt something like Robert Rules of Order, the Board would need to read through the Robert Rules of Order and could adopt portions of it. Supervisor Chaffee also reported that his office created a program for the Fullerton Police Department where they are hiring social workers to be a part of the department and hopefully de-escalate issues. Vice Chair Contratto thanked Nancy Huang and her team for their due diligence on the CalPERS performance and the decision to fund unfunded employee retirement benefits. ADJOURNMENT Chair Corwin adjourned the meeting in a somber tone, sharing sad news that one of CalOptima Health’s Information Technology Services (ITS) team members suddenly passed away two weeks ago. Phillip Marquez, III was a valued member of the Service Desk team for over six years and always had a passion for helping others. On behalf of the Board, Chair Corwin offered the Board’s sincere condolences to Phillip’s family, his four children, the ITS team and everyone at CalOptima Health who had the privilege of working with him. 358 Regular Meeting of the CalOptima Health Board of Directors September 7, 2023 Page 10 Hearing no further business, Chair Corwin adjourned the meeting in memory of Phillip Marquez, III at 5:15 p.m. /s/ Sharon Dwiers Sharon Dwiers Clerk of the Board Approved: October 5, 2023 359 Voluntary Rate Range IGT Program (VRRP IGT) Huntington Beach Fire Department November 7, 2023 360 Recommendation A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; B) Authorize designated city staff to execute the agreement; and C) Approve an appropriation of $2,282,450 for the agreement during FY 23/24. 361 Background During FY 22/23, the City was notified of eligibility to participate in the Voluntary Rate Range IGT program (VRRP IGT) The City of Newport Beach and the City of Orange have participated in the VRRP IGT for over five years and have received net revenue. Other entities eligible for this year’s VRRP IGT through CalOptima include First 5 Orange County, Orange County Health Care Agency, UCI Health. 362 Background The CalOptima Health Board Action Agenda Referral dated 08/31/2023 states: The Voluntary Rate Range IGT program allows DHCS and CalOptima Health to secure additional Medi-Cal dollars for eligible Orange County entities. For each IGT transaction, DHCS identifies the estimated member months for rate categories (e.g., adult, adult optional expansion, child, long term care, seniors and persons with disabilities, and whole child model) and provides the total amount available for Orange County to contribute through funding entities. To receive funds, entities provide a dollar amount to DHCS, whichis then used to obtain a federal match. DHCS distributes the funds and the match to the eligible entities through CalOptima Health. To date, CalOptima Health has participated in eleven Voluntary Rate Range IGT transactions. 363 Step 1 A) Approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; B) Authorize designated city staff to execute the agreement; and C) Approve an appropriation of $2,282,450 for the agreement during FY 23/24. Step 2 Huntington Beach transfers funds/pays DHCS $2,282,450 a in FY 23/24. Step 3 DHCS pays the IGT funds. Then CalOptima, the managed care plan, pays Huntington Beach $2,282,450 + $3,243,360 = $5,525,810 in FY 23/24. Therefore, Huntington Beach’s estimated net revenue is $3,243,360. Steps 364 Future The City’s ongoing participation in the program is dependent on available federal funding for the program and the City’s ability to provide the upfront contribution required. The contribution and net revenue received annually by the City is also dependent on other factors, such as the number of program participants in the County and number of Medi-Cal calls for service. 365 Questions? 366 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-962 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Theresa St. Peter, Interim Director of Human Resources PREPARED BY:DeAnna Soria, Risk Manager Subject: Adopt Resolution No. 2023-57 authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System (PERS) and make determinations of disability for local safety members Statement of Issue: The City Council previously adopted Resolution No. 2016-43 on June 20, 2016, authorizing the City’s Risk Manager to determine and file industrial disability retirement applications on behalf of the City’s safety employees who have sustained disabling injuries and/or illness in the course and scope of work. At this time, staff is recommending that the City Manager assume the responsibility of making these determinations going forward. Financial Impact: There is no financial impact for this Resolution update. Recommended Action: Adopt Resolution No. 2023-57, “A Resolution of the City Council of the City of Huntington Beach authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System and make determinations of disability for local safety members”, and repeal Resolution No. 2016-43. Alternative Action(s): Do not approve the updated Resolution, and direct staff to continue the current process outlined in Resolution No. 2016-43 Analysis: Risk Management conducted a survey of ten local cities and their risk management programs. Of particular interest was the individual designated to have signing authority for industrial disability retirements. As a result of the survey, staff is now recommending this signing authority be transferred City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™367 File #:23-962 MEETING DATE:11/7/2023 to the City Manager, since 95% of the surveyed cities also designate the City Manager with this signing authority. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2016-43, “A Resolution of the City Council of the City of Huntington Beach authorizing the Risk Manager to submit disability applications for all members of the Public Employees Retirement System and make determinations of disability for local safety members” 2. Resolution No. 2023-57, “A Resolution of the City Council of the City of Huntington Beach authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System and make determinations of disability for local safety members” City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™368 369 RESOLUTION NO 2016-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE RISK MANAGER TO SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE PUBLIG EMPLOYEES RETIREMENT SYSTEM AND MAKE DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS WHEREAS, the City of Huntmgton Beach (herem referred to as "Agency") 1s a contractmg agency of the Cahfom1a Pubhc Employees' Retirement System, and WHEREAS, on September 4, 1990, by Resolution No 6210, the City Council authorized the Risk Manager to submit applications for d1sab1hty retirement to the Pubhc Employees' Retirement System Board, and WHEREAS, the Pubhc Employees' Retirement Law reqmres that a contractmg agency deterrnme whether an employee of such agency m employment m which he/she 1s classified as a local safety member 1s disabled for purposes of the Public Employees' Retirement Law and whether such d1sab1hty 1s "mdustrial" within the meanmg of such law, and WHEREAS, Government Code Sect10n 21152(c) allows the City Council or its des1gnee to make apphcal!ons on behalf of the Agency for d1sab1hty retirement of all members, and to 1mtiate requests for remstatement of such employees who are retired for d1sab1hty, and WHEREAS, Government Code Section 21156 reqmres that the govemmg body of the Agency determme whether a local safety member 1s disabled for purposes of the Public Employees' Retirement Law and whether such d1sab1hty 1s "mdustrial" w1thm the meanmg of such Law, WHEREAS, pursuant to Government Code Section 21173, the City Council, as the govemmg body of the Agency, may delegate its authority to make such d1sab1hty deterrmnatlons for safety members to a subordmate officer, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntmgton Beach as follows SECTION 1 The City Council does hereby delegate to the mcumbent of the office/pos11!on of Risk Manager the authority to make applicat10ns on behalf of the Agency pursuant to Government Code Section 21152(c) for d1sab1hty retirement of all members and to 1mtlate requests for remstatement of such employees who are ret!red for d1sab1hty SECTION 2 The City Council does hereby delegate to the mcumbent of the office/pos1t1on of Risk Manager the authority to make deterrnmat1ons of local safety member d1sab1hty on behalf of the Agency under Government Code Sect10n 21156, whether such d1sab1hty 1s mdustrial, and to certify such deterrnmatlons and all other necessary information to the Cahfomia Public Employees' Retirement System, SF-16-5290/13761 I docx 370 I I I Res. No. 6210 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s: CITY. OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, 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 the--'4..,th~ __ day of September , 19 90 , by the following vote: AYES: Councilmembers: MacAlJister, wiocbeJJ, GLeen, Mays, Bannister. s11va NOES: Council members: None ABSENT: Councilmembers: Erskine HB-177- c~~erk of tffe City Council of the City of Huntington Beach, California Item 13. -5 371 Res. No. 2016-43 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-off1c10 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 1s seven, that the foregoing resolution was passed and adopted by the aff1rmat1ve vote of at least a maJonty of all the members of said City Council at a Regular meeting thereof held on June 20, 2016 by the following vote AYES: NOES: Posey, O'Connell, Sullivan, Katapod1s, Hardy, Delgle1ze, Peterson None ABSENT: None ABSTAIN: None City Clerk and ex-off1c10 Clerk of the City Council of the City of Hunt1rigton Beach, California 372 SECTION 3 Resolut10n No 6210 1s hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntmgton Beach at a regular meetmg thereof held on the 20th day of June , 2016 ATTEST APPROVED AS TO FORM City Attorney REVIEWED AND APPROVED 2 SF-16-5290/13761 I docx 373 RESOLUTION NO. 2023-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY MANAGER TO SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND MAKE DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS WHEREAS, the City of Huntington Beach (herein referred to as "Agency") is a contracting agency of the California Public Employees' Retirement System; and WHEREAS, on June '.W, 2016, by Resolution No. 2016-43, the City Council authorized the Risk Manager to submit applications and make determinations of disability and whether such disability is Industrial to the California Public Employees Retirement System (CalPERS); and WHEREAS, Government Code Section 21152( c) allows the City Council or its designee to make applications on behalf of the Agency for disability retirement of all members, and to initiate requests for reinstatement of such employees who are retired for disability; and WHEREAS, Government Code Section 21156 requires that the governing body of the Agency determine whether a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; WHEREAS, pursuant to Government Code Section 21173, the City Council, as the governing body of the Agency, may delegate its authority to make such disability determinations for safety members to a subordinate officer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. The City Council does hereby delegate to the incumbent of the office/position of City Manager the authority to make applications on behalf of the Agency pursuant to Government Code Section 21152( c) for disability retirement of all members and to initiate requests for reinstatement of such employees who are retired for disability. SECTION 2. The City Council does hereby delegate to the incumbent of the office/position of City Manager the authority to make determinations of local safety member disability on behalf of the Agency under Government Code Section 21156, whether such disability is industrial, and to certify such determinations and all other necessary information to the California Public Employees' Retirement System. SECTION 3. Resolution No. 2016-430 is hereby repealed. 374 RESOLUTION NO. 2023-57 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ____ day of~-----~' 2023. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager 2 23-13663/321964 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-909 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Steve Bogart, Senior Civil Engineer Subject: Approval of a License Agreement with Huntington Gateway Industrial II, LLC to install and maintain all landscaping and landscaping improvements within the public rights-of-way for the Huntington Gateway Phase II Industrial Project Statement of Issue: Consider approving a License Agreement between the City and Huntington Gateway Industrial II, LLC (owner/developer) for the Huntington Gateway Phase II industrial project located at the former Boeing property at the north side of Bolsa Avenue, at the intersection with Graham Street and south of Skylab Road. This Agreement transfers the maintenance obligations of landscaping improvements within the public right-of-way to the owner/developer of the property and satisfies the project’s Conditions of Approval. Financial Impact: No funding is required for this action. Recommended Action: Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of- Way” for the Huntington Gateway Phase II industrial project (Attachment 1). Alternative Action(s): Do not authorize execution of the License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC, for the Huntington Gateway Phase II industrial project, with findings for denial, and direct staff accordingly. Absent this agreement, the City would be responsible for maintaining the improvements within the public right-of-way related to the subject project, which would result in increased future maintenance costs for the City. Additionally, without this Agreement, the developer would be unable to satisfy the project’s Conditions of Approval. City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™375 File #:23-909 MEETING DATE:11/7/2023 Analysis: The Huntington Gateway Phase II industrial project is a commercial/industrial development located on the north side of Bolsa Avenue, at the intersection with Graham Street and south of Skylab Road (See Attachment 2 for a location map). This project involves 1,020,000 square feet of new commercial/industrial warehouse space (in five new buildings), outdoor parking, onsite/offsite utility upgrades and construction of a new public street, Delta Lane (between Bolsa Avenue and Skylab Road). The project’s development requirements include construction of and responsibilities for future maintenance of landscaping and hardscape improvements within the Bolsa Avenue, Delta Lane and Skylab Road rights-of-way. To document this responsibility, the developer/owner is required to execute the appropriate landscape maintenance license agreement for all landscaping, irrigation, street furniture and hardscape along the project’s frontages, in the City right-of-way. In addition to landscaping and irrigation, the agreement also addresses sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all other aspects of maintenance for these areas, and that the property owner will be responsible for all costs associated with this maintenance, repair, replacement and liability. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1.License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way 2. Location Map 3. Presentation City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™376 377 RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190 / 2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code§ 6103 SPACE ABOVE THIS LINE FOR RECORDER"S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON GATEWAY INDUSTRIAL II, LLC, TO PROVIDE INSTALLATION AND MAINTENANCE OF LANDSCAPING AND LANDSCAPING IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and Huntington Gateway Industrial, II, LLC, hereinafter referred to as "LICENSEE." WHEREAS, Huntington Gateway Industrial, II, LLC, is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the "Property"); and CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas"); and In connection with the development of the Property, CITY and LICENSEE desire to assign responsibility for the installation and maintenance of landscaping and hardscaping within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping within the Improvement Areas, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, CITY and LICENSEE covenant and agree as follows: 1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set forth, CITY hereby grants to LICENSEE a non-exclusive, revocable license ("License") to install and maintain landscaping and hardscaping within the Improvement Areas pursuant to the terms as set forth in this Agreement. 23-13407 /318919 1 378 2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided that CITY may terminate the License and this Agreement upon thirty (30) days written notice to LICENSEE. 3. TERMINATION. In the event of any such termination, the CITY may, at its option, either: (a) at its sole expense, disconnect existing water and electrical supply sources to the Improvement Areas from the Property (leaving the water and electrical systems serving the Property fully functional and in compliance with law), and construct and reconnect CITY water and electrical supply sources to the Improvement Areas, or (b) continue to use water and electricity from the Prope1iy for the Improvement Areas, in which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse LICENSEE on a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense, to maintain in a good condition and repair the portion of the water and electrical systems located in the Improvement Areas. 4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the Improvement Areas shall be as depicted on those ce1iain plans and specifications as approved by the CITY relative to the Property and the subject development thereof. The landscaping and other improvements within the Improvement Areas for which LICENSEE, at its sole cost at no expense to the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of this License shall be collectively referred to as the "LICENSEE'S Improvements" and includes the following: Landscaping, Irrigation Systems and Plant Material: Plants and trees in accordance with the Landscaping Plans relative to the Prope1iy and the subject development thereof submitted by LICENSEE and approved by the CITY and the irrigation systems serving the same. Hardscaping: Enhanced and concrete paving including sidewalks, driveways, access ramps and stairs in accordance with the precise grading plans relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY. 5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense and during the Term, LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas, including, but not limited to: sidewalk cleaning; trash disposal; signs; watering; repairing and/or adjusting irrigation systems when failures occur; fertilizing; cultivating; edging; performing general planting and trimming or other corrective gardening; spraying grass and plants with both insecticides and herbicides; and, generally keeping the Improvement Areas in a clean, secure and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area. During the Term, LICENSEE agrees to maintain and keep the Improvement Areas in good condition and repair, free and clear of litter and debris and free from any nuisances and to comply with all health and police regulations, in all respects at all times. LICENSEE agrees to dispose oflitter and debris in a sanitary and legal marmer and location. All of the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities," and shall apply only during the Term. (a) Maintenance of Trees and Plants. LICENSEE's maintenance obligations shall include watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, 23-13407/318919 2 379 fertilizing, edging, performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a clean, secure and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the Improvement Areas, including but not limited to the following: 1. Provide and apply fertilizer as necessary to sustain healthy growth. 2. Maintain the Improvement Areas to allow access by CITY personnel to CITY facilities and in a condition that is substantially free from weeds, debris and harmful insects at all times. 3. Keep plantings trimmed to eye pleasing appearance. 4. Use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restrictions. 5. Remove and replace unhealthy, dead, invasive or unplanned plantings as they are observed. 6. Keep the entire area policed and free of litter and deleterious material. LICENSEE shall provide trash pick-up, sweeping, and clean-up as required to ensure no offensive odors, gum, wax, litter, liquids or other materials are allowed to remain on or stain paving, planters, containers, decorative features, miwork or other surfaces. 7. Maintain, repair and operate irrigation system in a manner that prevents water from flooding onto the right-of-ways. 8. All tree trimming shall be done by an LS.A. Certified Arborist or an LS.A. Certified tree worker under the direct supervision of an LS.A. Certified Arborist. Said trimming shall be per the International Society of Arborist, A.N.S.L 300A standards. Any tree work not conforming to these requirements shall be subject to damage assessment by the City of Huntington Beach Tree Supervisor. Dmnages may potentially lead to penalties which can involve removing and replacing the damaged tree with an approved replacement of the same size that was originally planted, and payment of fines equal to the value of the original (damaged) tree. Any fines shall be payable by LICENSEE to the CITY. 9. If for any reason LICENSEE is unable to maintain the Improvement Areas in a manner satisfactory to the CITY, LICENSEE shall re-landscape the Improvement Areas to a condition acceptable to the CITY at LICENSEE's sole cost and expense. 10. Control and maintain the Improvement Areas such that no landscaping or plant materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic, or encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from the edge of the curb/gutter to the center of any street right-of-way. 11. Conform to all applicable Best Management Practices set fmih in the CITY'S Local Implementation Plan Section A-9, Existing Development Exhibit A-9.11, BMP Fact Sheet 1 C7 23-13407/318919 3 380 Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the Department of Public Works. (b) Maintenance ofHardscape Material. LICENSEE's maintenance obligations shall include all concrete and enhanced hardscaping material including all sidewalks, driveways, access ramps and stairs. Maintenance includes, but is not limited to, linear root barriers, concrete repair and replacement, grinding or patching variations in elevation of sidewalks and driveways for an acceptable riding surface, and the removal of dirt, debris, graffiti, weeds, and any other deleterious items or material on or about the sidewalks or driveways in an expeditious manner. (c) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be responsible for using such utilities in a secure and hazardless manner, complying in all respects with applicable codes and ordinances. ( d) Signage. LICENSEE shall repair and maintain during the Term any signage constructed and installed on the Improvement Areas by LICENSEE. 6. PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements which LICENSEE constructs in the Improvement Areas as necessary to bring the Improvements into an operating condition, all in accordance with plans and specifications as submitted by LICENSEE to CITY, which plans and specifications shall be subject to the prior written approval of CITY. No changes, modifications, or alterations may be made to the Improvement Areas without the prior written consent of CITY. 7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the installation of the Improvements in the Improvement Areas in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Areas without the prior written consent of CITY. 8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement Areas. Furthermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall acquire the proper encroachment permit and comply with all other CITY requirements prior to performing any work on Improvement Areas in the public right-of-way. 9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas at any time to ensure that LICENSEE is performing its obligations hereunder. CITY and LICENSEE shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspections. 10. DAMAGE TO IMPROVEMENT AREAS. In the event any damage is caused to any pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a result of the installation by Licensee of the landscaped material installed on the Improvement Areas and/or the performance of the maintenance responsibilities of the Improvement Areas by Licensee, LICENSEE agrees to repair same at its own expense. In the event that damage is caused by the acts of any person to any portion of the landscaped area or in the event any equipment is broken or breaks or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced 23-13407/318919 4 381 or restored within ten (10) calendar days of the date of the breakage or destruction. Stolen items will be considered destroyed for purposes of this Section 10. 11. REP AIR BY CITY. Except as otherwise provided for in this License, in the event any damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a result of the installation, maintenance and/or repair work performed by the CITY or its contractors, agents or employees within the Improvement Areas, CITY shall promptly repair the same at its own expense. 12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them. 13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s) to be filed against the Improvement Areas by reason of any work, labor, services or material performed at or furnished to the Improvement Areas, by or through LICENSEE. LICENSEE shall, at its sole cost and expense, cause any mechanics' lien( s) which may be filed against the Improvement Areas to be released or bonded or affomatively insured within sixty (60) days after the date of filing of such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the CITY to subject the CITY's estate in the Improvement Areas to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California. 14. ASSIGNMENT. The License herein granted is personal to LICENSEE and any attempt to assign the License to any entity shall require the prior approval of CITY and is subject to the provisions set forth in Section 37 below. Notwithstanding the foregoing, assignment of the License to a LICENSEE affiliated entity or to a successor owner of the Property shall not require prior approval of CITY. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of LICENSEE'S use or occupancy of the Improvement Areas, whether now existing or arising at any future time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice shall include the mailing address of the delegee, and will become the delegee's address for service of notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of any fee title interest in the Property ( other than a security interest granted in connection with a financing by Licensee) shall constitute an assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code §1861, LICENSEE and its successors or assigns acknowledges awareness of Section 3 700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it will comply with such laws and provisions prior to conducting any activity pursuant to this license. LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to CITY. LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to 23-13407/318919 5 382 provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and LICENSEE shall similarly require all subcontractors to waive subrogation. 16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15 above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto, on all activities to be performed in the Improvement Areas as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said insurance shall name the CITY as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by LICENSEE concerning the Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be primary. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims ofliability arising out of or in connection with all activities to be undertaken by LICENSEE concerning the Improvement Areas affected by the license. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount not less than the following amount: combined single limit bodily injury and prope1iy damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY. 17. CERTIFICATE OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said ce1iificates shall provide the name and policy number of each carrier and policy; and shall state that the policy is cmTently in force; and shall promise to provide that such policies will not be canceled or modified without providing notice to CITY in accordance with policy provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to LICENSEE's liability policy as required hereunder, naming the CITY as Additional Insureds, shall be provided to the CITY Attorney for approval prior to the commencement of any work by LICENSEE pursuant to this Agreement. 18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns (hereinafter collectively called "Indemnified Parties") against any and all liability, claims, judgments, penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person (including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation, property owned by an Indemnified 23-13407/318919 6 383 Party), which injury, death or physical damages arises directly or indirectly out of the grant oflicense herein contained or the activities to be undertaken by LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEEs, or invitees) concerning the Improvement Areas, caused in whole or in part by any negligent act or omission of the LICENSEE, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable ( collectively, the "LICENSEE Parties"), including but not limited to concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the negligence or willful misconduct of CITY or any of its agents, contractors, subcontractors, officers, or employees. City shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct any defense required hereunder at its sole cost and expense. 19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the Improvement Areas shall be for its sole account and not as an agent, servant or contractor for CITY. 20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its officers, employees, contractors, invitees and all others doing business with LICENSEE to obey and observe) all rules and regulations of general applicability regarding the Improvement Areas as may be reasonably established by CITY at any time and from time to time during the Term of this Agreement. 21. DEFAULT. In the event LICENSEE does not perform, or cause to be perfmmed, any of the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing the alleged default by LICENSEE. If LICENSEE fails to cure said default within thirty (30) calendar days following the date of delivery of such notice of default, CITY may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and billed directly to the LICENSEE. Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred. Payment from LICENSEE shall be due within thirty (30) calendar days following the date of receipt of invoice. In addition, one and a half(l-1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. 22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in the use and occupation of the Improvement Areas all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by LICENSEE. 23. NOTICES. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via ce1tified or registered mail, or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and addressed as follows: 23-13407/318919 7 384 TO CITY: 2000 Main Street Huntington Beach, CA 92648 ATTN: Director of Public Works TO LICENSEE: Huntington Gateway Industrial, II, LLC 3501 Jamboree Road, Suite 3000 Newport Beach, CA 92660 (949) 809-2420 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to the receipt of the original, of a facsimile copy of the notice. 24. CAPTIONS AND TERMS. The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 25. RECORD A TION. LICENSEE shall record this Agreement in the Official Records of the County of Orange, State of California. 26. NON-EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall at all times be open to use by the general public. 27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement and use of the Improvement Areas it will not engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any further documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 30. ENTIRE AGREEMENT. This Agreement, together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties hereto with respect to the rights and obligations contained herein. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the CITY and signed by the parties to be charged. 23-13407/318919 8 385 31. ATTORNEY'S FEES. If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each paiiy shall bear its own attorneys' fees. The prevailing paity shall not be entitled to recover its attorneys' fees from the nonprevailing party. 32. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above, LICENSEE acknowledges and agrees that CITY has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement. LICENSEE shall provide CITY with, and at all times keep current, contact information for LICENSEE and any property manager acting on its behalf. 33. GOVERNING LAW. This Agreement shall be governed, construed, interpreted, and enforced under and in accordance with and governed by the laws of the State of California. 34. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented only by the written agreement of LICENSEE and CITY, or the successors and assigns of each. 35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every pmiion thereof and interest therein. The License granted by this Agreement is subject to all matters of record as of the effective date ofthis Agreement. 36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or her designee the authority to implement all provisions of this Agreement. 37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions hereof, and neither for the benefit of nor give rise to any claim or cause of action by any other person. 38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made hereunder shall survive termination of this Agreement. 39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform pursuant to the terms and conditions of this Agreement. 23-13407/318919 9 386 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ___________ 2023. LICENSEE: HUNTINGTON GATEWAY INDUSTRIAL, II , LLC By ~ ~i~ print name ITS: (circle one) Chainnan/Presid t/Vice President AND By~ print nam lTS: (circle one) Secretary/ Asst. Secretary-Treasurer 23 -13407/3 18919 10 CITY: CITY OF HUNTINGTON BEACH, a California municipal corporation Mayor City Clerk Director of Public Works REVIEWED AND APPROVED: City Manager 387 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Orange On October 3, 2023 before me, Alexis Abad, Notary Public (insert name and title of the officer) personally appeared _P_a_t_ri_c_k_R_u_s_se_l_l ___________________ _ who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ o n e e e o e e o e e n l ~ ALEXIS ABAD ....... ..,,f : ~a·"'~ Notary Public · California z J \~ ;: Orange County ~ '1 '{ ° Commission 112427◄41 i 41 ~1'1,n .. "'" My Comm. Expires Nov 20, 2026 , Signature _J..(>..L.~===%<::::·==C===·'==== (Seal) 388 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Orange on October 3, 2023 before me, Alexis Abad, Notary Public (insert name and title of the officer) personally appeared Kenneth M. Coatsworth who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ e o o e e e e e e e e e ~ ALEXIS ABAD • ' ; Notary Public • California z :ill: "' Orange County ~ z Commission# 2427441 - My Comm. Expires Nov 20, 2026 (Seal) 389 LEGAL DESCRIPTION PARCELS 1, 2, 3, 4, AND 5 OF PARCEL MAP NO. 2019-153, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 409 , PAGES 1 THROUGH 3 OF PARCEL MAPS , IN THE OFF I CE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO AND IN OWNERSHIP OF ALL OIL, GAS, CASINGHEAD GAS AND OTHER HYDROCARBON OR MINERAL SUBSTANCES (ALL THEREOF HEREINAFTER REFERRED TO AS "THE SAID SUBSTANCES) IN, UNDER OR THAT MAY BE PRODUCED FROM THE PREMISES GRANTED HEREBY, TOGETHER WITH ALL RIGHTS INCIDENT THERETO, AND RESERVING THE RIGHT OF INGRESS AND EGRESS AT ALL TIMES FOR THE PURPOSE OF MINING, DRILLING AND EXPLORING THE SAID PREMISES FOR THE SAID SUBSTANCES AND FOR THE PURPOSE OF REMOVING THE SAID SUBSTANCES THEREFROM, PARTICULARLY INCLUDING THE RIGHT OF ENTRY AT ALL TIMES UPON AND INTO ANY AND ALL PARTS OF THE SAID PREMISES BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, BY SLANT OR DIRECTIONAL DRILLING FROM OTHER LAND INTO AND PENETRATING THE PREM I SES GRANTED HEREBY BELOW SUCH DEPTH OF 500 FEET FROM THE SURFACE THEREOF, BUT NOT INCLUDING ANY RIGHT (AND THERE SHALL BE NO RIGHT UNDER TH IS EXCEPT! ON) OF ENTRY UPON OR USE OF THE SURF ACE , OR OF THE SUBSURFACE ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE OF ANY PART OF SAID PREMISES, AS RESERVED BY DOROTHY T. PECK, ALSO KNOWN AS DOROTHY T. PECK FLYNN, AS TO AN UNDIVIDED ONE-FOURTH INTEREST; DOROTHY T. PECK, ALSO KNOWN AS DOROTHY T. PECK FLYNN, AS TRUSTEE WITH POWER OF SALE, UNDER THE WILL OF ALDRICH R. PECK, DECEASED, AND THE DECREE OF DISTRIBUTION OF HIS ESTATE, A CERTIFIED COPY THEREOF BEING RECORDED JUNE 27, 1960, IN BOOK 5303, PAGE 549, OFFICIAL RECORDS, AS TO AN UNDIVIDED ONE-FOURTH INTEREST; AND DOROTHY THAYER PECK, ALSO KNOWN AS DOROTHY T. PECK FLYNN, AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, TRUSTEES UNDER DECLARATION OF TRUST DA TED DECEMBER 18, 1936, AS TO AN UNDIVIDED ONE -HALF INTEREST IN A DEED OF SAID PREMISES TO 0. L. PECK-ROBERT S. NORMAN, A PARTNERSHIP, RECORDED IN THE OFF I CE OF THE COUNTY RECORDER OF ORANGE COUNTY , CALIFORNIA IN BOOK 6776, PAGE 42, OFFICIAL COUNTY RECORDS. ALSO EXCEPTING AND RESERVING THEREFROM 1/2 OF OIL, GAS, CASINGHEAD GAS, AND OTHER HYDROCARBON OR MINERAL SUBSTANCES (ALL THEREOF HEREINAFTER REFERRED TO AS 'RESERVED SUBSTANCES") IN, UNDER OR THAT MAY BE PRODUCED FROM SA ID LAND, TOGETHER WITH ALL RIGHTS I NC !DENT THERETO, INCLUDING THE EXCLUSIVE RIGHT OF INGRESS AND EGRESS AT ALL TIMES FOR THE PURPOSE OF MINING, DRILLING AND EXPLORING SAID LAND FOR SAID RESERVED SUBSTANCES AND FOR THE PURPOSE OF REMOVING SUCH RESERVED SUBSTANCES THEREFROM, PARTICULARLY INCLUDING THE RIGHT OF ENTRY AT ANY AND ALL TIMES UPON AND INTO ANY AND ALL PARTS OF THE SA ID LAND, BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, BY SLANT OR DIRECTIONAL DRILLING FROM OTHER LAND INTO AND PENETRATING THE SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM THE SURFACE THEREOF, BUT NOT INCLUDING ANY RIGHT (AND THERE SHALL BE NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION) OF ENTRY OR USE OF THE SURFACE, OR THE SUBSURFACE ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE OF ANY PART OF SAID LAND. :,. Q_ N N N N N 0 ~ <D c::. <D >- >- 0 z 0 > 0 I "' <.'.> "' 0 <{ e- gj I X w / Ul e-m I X w < :,. _; I N I ? N w Ul < I Q_ / Ul e-m I X w / 0 z < 7 0 1---------------------~--------------1"-i PREPARED BY: Michael Baker 5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707 I N T E R N AT I O N A L Phone: (949)472-3505 MBAKERINTL.COM EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY u / cc: ,n <D / < e- < SCALE: N A SHEET 1 OF 1 ~ DATE: 6 13 2022 ± 390 CENTERLINE ----RIGHT OF WAY/PROPERTY LINE HARDSCAPE/LANDSCAPE AREA IN THE CITY RIGHT OF WAY, PARKWAY BETWEEN R/W AND BACK OF CURB, IS TO BE MAINTAINED BY THE LICENSEE (WEST SIDE OF DELTA LANE AREA= 26,980 SF; TOTAL AREA= 49,600 SF) PREPARED BY: Michael Baker 8 ~~ ~ i;l 200 75 0 200 I ~!" I SCALE 1":200' :::, < "' ,,. 0 ,,, N 0 N '-. ~ 0 "' °' < :::, vi w :::, < ~ \g q ' <Il I- in r X w / ~ in r X w < :::, _, I N I "-/ N w </) < I "-/ </) I- in r X ;::J- 0 z < _, / 0 0 < '.3- 391 LEGEND CENTERLINE ::, <( N z 0 0 z <( "' a, z 0 "' " ~ 0 oJ I a, >- ai 5: X !;!- <fl >- ai s'i w <( ::, -' I N I '.;;, N 200 75 0 200 w I ti!'! I ~ SCALE 1":200' '.;;, ----RIGHT OF WAY/ ~ PROPERTY LI NE 5: ~ HARDSCAPE/LANDSCAPE AREA IN THE CITY RIGHT OF WAY, PARKWAY 9, ~ BETWEEN R/W AND BACK OF CURB, IS TO BE MAINTAINED BY THE ~ LICENSEE ~ (EAST SIDE OF DELTA LANE AREA= 22,620 SF; TOTAL AREA= 49,600 SF) 8 1-----.:...... __________ ...;__,....;.. _____ ...;_ _ __;_ __ ---I <( ;:!, EXHIBIT "B" r: 5 Hutton Centre ~ Drive, suite 500, IMPROVEMENT AREA ~ Santa Ana, CA 92707 TO BE MA I NT A I NED ~ I N T E R N A T I O N A L Phone: (949)472-3505 1-,,.,,.,.,...,....._,..__,,.,..,..,.....,..,,~~~~~~ MBAKERINTL.COM SCALE: 1 =200 DA ±' PREPARED BY: Michael Baker 39 2 - BOLSA CHICA .ROAD -I ~~◊-?- pi•• ~ J'~ ~ ':1~ ~:~ :E -U)I~ 'o/~ 0~ ~ Or-~0 ►► rnHm;*=== oELT~A ~◊,;p. 0 ~<'.'.> ··············· < .............. 'a..=-==-:...:.......: /') 0 GRAHAM ri,T mmmm::: I' • 'r & ··············· . )> 0 ::::::::::::::: ~- ··············· ~ 0 . ············ <'.'.} ~ -I ~ 'T -0~ I~ Z ---'-S_P_R_I N-G-DA_L_E+-S_T_...i.___ s: )> -c I I EDWARD! ST ~ /2 0 ()~ q ~ Huntington Gateway Phase II License Maintenance Agreement Department of Public Works November 7, 2023 393 BACKGROUND • Site Plan Review No. 2020-001 and Tentative Parcel Map No. 2019-153 were conditionally approved by the Director of Community Development on May 5, 2021. • This project involves five new commercial/industrial buildings, onsite/offsite utility improvements, upgrades to existing curb, gutter sidewalk and driveway improvements along the site’s frontages, and construction of a new public street, Delta Lane (between Bolsa Avenue and Skylab Road). 394 LOCATION MAP 395 NEED/WHY/BENEFITS • Per the project’s Conditions of Approval, the owner/developer is required to enter into a License Agreement with the City for maintenance of hardscape and landscape improvements, along the project’s frontages, in the public right-of-way. • This Agreement transfers the maintenance obligations of landscaping (and hardscape) improvements within the public right-of-way, from the City to the owner/developer of the property and satisfies the project’s Conditions of Approval. 396 DETAILS • The project’s scope of public improvements includes construction new curb, gutter and sidewalk along its perimeter, construction of a new public street (Delta Lane), and new public utilities including water and sewer facilities. • The License Agreement presented to the City Council tonight has been reviewed and approved as-to-form by the City Attorney’s office. 397 RECOMMENDATION • Approve and execute the Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way 398 Questions? 399 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-911 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:John Dettle, Associate Civil Engineer Subject: Award and authorize the execution of a construction contract with Big Ben Engineering in the amount of $3,970,850 for the Edinger Avenue Sewer Replacement Project, CC-1662; and, authorize appropriation of funds Statement of Issue: On September 27, 2023, bids were received for the Edinger Avenue Sewer Replacement Project, CC -1662. City Council action is requested to award the construction contract to Big Ben Engineering, the lowest responsive and responsible bidder. Financial Impact: Total project cost, including contingency and supplemental expenses, are estimated at $5,000,000. Funds in the amount of $3,662,675 are available in the Sewer Development Fee Fund account 21089020.82600 ($800,000) and Sewer Service Fund account 51189019.82600 ($2,862,675). Additional funding of $1,337,325 is required for the project. Staff is requesting the budget shortfall to be funded from the PCH Restroom Sewer Lift Station Project Fund account 51189021.82600.This request is made in order to maintain the required minimum reserve balance in the Sewer Service Fund (511). Funding to replenish the PCH Restroom Sewer Lift Station Project budget will be requested as part of the FY 2024/25 Capital Improvement Program budget process. Recommended Action: A) Approve a budget transfer of $1,337,325 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189019.82600 (Edinger Sewer Project) to fully fund the Edinger Sewer Project; and, B) Accept the lowest responsive and responsible bid submitted by Big Ben Engineering, in the amount of $3,970,850; and, C) Authorize the Mayor and City Clerk to execute a construction contract with Big Ben Engineering in a form approved by the City Attorney. City of Huntington Beach Printed on 11/1/2023Page 1 of 3 powered by Legistar™400 File #:23-911 MEETING DATE:11/7/2023 Alternative Action(s): Reject all bids, and provide staff with an alternative direction. Analysis: The existing 8-inch and 10-inch sewer in Edinger Avenue, from the railroad east of Gothard Street to Beach Boulevard,has a sag in the line east of the railroad tracks that has reduced capacity and caused grease buildup, which further reduces capacity of the system. New developments along Edinger Avenue have increased the sewage flows and thus exasperated the existing lack of capacity. As such, the new developments along Edinger Avenue have contributed financially through impact fees toward this project via the Sewer Development Fee Fund. Had there not been a sag in the sewer line, the existing sewer would have had sufficient capacity. This project will replace the 8 and 10-inch sewers with 8 to 15-inch sewers to eliminate the sag and restore system capacity. The work in front of the Residences at Bella Terra, from railroad east of Gothard Street to Sher Lane, will be constructed during daytime hours; and the work from Sher Lane to east of Beach Blvd. will be constructed during evenings. The Geotechnical Report provided for the design of the sewer identified two locations, at Sher Lane and west of Beach Blvd., as having gasoline odors. Staff hired EEC Consultants to perform a Site Assessment and Soil Management Plan. Staff also contacted the OC Health Care Agency, and with their assistance contacted the Legally Responsible Parties,DJM Capital and Chevron. Adjustable bid items were included in the Bid Schedule for disposing of contaminated soils and/or contaminated water. Both Legally Responsible Parties have indicated a willingness to work with the City to reimburse the City for added costs of removal and disposal of contaminated soil or water. Bids were received electronically on September 27, 2023. The verified bid amounts are listed below: Bidding Contractor Bid Amount Submitted Big Ben Engineering $3,970,850 Ramona Inc.$5,228,115 Nationwide Contracting Services, Inc.$5,916,090 Mike Bubalo Construction Co., Inc.$6,376,500 Colich & Sons $6,679,230 Vido Artukovich & Son Inc./Vidmar Inc. A JV $7,098,420 The apparent lowest bid was submitted by Big Ben Engineering. Staff has conducted reference checks,which were satisfactory. As such, staff recommends award of a construction contract to Big Ben Engineering in the amount of $3,970,850. If approved, construction will begin in January 2024 and last for approximately 16-20 weeks. The total estimated construction cost is $5,000,000 which includes the construction contract amount, a 10 percent (10%) contingency, and supplemental expenses that include contracted construction inspection (including night work), materials testing and environmental services for testing and monitoring contaminated soils removal. A majority of project funds are budgeted and available. However, a budget transfer of $1,337,325 from Account 51189021.82600 (PCH Restroom Sewer Lift City of Huntington Beach Printed on 11/1/2023Page 2 of 3 powered by Legistar™401 File #:23-911 MEETING DATE:11/7/2023 However, a budget transfer of $1,337,325 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) is required to fully fund the project. The Engineer’s Estimate was $4.25 million, and the low bid was below this estimate. Costs for this project are higher than originally budgeted due to high groundwater levels, premium pay for night work, and inflation. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. PowerPoint Presentation City of Huntington Beach Printed on 11/1/2023Page 3 of 3 powered by Legistar™402 Edinger Avenue Sewer Improvements November 7, 2023 403 Background The 8-inch and 10-inch sewer in Edinger Avenue, from railroad tracks east of Gothard St. to west of Beach Blvd., has a sag in the line west of the railroad tracks that has reduced the capacity of the sewer and the new development along Edinger Avenue has added sewer flows, resulting in the line being under capacity. This project will replace the 8 and 10-inch sewers with 8 to 15-inch sewers from the railroad tracks to just west of Beach Boulevard to eliminate the sag and restore system capacity. 404 EXISTING SEWERS TO REMAIN SHADED AREAS TO GET PAVEMENT OVERLAY Edinger Avenue Sewer Improvements Location & Alignment SPRINGHILL SUTIES IN N OUT SAG IN SEWER WORK HOURS 9 AM TO 3 PM DUE TO THE RESIDENCES AT BELLA TERRA WORK HOURS 10 PM TO 5 AM 405 IIEllA TEMA § I I i EDINGER A VENUE .,_,__ PARKSIDE LAIE BEA~ BOUf;EVARD i_ __ --.. --~~-,::::=::::;:~~ _..,,._-,--. ~-. ;:::'.::::::::=!==_ ~ l __ CJ JQ J •• -~- t--------c-..,.. ~ ...,_.;~ --=-"'"=1::1:' ' -=;4.-=='"~•-=--ct:r:;!£ --,,-~~-~$·~~- ; l ; I r -. I 'm~TI I I 11 I ,,r ~i ; ': . I ' 1, I I ! I I ! EDINGER A VENUE PARKSIDE LANE Funding and Schedule • Project Budget: $3,662,675 • Contribution from Sewer Development Fee Fund: $800,000 • Estimated Costs: $5,000,000 • Construction Start: January 2024 • Construction Duration: 16 – 20 weeks Remaining project funds of $1,337,325 will come from the PCH Restroom Sewer Lift Station Project. Additional Costs Due To: • Inflation: 11% Increase in 2 years • Premium for Night Construction • High Groundwater, 3-feet from surface • Gasoline Contamination: Sher Ln. and Beach Blvd. 406 Details • Prevent Sanitary Sewer Overflows due to lack of capacity during rain events • Prevent Grease Build Up at sag in pipe that cause Sanitary Sewer Overflows • Provide Design Capacity for new development along Edinger Avenue 407 Questions? 408 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-912 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:John Dettle, Associate Civil Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,432,642 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 Statement of Issue: On October 5, 2023, bids were received electronically for the Fiscal Year 22/23 Sewer Lining Project. City Council action is requested to award the construction contract for $1,432,642 to Sancon Technologies, Inc., the lowest responsive and responsible bidder. Financial Impact: The total construction cost for the project, including 10% contingency and inspection, is $1,648,000. Funds are available in the current fiscal year budget in the Sewer Fund account 51189002.82600. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,432,642; 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 bid, and provide staff with alternative action. Analysis: The Engineering and Utilities Division identified the need for rehabilitation of existing sewer pipes based on maintenance history and video inspection. The scope of work for the project includes lining approximately 26,349 lineal feet of aged sewer main lines identified as a priority this year. The locations would benefit from lining as the existing pipes have either calcium deposits from groundwater seepage through minor cracks and joints or have joints offset by tree roots from City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™409 File #:23-912 MEETING DATE:11/7/2023 groundwater seepage through minor cracks and joints or have joints offset by tree roots from adjacent mature trees located on parkways. These calcium deposits and roots inhibit sewage flow and will be removed prior to lining. Lining of the pipes is a trenchless operation performed by inserting a cured in place liner inside the existing pipe to form a replacement pipe. The project also rehabilitates 84 manholes. Completion of this project will extend the life of sewers by 20 years, help prevent sanitary sewer overflows, and increase the structural strength of the sewers. Bids were received electronically on October 5, 2023, and only one bid was received for $1,432,642 from Sancon Technologies. This firm has been awarded the annual sewer lining project the past three years and has offered continued, competitive pricing and acceptable work. Staff recommends awarding the contract to Sancon Technologies, Inc. in the amount of $1,432,642. If approved, construction would begin in January 2024 and continue for approximately 16 weeks. The total project cost is estimated to be $1,648,000, which includes the construction contract, inspection, and 10% construction contingency. Sufficient funds are budgeted in the current fiscal year budget in the Sewer Fund account 51189002.82600. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan> Attachment(s): 1. Presentation City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™410 FY 2022/23 Sewer Lining Project November 7, 2023 411 BACKGROUND AND PROJECT SCOPE The Engineering and Utilities Division coordinate the need for rehabilitation of existing sewer pipes based on maintenance history and video inspections. The sewers and manholes selected for lining are either encrusted with calcium deposits from groundwater infiltration at joints and cracks, or have joints offset by tree roots from mature trees located in the parkways. This project will rehabilitate 26,349 LF (5 miles) of 50 to 60 year old sewer pipe and 84 sewer manholes, greatly reducing groundwater infiltration and extending the useful life of the sewers. 412 FY 2022-23 SEWER LINING PROJECT LOCATION MAP 413 <) ~ l--~l-----l'=--f-=-1----,J-.'~ PROJECT LOCATI ON SEWER UNING LOCATlONS INCLUDE REPORTING D1STRIcrs (RD) 138,139,149.167. 434,443. 456. 46fb ~g ~:: ~~; t~ ::: ~:;;it~ g::~,11:~ ~..,1' RO 149 ~ 3188 LF 8" S/ 17 MH RO 167 1'11704 LF 8" S RO 434 •7164 LF /8" SJ 39 MH RD 443 ~ 425 LF 8" S RD ◄56 : 5880 LF 8" S/ 2557 LF 12" SI 1278 LF 15" SI 8 MH RD466:1307 LF 15" S/1 MH J..EQE!:ill --RD BOUNDARY FY 2022/23 SEWER LI NING PROJ ECT CC -1 728 PROJECT L OCA TI ON MAP CITY OF HUN TI NGTON B E AC H DEPAR TME NT OF PUB LI C WOR KS I NTS ~ ~ 1 OF 1 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 138 414 . '-- :::: •-"" ·-'"' Comell .,. ,,.,., ... , Tyndall .!!.:.., SEv\'ER8t iNES TO REH ABILI TAT E: 1224 Lf eS" VC P, 659 LF 12" VC P ·1 •ho 5 ' ~~: ~{if• -~ , .. ·---,· -.... _ o,. . -:::.~ -·... .!5!. --;:36" .!~._, -·7:-,_ ~.i~ o, l~ ,;!:!, -tt;;:3 ."?~ --;: ,;!'.:., -!~~ '""''°' • I Cornell .t·.~ -.;~ o, Cir. ?!tit 1)11 .~ .... -~ .. o,. ";!2 .~::...-.... .:.::. --:: Rutg1rs ·-~--:r Cir. m• ,..;;,..., "" -. r Sewer Faci lit ies Ciry of Humington Beach S<'wer Lines -0irs.-i.. -Pfft•S.-LN --~-~ N;-,,._c..n.n. c,.c .. u, ... Dl •O..:..- Ffl-f...,...ANucecl HOPE-ttoe,,0..-,~ ~~=-SST-,..,.......$1..,i ~:=..~CFlpo) $1:,p,l . .,_<IILN C0.002•0.HI,) Sewer E ntitles r:~~ci:,--. ,,,_. ■ a ■ ■ PluglC. 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Edinger Ave. Sewer Facilities City of H111ui11g ro11 Beach My!Olf ,. ,.. .. .. ewer Lines SiH a.-.u..,. .. - -GillrS...LN .._...Pi,,,-.S.-LN -C.U..,S...LN -OtietS...LN ,__ Sewe r Enlities c.r-c.o-yc»w 0 0 0 0 - ~ ·.•g~=~ ~ ♦ ♦ ::..., ,~ .::i- ■ " ·--fCPI ___ ) 123 [,Uy---•,n _0opt,.,r.,.. -.,,ru ,weo.,._ --Otrf ...... -c.,- "'"" Vklnll" '.\l a p 138 139 _,_ 148 ! 149 ) ... 158 159 24 25 i R e p ortin g Di strict 149 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 167 417 .l. Meadowlark Golf Course ~»'!.~~v:mi_. !Ui o~·.nr:i 1,·1 ll ,~ i( j • Edmondt Cir, ; ~151!_0 1•h _•ml -,, .. -~ 0 .i ~·~ Sewer Facilities City of H 11111i11g 10 11 Bea ch Mr:01, .. ,. ..... Se wer Lines s... o.-•i-.. - -o.r-i---:::::: [€F-~-- Rl-r---~ l«ft,"9>Doftofy~ S:=?E=-:.::=.°""IP9tl Sewer Entitles Cfr-c.v.y-01.- • 0 0 • . ■ a . . . ~ • • 156 166 l 176 157 - 167 ' l -- 177 158 168 178 R eportin g Di strict 167 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 434 418 Sewer Facilities Ciry of Huntington Beach M)-.-Olf Se wer Lines a.r. o-........ .,_ -- [§re:-~ "".,.,.., ... ~--·ltl;ll>Dr.M:I'~ ~-""'-~ ~-"===-::;:::,ei., ..... ) -----1.N!G.0::C •G.:'l Sewer Entities • • "'41C. 0 \11:<i:lll ♦ ♦ ----.~-(Cfl /lY'00<1t11l-i 1u1,ay---•,.,-c°""9'"l'Nt -P'llrUI OdO:,r,nr., -oc,s-. -co- \icinif\· :\Jap 423 424 425 - 433 J 434 ] 435 - 443 444 445 Reporting Di st rict 434 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 443 419 Sewer Facilities City of Huntington Beach Juy::l!IJ Sewer Lines ...., I>'.,_.,..,,..,._ -cw-u.. ----1.N f~~--- 11 ll ~~~~ ~:=.e:-,-~ --oll.NIC.00:::•0.l'M Sewer Entities et,-eo.,,i,cw.. e O O 0 . . . O O 0 . . . ~ ~ ... -~-fe"I---> ,n '--•-••• \i d nirY :\lap ~:~2 433 434 n 2 1 443 444 L ._ ~:~2 453 454 Repo1 ·tiu g District 443 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 456 420 Sew er F acilitie s City of Huntington Beach Jaly :»19 Sewer Lines Sewer Enritie,s . . ~ . . . D O C uta.t..., -i ~ ~ ... -- ·--p , __ -> 123£.a:,_, __ •,n -~~""""' __ ,0oreo.n.. -.... _..,_, --,C,Qf!G \1dnin· :\fa p 445 446 447 ·-'··- 455 j 456 ' I 4! 465 466 46i Reportin g Di strict 456 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 466 421 Sewer Fac iliti es City of Huntington Beach Jl&ly:01' Sewer Lines 455 -~-IC"•--""1-) -::: _, __ _ \1cinirv:\fap 456 ' 465 j 455 i 4 46 ~ 475 476/ 477 R ep ortin g Distrirt 466 PROJECT BENEFITS • Extends life of sewers 20 years • Prevents Sanitary Sewer Overflows • Increases structural strength of sewers 422 FUNDING/SCHEDULE • Construction Bids Received October 5, 2023 • Current Budget $1,658,000 (Sewer Enterprise Fund) • Request Award to Lowest Bidder – Sancon Technologies, Inc. Total Low Bid = $1,432,642 Total Project Cost including Inspection = $1,648,000 • Recommended Action Accept the lowest responsive bid and authorize execution of construction contract with Sancon Technologies Inc. • Alternative Recommendation Reject Bid • Construction Start January 2024 • Construction Duration 16 weeks 423 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-913 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:John Dettle, Associate Civil Engineer Subject: Award and authorize execution of a construction contract with Vido Artukovich & Son Inc./Vidmar, Inc. A JV, in the amount of $4,193,450 for the Humboldt Sewer Lift Station Replacement Project, CC-1634; and, authorize appropriation of funds Statement of Issue: On October 5, 2023, bids were received electronically for the Humboldt Sewer Lift Station Replacement Project, CC-1634. City Council action is requested to award the construction contract to Vido Artukovich & Son Inc./Vidmar Inc. A JV, the lowest responsive and responsible bidder. Financial Impact: Total project cost, including contingency and supplemental expenses, is estimated at $5,035,000. Funds in the amount of $4,101,918 are available in Sewer Service Fund account 51189017 ($3,401,918) and from Sewer Development Fee Fund account 21089019 ($700,000). Additional funding of $933,082 is required for the project. Staff is requesting the budget shortfall to be funded from the PCH Restroom Sewer Lift Station Project Fund account 51189021.82600.This request is made in order to maintain the required minimum reserve balance in the Sewer Service Fund (511). Funding to replenish the PCH Restroom Sewer Lift Station Project budget will be requested as part of the FY 2024/25 Capital Improvement Program budget process. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Vido Artukovich & Son Inc./Vidmar, Inc. A JV, in the amount of $4,193,450; and, B) Approve a budget transfer of $933,082 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189017.82600 (Humboldt Sewer Lift Station Project) to fully fund the Humboldt Sewer Lift Station Replacement Project; and, C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City of Huntington Beach Printed on 11/1/2023Page 1 of 3 powered by Legistar™424 File #:23-913 MEETING DATE:11/7/2023 City Attorney. Alternative Action(s): Reject all bids, and re-advertise for new construction bids. Analysis: Public Works Engineering and Utilities Divisions are proposing to remove and replace the existing Humboldt Sewer Lift Station due to its age and insufficient wet well capacity. It is located at the southeast corner of Humboldt Drive and Wayfarer Lane, approximately 10 feet west from Humboldt Bridge and was constructed in 1967.The sewer lift station has reached its useful life expectancy and the existing concrete box structure is experiencing structural failures due to immersion in high chloride groundwater environment. The new lift station will predominately be comprised of underground vaults that store and pump sanitary sewage to a higher elevation. The new station and pipeline will convey sewage into the City’s gravity system along Humboldt Drive and ultimately into an Orange County Sanitation District trunk main. The only above ground features will be a transformer and the electrical control cabinets. When completed, the project will provide 50 years of useful life, prevent station failure that cause sewer overflows in Huntington Harbour, and help eliminate sewer odors. The bids were received electronically on October 5, 2023. The verified bid amounts are listed below: Bidding Contractor Bid Amount Submitted Vido Artukovich & Son Inc./Vidmar Inc. A JV $4,193,450 Mehta Mechanical Company, Inc.$4,494,005 RE Chaffee Construction $4,888,503 The apparent lowest bid was submitted by Vido Artukovich & Son Inc./Vidmar Inc. A JV. This firm has previously and successfully completed the Trinidad Lift Station project for the City,and staff has been satisfied with their work. Staff is recommending award of the Humboldt Sewer Lift Station construction contract to Vido Artukovich & Son, Inc./Vidmar Inc. A JV for the amount of $4,193,450. If approved, construction will begin January 2024 for a duration of 13 months. The total estimated construction cost is $5,035,000 which includes the construction contract amount, a 10 percent (10%) contingency, and supplemental expenses, including contracted construction inspection and soils/materials testing. A majority of the project funds are budgeted this fiscal year; however, a budget transfer of $933,082 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) is required to fully fund the project. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. City of Huntington Beach Printed on 11/1/2023Page 2 of 3 powered by Legistar™425 File #:23-913 MEETING DATE:11/7/2023 Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. PowerPoint Presentation City of Huntington Beach Printed on 11/1/2023Page 3 of 3 powered by Legistar™426 Humboldt Lift Station Replacement CC 1634 November 7, 2023 427 BACKGROUND AND PROJECT SCOPE Humboldt Lift Station, located at the southeast corner of Humboldt Drive and Wayfarer Lane, was constructed in 1967. Recent inspections indicate the concrete structure is failing and the wet well capacity is insufficient. This project will replace the existing facility with a new lift station. The new lift station will be predominantly underground, with only control and electrical cabinets above ground. It will have increased wet well capacity and an airtight system to reduce sewer odors. 428 VICINITY MAP - HUMBOLDT ISLAND 429 i I VICINrTY MAP N.T.S. PROJECT LAYOUT 430 PROJECT BENEFITS • Increases lifespan of facility by 50 years • Prevents sewer lift station failures that may result in Sanitary Sewer Overflows (SSOs) into Huntington Harbour • Enlarged wet well affords increased response time to deploy generators during power outages • Airtight system reduces sewer odors 431 SCHEDULE AND FUNDING • Construction Bids Received October 5, 2023 • Current Budget: $4,101,918 (Sewer Funds) • Request Award to Lowest Bidder – Vido Artukovich & Son Inc./Vidmar Inc. A JV • Total Low Bid = $4,193,450 • Total Project Cost with Inspection = $5,035,000 • Recommended Action: Accept the lowest responsive bid and authorize execution of construction contract with Vido Artukovich and authorize a budget revision of $933,082 from the PCH Restroom Sewer Lift Station Project • Construction Start: January 2024 • Construction Duration: 13 months • Alternative Recommendation: Reject All Bids 432 Questions? 433 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-926 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Chris Davis, Senior Management Analyst Subject: Appropriate $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station Statement of Issue: The City operates 15 flood control stations that pump storm water from lower elevations within the City into the flood control channels. The Hamilton Flood Control Station and Slater Flood Control Station experienced damage in the recent storms and require repair in advance of the rainy season. The City Council is requested to appropriate $210,000 from the Drainage Fund (211) to repair the damage to the stations. Financial Impact: Staff requests a budget appropriation of $210,000 from the Drainage Fund unreserved fund balance to business unit 21185201.82500. Recommended Action: Appropriate $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station. Alternative Action(s): Do not appropriate funds for the repair of the Hamilton Flood Control Station and Slater Flood Control Station. Failure to repair these stations may result in flooding of local streets, residences and business in the areas served by these flood control stations during heavy rainfall. Analysis: The City has 15 flood control stations located at low elevation areas prone to flooding during heavy rainfall. These stations pump water from lower elevations to County-owned flood control channels to prevent water from inundating street, residences and business located in the surrounding area. City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™434 File #:23-926 MEETING DATE:11/7/2023 Two of these stations, Hamilton Flood Control Station and Slater Flood Control Station, experienced damage that require immediate repair in order to be operational before the coming rainy season. Hamilton Flood Control Station The Hamilton Flood Control Station is located on Hamilton Avenue, east of Brookhurst Street. During annual summer maintenance on the station, City crews discovered that the right angle gear drive on pump #1 had failed following the last rain event of the season and needs to be replaced as soon as possible. Due to pump #1 being out of service, flood control crews had to compensate during last summer’s Hurricane Hillary and add excess load to pumps #3 and #4. The added load was beyond the capacity of the heat exchangers originally installed on these pumps. Therefore, funding is also included in this request to upsize the heat exchangers. The total cost for the Hamilton Flood Control Station repairs is $120,000. Slater Flood Control Station Slater Flood Control Station is located at the terminus of Slater Avenue near Graham Street. The right-angle gear drive on Pump #1 at the Slater Flood Control Station was damaged when a tire was drawn into the station during last summer’s Hurricane Hillary event, resulting in heavy damage to the internal gears. The total cost for the Slater Flood Control Station repairs is $90,000. Staff has obtained quotes from existing service contracts to make the necessary repairs. Once funding is approved, it is anticipated that repairs will begin immediately and repairs should take approximately sixty (60) days to complete. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Presentation City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™435 Appropriate Funding for Hamilton and Slater Flood Station Repairs City Council Meeting November 7, 2023 436 Background • City has 15 Flood Control Stations to mitigate flood risk in low elevation sections of the City. • Hamilton Station Pump #1 failed after the final rain event of the season. Pumps #3 and #4 heat exchangers were determined to be undersized during the Summer Tropical Storm. • Slater Station ingested a tire causing damage to Pump #1. 437 Hamilton Flood Station Damage 438 Slater Flood Station Damage 439 Requested Action • Estimated cost for repairing both stations = $210,000; Appropriation requested from Drainage Fund (211). • Repairs expected to take 60 days. • Failure to Repair These Stations Increases Flooding Risk to Area Streets, Residences and Business. 440 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-942 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Management Aide Subject: Adopt Resolution No. 2023-58 authorizing the City’s application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program to restore and realign portions of the existing trail at Shipley Nature Center Statement of Issue: Staff requests authorization to apply for grant funds under the Habitat Conservation Fund (HCF) Program to restore and realign portions of the existing trail at the Shipley Nature Center. This request was approved unanimously by the City Council on July 18, 2023 under Resolution 2023-30, which approved the submittal of the grant application. However, the program requires updated verbiage in the Resolution, necessitating its repeal and replacement with the adoption of Resolution 2023-58. Financial Impact: The total estimated project cost, including design and construction, is $766,618. Staff is requesting $383,309 in grant funds from the State Department of Parks and Recreation to restore a trail at the Shipley Nature Center. If awarded a grant, the City will be responsible for providing 50% matching funds totaling $383,309, which staff will request through a separate budget appropriation request at a future City Council meeting. Recommended Action: Adopt Resolution 2023-58 “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program.” Alternative Action(s): Do not adopt the resolution, and direct staff accordingly. Analysis: Background City of Huntington Beach Printed on 11/1/2023Page 1 of 3 powered by Legistar™441 File #:23-942 MEETING DATE:11/7/2023 The people of the State of California enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore and/or develop facilities for public recreation and fish and wildlife habitat protection purposes. The HCF allocates approximately $2 million each year to cities, counties, and districts. Eligible projects include nature interpretation programs to bring urban residents into park and wildlife areas, protection of various plant and animal species, and acquisition and development of wildlife corridors and trails. This year, the HCF has approximately $6.68 million available to award. The program requires all grant award recipients to provide a 50% project cost match. The City is collaborating with Friends of the Shipley Nature Center to submit a grant application to restore the walking/hiking trail at the nature center. The collaboration includes cost sharing to hire a professional grant writer for $9,000 each party or $18,000 total. The Shipley Nature Center Trail Project would be classified as a non-motorized project under the development and rehabilitation of trails, trailside and trailhead facilities category. The project involves the realignment of portions of the existing trail (approximately 850 feet) that is flooded due to high water levels in the adjacent lake. The project will remove invasive plants, clear and grub approximately 0.7 acre of terrain, compact the base material, import approximately 1,800 cubic yards of fill material to elevate the trail, add a trail surface to match existing trail, install trail edge headers, and install trail markers and other signage. The total project cost is $766,618. Recommended Action Staff has prepared a grant application for 50% of the project cost ($383,309). To complete the application, staff is requesting adoption of Resolution 2023-58, “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program” (see Attachment 1). In July 2023, City Council adopted Resolution 2023-30 to apply for these funds; however, the granting agency recently notified staff that the Resolution required additional language in order to meet application requirements. As such, the new, proposed Resolution 2023-58 presented tonight would be used to replace Resolution 2023-30 and would be submitted as part of the grant application. Staff will submit the completed grant application package to the State Department of Parks and Recreation, which plans to announce recommended projects in Winter 2023, with mandatory workshops and grant agreements to be completed in early 2024. If awarded, the grant performance period is 5 years from July 1, 2024 through June 30, 2029. Furthermore, in order to accept the grant funds, the City must commit to matching 50% of the project cost. If awarded, staff will return to City Council at a future date to request sufficient budget appropriation. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: City of Huntington Beach Printed on 11/1/2023Page 2 of 3 powered by Legistar™442 File #:23-942 MEETING DATE:11/7/2023 Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution 2023-58, “A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program” 2. Project Exhibit 3. Presentation City of Huntington Beach Printed on 11/1/2023Page 3 of 3 powered by Legistar™443 444 RESOLUTION NO. 2023-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABIT AT CONSERVATION FUND PROGRAM WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF program, setting up necessary procedures governing Project Application under the HCF program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s); NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: SECTION 1. Approves the filing of an Application for the Habitat Conservation Fund Program; and SECTION 2. Ce1tifies that said Applicant has or will have available, prior to commencement of any work on the Project(s) included in this Application, the required match and sufficient funds to complete the Project(s); and SECTION 3. Ce1tifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and SECTION 4. Ce1tifies that the Applicant has reviewed, understands, and agrees to the. provisions contained in the Contract shown in the Grant Administration Guide; and SECTION 5. Appoints the Director of Public Works or his/her designee as conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project. SECTION 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. SECTION 7. Resolution No. 2023-30 is hereby repealed. 23-11129/311751 445 RESOLUTION NO. 2023-58 PASSED and ADOPTED by the City Council of the City of Huntington Beach at the regular meeting thereof held on the _ day of------~' 2023. REVIEWED AND APPROVED: Mayor City Manager INITIATED AND APPROVED: Director of Public Works APPROVED AS TO FORM: 2 446 RESOLUTION NO. 2023-58 GRANT SCOPE OF WORK The Shipley Trail Project involves the realignment of portions of the existing Shipley Trail that are currently flooded because of the water level at the Blackbird pond raising approximately 2 ft. in the last few years. The Project involves realignment of approximately 850 ft. of trail from Trail Marker 7 to west of Trail Marker 9. The project will consist of the following: 1. Removal of several willow trees, with large branches and trunks that extend several feet from their trunks. The willow trees would have to be removed completdy or cut so the branches no longer infringe upon the proposed trail. 2. The work would also involve the removal of native and non-native vines such as Reed, Brazilian pepper trees and others. Please note that eradication of the plant material outside the trail path has not been added in order to keep the cost reasonable. 3. The work would include the clearing and grubbing of approximately 0.7 acre of terrain along the new proposed trail alignment. 4. Compaction of base material, and impmt of approximately 1800 cubic yards of fill material to elevate the trail above possible flooding stage. 5. Addition of a trail surface to match existing trail (i.e.: wood chips or decomposed granite). 6. Installation of trail edge headers, installation of trail markers and other required sign age. 7. The exact length of trail to be restored must be verified by field measurements. Surveying will be necessary to determine the elevation of the trail relative to the bottom of the pond drain. 3 GO L D E N W E S T S T R E E T 100 FT SLATER CHANNEL SHIPLEY NATURE TRAIL FEBRUARY 2022 Feet GRAPHIC SCALE 200100050 LEGEND: PROPOSED TRAIL SECTION 447 3:1 (H:V} SLOPE NOT TO SCALE OD CHIP lRAIL 2· I 3:1 (H:V} SLOPE NATURAL GROUND 0 Shipley Nature Center Grant Resolution Adopt Resolution 2023-58 November 7, 2023 448 Grant Resolution Adopt Resolution No. 2023-58 authorizing the application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program. The grant will be used to fund a project to realign portions of the trail at the Shipley Nature Center that floods due to high water levels in the adjacent lake. 449 Exhibit 450 t::l!!!!f:;~"~•_,~=~"" -@ SHIPLEY NATURE TRAI L FEa:nl'AA'fm? LEGEND: Fl.DOD Sf AG E o f B !ack l:ird Pood OPENTRAJL CuOSED TRAI L ( ndc!W' r/ Bl ockoo} PROPOSED TilAil.. R AUG /IENT (!) 11RAIL MARKERS Questions? 451 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-941 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:John Nguyen, Senior Traffic Engineer Subject: Approve and authorize execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the implementation of the Countywide Signal Synchronization Baseline Project Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the City of Huntington Beach to build and reset the coordination or “synchronization” baseline of traffic signals for the Orange County’s Signal Synchronization Network (SSN) through the Countywide Signal Synchronization Baseline Project (Project). This agreement clarifies the roles and responsibilities of OCTA, the County, and the cities with respect to execution and delivery of the project funded by OCTA’s Congestion Mitigation and Air Quality (CMAQ) Funding Program. There is no funding obligation for the City to participate, apart from in-house resources (staff time) as needed. Financial Impact: OCTA will be responsible for all project costs.City permit fees will be waived in an annual amount estimated at $300 total. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement No. C-3-2417 Between Orange County Transportation Authority and City of Huntington Beach for Countywide Signal Synchronization Baseline Project”. Alternative Action(s): Deny approval of the project, and forgo participation in the project. Analysis: OCTA’s Measure M2 Regional Traffic Signal Synchronization Program (Project P) has been successful in re-timing over 2,000 signals in Orange County. These efforts have been limited to the major roadways in the County and typically does not include the network of secondary arterials. Over City of Huntington Beach Printed on 11/1/2023Page 1 of 3 powered by Legistar™452 File #:23-941 MEETING DATE:11/7/2023 the past decade, ten major corridors within the City of Huntington Beach have been selected for competitive Project P grant funding to facilitate the synchronization of the traffic signals and update the traffic signal timing parameters. Most of the corridors have been updated multiple times over the past decade. The Baseline project expands the number of corridors to receive regularly updated signal coordination within the City. Previous projects funded through Project P have improved travel times, reduced delays and congestion, and increased the number of successive green lights drivers experience in their daily commutes. However, an arterial corridor experiences the most benefits immediately following a re-timing effort, as it was optimized for the current traffic conditions. With traffic patterns and volumes fluctuating throughout the years since the re-timing efforts, these timing plans become less effective, especially when adjacent, crossing corridors are retimed, resulting in impacts to the progression along the major arterial corridor. Therefore, it is best practice to periodically re-synchronize traffic signals to ensure operational efficiency and adjust for changes in traffic. After a decade of re-timing regional corridors through various individual projects, OCTA aims to build and reset the synchronization baseline for Orange County’s Signal Synchronization Network (SSN) through the Countywide Signal Synchronization Baseline Project (Project). This project would help ensure that the timing of all signals that are part of the SSN are reevaluated on a consistent basis rather than relying on a corridor to be nominated by participating agencies. This effort will also add some corridors that have not been previously eligible for funding because they were essentially secondary arterials. As part of this effort, OCTA has engaged all 34 local cities within the County, the County of Orange, the California Department of Transportation (Caltrans), and the Orange County Fire Authority (OCFA) as participants in this countywide project. The project will achieve the following: 1.Set a countywide signal synchronization baseline by re-timing approximately 2,500 Orange County signals along regionally significant corridors to avoid any crossing coordination. conflicts and ensure signal timing are based on current traffic volumes. 2.Separate Orange County into zones with signals and corridor segments grouped based on traffic progression and to facilitate implementation. 3.Transition from a corridor-based to zone-based approach that is re-timed on a regular basis to minimize conflicts with crossing corridors. Monitor the performance of the signals in the interim and enhance upcoming re-timing efforts to maximize the benefits of the zone-based approach. It should be noted that OCTA will continue to offer annual calls for corridor projects that offer opportunities for signal synchronization (timing changes) and signal capital improvements (equipment and hardware upgrades) under Project P to help ensure that Orange County signals continue to be current with transportation technology. The cooperative agreement describes the duties and responsibilities between OCTA and the City of Huntington Beach on the Project for the next five years. By entering into the cooperative agreement, the City of Huntington Beach would be agreeing to support OCTA’s countywide efforts by providing requested existing traffic signal data and plans, committing staff time to review recommended timing plans, and overall participation to implement the Project. OCTA will be the lead and implementing agency for the Project and as part of this effort, will be procuring and managing a consultant to collect City of Huntington Beach Printed on 11/1/2023Page 2 of 3 powered by Legistar™453 File #:23-941 MEETING DATE:11/7/2023 any traffic data necessary and develop and implement synchronized timing plans. OCTA has secured Congestion Mitigation and Air Quality (CMAQ) funds for the implementation of the project. There is no funding obligation for the City to participate other than in-house resources (staff time) as needed. Public Works Commission Action: None required for this action. Environmental Status: No impact with the approval of the agreement. Any California Environmental Quality Act (CEQA) and environmental analysis will be processed by OCTA. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. “Cooperative Agreement No. C-3-2417 Between Orange County Transportation Authority and City of Huntington Beach for Countywide Signal Synchronization Baseline Project” 2. Presentation City of Huntington Beach Printed on 11/1/2023Page 3 of 3 powered by Legistar™454 455 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2417 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF HUNTINGTON BEACH FOR COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this ___ day of _______ , 2023 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, P.O . Box 14184, Orange California 92863-1584 , a public corporation of the State of California (herein referred to as "AUTHORITY") and the City of Huntington Beach , 2000 Main Street, Huntington Beach, California 92648, a municipal corporation duly organized and existing under the constitution and laws of the State of California ("PARTICIPA Tl NG AGENCY"), each individually known as "Party" and collectively known as "Parties ". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, "PLAN STUDY") in support of the RTSSP and received authorization from the AUTHORITY's Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS , the AUTHORITY secured Congestion Mitigation and Air Quality ("CMAQ") funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, "PROJECT") as presented in the PLAN STUDY; and Page 1 of 10 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant ("CONSULTANT") to implement the PROJECT; and WHEREAS , based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and WHEREAS , the PROJECT will include approximately 2 ,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 74 PARTICIPATING AGENCY-owned and operated signalized intersections will be included as part of the PROJECT; and WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and WHEREAS, the AUTHORITY will enter into a separate cooperative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP ; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS , the PARTICIPATING AGENCY's City Council approved this Agreement on the __ day of ________ , 202 __ . NOW, THEREFORE , it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows: I I I Page 2 of 10 457 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition (s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition (s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. The AUTHORITY's failure to insist on any instance( s) of the PARTICI PA Tl NG AG ENCY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinqu ishment of the AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C . The PARTICIPATING AGENCY's failure to insist on any instance(s) of the AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY's right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. I I I Page 3 of 10 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT ARTICLE 2. SCOPE OF AGREEMENT This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT: A. B. To designate a Project Manager as a single point of contact for the Project. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure , implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the CMAQ funding fo r the PROJECT. C. The AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with the PARTICIPATING AGENCY for the PROJECT. D. The AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours / 7 days automated machine traffic counts with vehicle classification. E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization . F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY. G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report . Page 4 of 10 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 H. COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement. I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT. J . The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed. ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT: A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT's Traffic Forum. B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT. C. The PARTICIPATING AGENCY shall participate and support the PROJECT implementation. D. The PARTICIPATING AGENCY shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data upon request. E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT. I Page 5 of 10 460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 F. COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers. G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSUL TANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager's designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY's Chief Executive Officer or Chief Executive Officer's designee. ARTICLE 6. AUDIT AND INSPECTION PARTICIPATING AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books , accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed , whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of CONSULTANT's final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, reco rds, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY'S contractor. ARTICLE 7. INDEMNIFICATION A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY's sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits , claims , demands, losses, costs , judgments , arbitration awards, settlements , damages , Page 6 of 10 461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY's employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. ARTICLE 8. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall be in full force and effect upon execution by both Parties and continue through December 31, 2028. B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties. I Page 7 of 10 462 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C. COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default. D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party. E. AUTHORITY and Parties shall comply with all applicable federal , state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT. F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted. I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. I Page 8 of 10 463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement. K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses , including attorney's fees, to the prevailing Party. L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To PARTICIPATING AGENCY: To AUTHORITY: City of Huntington Beach Orange County Transportation Authority 2000 Main Street 550 South Main Street Huntington Beach, CA 92648 P. 0. Box 14184 Orange, CA 92863-1584 Attention : Bob Stachelski Attention : Michael Le Transportation Manager Senior Contract Administrator Tel: (714) 536-5523 Tel: (714) 560-5314 Email: bstachelski@.surfcity-hb.org Email : mle1@.octa.net With a Copy that shall not constitute Notice to: CC: Alicia Yang OCT A Project Manager Tel : (714) 560-5362 Email: ayang@octa.net M. Force Majeure : Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause Page 9 of 10 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ l0 COOPERATIVE AGREEMENT NO. C-3-2417 COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing . This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF , the Parties hereto have caused this Agreement No. C-3-2417 to be executed as of the date of the last signature below. CITY OF HUNTINGTON BEACH By: _________ _ Tony Strickland Mayor Dated: _________ _ ATTEST: By: _________ _ Robin Estanislau City Clerk Dated: _________ _ APPROVED AS TO FORM Dated: _________ _ ORANGE COUNTY TRANSPORTATION AUTHORITY By : ___________ _ Meena Katakia Manager, Capital Projects Dated : _________ _ Jame . Donich G eral Counsel Dated : _ __,__7 /4_M_;/2_2 i,<____ ,~· Page 10 of 10 Orange County Transportation Authority Countywide Signal Synchronization Baseline Project 465 PROJECT DESCRIPTION This project aims to build and reset the synchronization baseline for Orange County’s Signal Synchronization Network (SSN) through the Countywide Signal Synchronization Baseline Project (Project). Improvements within Huntington Beach included: • Expansion of arterial street coordination – additional roadways • Updated traffic signal timing on a consistent basis • Update traffic volume counts • Improve traffic delays Orange County Transportation Authority is the Lead Agency • OCTA will manage engineering efforts for the entire county network • Complete project is funded by OCTA • City of Huntington Beach to provide traffic data and approval review 466 PROJECT DESCRIPTION (CONTINUED) Recommended City Council Actions: • Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement No. C-3-2417 Between Orange County Transportation Authority and City of Huntington Beach for Countywide Signal Synchronization Baseline Project” 467 PROJECT COSTS The Orange County Transportation Authority will be responsible for all project costs. City permit fees will be waived in an annual amount estimated at $300 total. 468 Questions? 469 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-841 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Hayden Beckman, Senior Planner Subject: Adopt Resolution No. 2023-51 approving General Plan Amendment No. 21-004; approve for introduction Ordinance No. 4305 approving Zoning Map Amendment No. 21-003; adopt Resolution No. 2023-53 approving Zoning Text Amendment No. 22-005; adopt Resolution No. 2023-52 certifying Environmental Impact Report (EIR) No. 21-004; and,consider appeals by Council Member Burns and Brian Thienes of the Planning Commission’s approval of Conditional Use Permit No. 21-024 (Bolsa Chica Senior Living Community) Statement of Issue: Transmitted for City Council’s consideration is a request by Hines to establish the Bolsa Chica Senior Living Community Specific Plan to enable the redevelopment of an approximately 3.10 acre project site consisting of two parcels into a new five-story 298,000 sq. ft. convalescent facility (at a maximum overall height of 65 ft.) with on-site alcohol sales and consumption. The facility would consist of 202 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a site with an existing grade differential above 3 ft. involving the excavation of more than 25,000 cubic yards of soil. On September 26, 2023, the Planning Commission approved the subject conditional use permit (CUP) and recommended approval of the proposed Specific Plan and associated legislative amendments to the City Council.The CUP was subsequently appealed to the City Council by Council Member Burns and Brian Thienes. The appeal of the CUP and the legislative amendments are presented within this staff report for action by the City Council. Financial Impact: Not applicable. Recommended Action: A) Certify Final Environmental Impact Report No. 21-004 (Attachment No. 16) as adequate and complete in accordance with California Environmental Quality Act (CEQA) requirements by approving City Council Resolution No. 2023-52, “A Resolution of the City Council the City of Huntington Beach City of Huntington Beach Printed on 11/1/2023Page 1 of 7 powered by Legistar™470 File #:23-841 MEETING DATE:11/7/2023 City Council Resolution No. 2023-52, “A Resolution of the City Council the City of Huntington Beach Adopting Environmental Impact Report No. 21-004 for the Bolsa Chica Senior Living Community Project” (Attachment No. 2); and B) Approve General Plan Amendment No. 21-004 and City Council Resolution No. 2023-51, “A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 21-004” (Attachment No. 3); and C) Approve Zoning Map Amendment No. 21-003 and approve for introduction City Council Ordinance No. 4305,“An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Property Generally Located on the Southwest Corner of Warner Avenue at Bolsa Chica Street from CG (Commercial General) to SP-19 (Bolsa Chica Senior Living Community Specific Plan)” (Attachment No. 4); and D) Approve Zoning Text Amendment No. 22-005 and City Council Resolution No. 2023-53, “A Resolution of the City Council of the City of Huntington Beach Adopting Zoning Text Amendment No. 22-005 by Creating the Bolsa Chica Senior Living Community Specific Plan (SP-19) to Apply to Real Property at the Southwest Corner of Warner Avenue at Bolsa Chica Street” (Attachment No. 5); and E) Deny two appeals and uphold the Planning Commission’s approval of Conditional Use Permit No. 21-024 with findings and conditions of approval (Attachment No. 1). Alternative Action(s): The Council may make one of the following alternative motions: 1. Deny General Plan Amendment No. 21-004/Zoning Map Amendment No. 22-003/Zoning Text Amendment No. 22-005/Conditional Use Permit No. 21-024/EIR No. 21-004. 2. Continue General Plan Amendment No. 21-004/Zoning Map Amendment No. 22-003/Zoning Text Amendment No. 22-005/Conditional Use Permit No. 21-024/EIR No. 21-004, and direct staff accordingly. Analysis: A. PROJECT PROPOSAL Applicant: Tom Lawless, Hines, 444 S. Flower Street, Suite 2100, Los Angeles CA 90071 Property Owners: Manny Khoshbin, 18071 Fitch, Suite 100, Irvine CA 92614; and FKOA Warner, LLC, 17280 Hampton Lane, Huntington Beach CA 92649 The project includes the following requests: General Plan Amendment (GPA) No. 21-004 to amend the land use designation of the project City of Huntington Beach Printed on 11/1/2023Page 2 of 7 powered by Legistar™471 File #:23-841 MEETING DATE:11/7/2023 site from Commercial General (CG) to Mixed Use (MU) with a Specific Plan Overlay; Zoning Map Amendment (ZMA) No. 21-003 to amend the zoning designation of the project site from Commercial General (CG) to Specific Plan (SP-19); Zoning Text Amendment (ZTA) No. 22-005 to establish the Bolsa Chica Senior Living Community Specific Plan (BCSLC) for the subject site; Conditional Use Permit (CUP) No. 21-024 to demolish 50,000 sq. ft. of existing commercial space and construct a new five-story 298,000 sq. ft. convalescent facility with on-site alcohol sales and consumption at a maximum overall height of 65 ft., consisting of 202 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a site with a grade differential above three feet that involves the excavation of more than 25,000 cubic yards of soil; and Environmental Impact Report (EIR) No. 21-004 to analyze the potential environmental impacts associated with the proposed project. The proposed EIR, GPA, ZMA, and ZTA are prerequisites to allow the applicant to develop the proposed project. Construction of the project is subject to the approval of a CUP pursuant to the requirements of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and was processed to the Planning Commission along with the other project requests. The staff report for the September 26, 2023 Planning Commission public hearing (Attachment No. 17) provides a more detailed description and analysis of the proposed project. At the September 26, 2023 meeting, the Planning Commission approved CUP No. 21-024 with findings and conditions of approval. Two appeals of the Planning Commission’s approval of CUP No. 21-024 were filed within the 10-day appeal period that ended on October 6, 2023. The appeal of CUP No. 21-024 is presented for Council consideration concurrently with the other applications that make up the project request. B.PLANNING COMMISSION ACTION ON SEPTEMBER 26, 2023 The Planning Commission held a public hearing to consider the proposed project on September 26, 2023. After the staff and applicant presentations, there were a total of 15 public speakers, 6 in favor and 9 opposed, during the hearing. Several speakers were in support of a new senior living community to provide new senior housing opportunities given the present state of the commercial property market. The remainder spoke in opposition to the proposed project, citing concerns regarding the proposed project’s height and location as it pertains to perceived impacts to traffic and neighborhood compatibility. After discussing the height of the project and the scope of the environmental analysis, the Planning Commission voted to recommend approval of the EIR, GPA, ZMA, and ZTA and to approve the CUP. On a motion made by Commissioner Twining and seconded by Commissioner Wood, the Planning Commission voted to approve CUP No. 21-024 and to recommend to the City Council approval of City of Huntington Beach Printed on 11/1/2023Page 3 of 7 powered by Legistar™472 File #:23-841 MEETING DATE:11/7/2023 EIR No. 21-024, GPA No. 21-004, ZMA No. 22-003, and ZTA No. 22-005 by the following vote: AYES: Pellman, Wood, Twining, Acosta-Galvan, Rodriguez, Adam NOES: Kennedy ABSTAIN: 0 ABSENT: 0 MOTION PASSED C. APPEALS Two appeals of the Planning Commission’s approval of the subject CUP were filed on Friday, October 5, 2023 within the 10 day appeal period (Attachments No. 11 and 12). Councilmember Burns cited a desire to have the City Council review and consider all project requests concurrently in his appeal of the Planning Commission’s action on CUP No 21-024. As such, the CUP is presented to the Council for consideration concurrently with the other requests (GPA, ZMA, ZTA and EIR). A second appeal was also filed on October 5, 2023 by Brian Thienes, in a letter prepared by Michael McMahon (Attachment No. 12). The letter outlines multiple comments, including comments on the suggested findings for the Conditional Use Permit, as well as multiple comments that pertain to the Final EIR. Comments on the analysis of the proposed project discussed in the EIR have largely been responded to in the document’s Response to Comments section, which is published online (see Attachment No. 16). In addition, the City’s consultant, LSA, has reviewed the appellant’s comments and provided a response (Attachment No. 13). The appellant’s letter ascertains “specific deficiencies in the findings approved by the Planning Commission” through comments referring to the suggested findings to approve the Conditional Use Permit, specifically the second CUP finding as required by Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 241.10, that the granting of the conditional use permit will not adversely affect the General Plan. The appellant’s comments are outlined in italics and provided with staff responses below. 1. “The findings justifying the foregoing goals and policies are simply conclusory statements, unsupported by substantial evidence in the administrative record, as required by law. The fact is that the Project is not consistent with the overall goals and needs of the community, is not of compatible proportion, scale and character to complement the adjoining uses, does not intensify the use or strengthen the roles of architecture, landscaping, site design and development patterns, and will not provide a housing range that meets diverse economic and social needs or maintain and protect the neighborhood character.” The comment contends that the identified Land Use Element goals and policies as provided in the suggested findings for the proposed project’s consistency with the General Plan are inaccurate and unsupported by the administrative record. While suggested findings are conclusory statements, they are directly supported by the entirety of the administrative record of this project including,but not limited to the staff reports, project plans, draft Specific Plan, the Draft EIR including its appendices, and the Final EIR including the Response to Comments, which have been made publicly available on the City’s website. The comment portends to provide the appellant’s opinion as fact, which is in and of itself unsupported by City of Huntington Beach Printed on 11/1/2023Page 4 of 7 powered by Legistar™473 File #:23-841 MEETING DATE:11/7/2023 portends to provide the appellant’s opinion as fact, which is in and of itself unsupported by evidence. The administrative record for this project is substantial and every processing requirement by law has been met. 2. “Housing Element Goal H1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability. …The Project will not enhance the affordability of existing housing, nor will it provide a site opportunity to develop housing that meets the diverse community needs in terms of housing type and cost.” Goal H1 and Policy H2.1 identified by the above comment are together an appropriate reference from the Housing Element of the General Plan to support approval of the project in that the project increases the housing stock by providing new senior housing units in addition to assisted living units and memory care with special services to meet the diverse needs of the community. The project is an infill project on an underutilized commercial property in response to a community need for additional senior housing opportunities. As seniors make the decision to transition to assisted living communities, existing housing units, particularly single-family residences, in the community may become available, helping to meet the demand for family housing. Further, the proposed project site is located near neighborhood serving commercial uses and services within walking distance for active seniors living at the site as well as workers employed at the facility. The appellant does not provide information on how the referenced policies would not be applicable. 3. “Furthermore, Mr. Thienes objects to the method by which the CUP was approved, specifically consideration of the CUP separately from the General Plan amendment, Zoning Map Amendment, and certification of the EIR. If the CUP were unchallenged, the City Council would be robbed of the availability to modify the findings and conditions while considering the legislative amendments and certification of the EIR. Since no conditions can be placed on legislative amendments, this bifurcated approval method usurps decision making authority that rightly belongs to the City Council. ” Establishment and operation of a convalescent use is subject to the review and approval of a CUP by the Planning Commission pursuant to the proposed specific plan and HBZSO Chapter 241.04. The legislative applications (GPA/ZMA/ZTA/EIR) are subject to the final approval and adoption of the City Council. Accordingly, the suite of entitlement applications that comprise the project proposal were presented to the Planning Commission for review and consideration, and only the Conditional Use Permit was subject to final approval unless appealed to the City Council. The Planning Commission is enabled to render recommendations to the City Council for legislative applications. The process for approval is spelled out in the Huntington Beach City of Huntington Beach Printed on 11/1/2023Page 5 of 7 powered by Legistar™474 File #:23-841 MEETING DATE:11/7/2023 for legislative applications. The process for approval is spelled out in the Huntington Beach Zoning and Subdivision Ordinance and does not include a bifurcated process. No processing violation has occurred as the CUP process to the Planning Commission is a code requirement. In any case, the CUP is being considered by the City Council with the rest of the project applications as part of this request and public hearing. The remaining portions of the appeal letter contain comments and concerns regarding the project’s EIR and are addressed in a memorandum by the City’s environmental consultant LSA (Attachment No. 13). Staff’s recommendation to certify the EIR as adequate and complete is based on the requirements of Section 15151 of the California Environmental Quality Act (CEQA). In addition, the appeal letter does not raise new information that was not previously addressed in the Draft and Final EIR. All findings of the EIR are supported by substantial evidence contained within the administrative record. It should be noted that prior to the publication of the agenda including this staff report, counsel for the appellant requested that the public hearing for the subject project be delayed by 60 - 90 days, as they are “in the process of compiling expert analysis of the project’s significant land use and environmental impacts and require additional time in order to be able to provide the council with this information…”. The Draft EIR for the project was released for public review and comment on May 1, 2023, ending June 15, 2023 and subsequently the Planning Commission public hearing was scheduled on September 26, 2023. As such, the EIR has been available to the public for six months, and the findings for the project have been available since the Planning Commission staff report was published for the September 26th meeting (approximately six weeks). D. STAFF ANALYSIS The staff report for the September 26, 2023 Planning Commission hearing (Attachment No. 17) provides a more detailed description and comprehensive analysis of the proposed project, including the GPA, ZMA, ZTA and EIR requests before the City Council, as well as the CUP that was approved by the Planning Commission. In summary, staff recommends approval of the GPA, ZMA, ZTA, CUP, and EIR based on the following: - EIR No. 21-004 is adequate and complete in that it has identified all potential environmental impacts associated with the project. - All significant environmental impacts which can be feasibly mitigated or avoided have been mitigated or avoided by incorporation of Project Design Features, standard regulatory requirements, and mitigation measures. - The EIR was prepared in compliance with CEQA Guidelines. - The GPA, ZMA, and ZTA are consistent with the General Plan and its goals and policies. - The request will allow development of a new senior living community on the subject site to service senior residents in need of opportunities to age in place with professional care services. - The project will enhance the local economy, create jobs, and provide additional senior housing stock. City of Huntington Beach Printed on 11/1/2023Page 6 of 7 powered by Legistar™475 File #:23-841 MEETING DATE:11/7/2023 Environmental Status: The staff report for the September 26, 2023 Planning Commission public hearing (Attachment No. 17) provides a detailed description and comprehensive analysis of EIR No. 21-004. Staff recommends certification of the EIR because it is adequate and complete in that it has identified all significant environmental effects of the project. All significant environmental impacts which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation of Project Design Features, standard code requirements, and mitigation measures. Lastly, the EIR was prepared in compliance with CEQA Guidelines. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1. Suggested Findings and Conditions of Approval of ZMA 21-003, ZTA No. 22-005, and CUP No. 21-024 2. Resolution No. 2023-52 for EIR No. 21-004 3. Resolution No. 2023-51 for GPA No. 21-004 4. Ordinance No. 4305 for ZMA No. 21-003 5. Resolution No. 2023-53 for ZTA No. 22-005 6. Draft Bolsa Chica Senior Living Community Specific Plan (SP-19) 7. Vicinity Map 8. Existing and Proposed General Plan Land Use Designation Maps 9. Existing and Proposed Zoning Maps 10.Site Plan, Floor Plans, and Elevations received and dated November 18, 2022 11.Appeal Memo from Councilmember Burns received and dated October 5, 2023 12. Appeal Letter from Brian Thienes received and dated October 5, 2023 13. LSA Memorandum Responding to Appellant Comments regarding EIR 14. Project Narrative 15. Draft Mitigation and Monitoring Program 16. Final EIR No. 21-004 (includes Draft EIR, Appendices, Response to Comments, and Errata) not attached but available at <https://www.huntingtonbeachca.gov/government/departments/planning/environmental- 17. Planning Commission Staff Report dated September 26, 2023 18. Public Comment Letter 19. Presentation 20. Communications City of Huntington Beach Printed on 11/1/2023Page 7 of 7 powered by Legistar™476 Attachment No. 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL ZONING MAP AMENDMENT NO. 22-003 ZONING TEXT AMENDMENT NO. 22-005 CONDITIONAL USE PERMIT NO. 21-024 SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 22-003: 1. Zoning Map Amendment (ZMA) No. 22-003 to amend the zoning designation of the +3 acre site from Commercial General (CG) to Specific Plan 19 (Bolsa Chica Senior Living Community Specific Plan) is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan as follows: A. Land Use Element Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A - Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Goal LU-12B – Encourage renovation and revitalization of deteriorating and struggling nonresidential areas and corridors, particularly commercial locations. The Specific Plan designation will be consistent with the approved General Plan land use designations in that its implementation will assist in meeting the overall housing needs of the community and will be compatible in proportion, scale, and character of the surrounding land uses as the proposed project will replace two underutilized commercial properties and will be similar in massing to other multi-story senior living facilities in the City. It will enhance the local economy, provide additional revenue to the City, create jobs, and provide additional attainable senior housing stock. B. Housing Element Goal H1 – Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H1.1 – Preserve the character, scale, and quality of established residential neighborhoods. Policy 2.1 – Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Policy 2.2 – Facilitate the efficient use of land by allowing and encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations. The proposed project is quasi-residential and designed to reflect a traditional style of architecture that is reflective of the City’s beach lifestyle and complements and enhances the surrounding areas. The project includes high quality design, architecture, and materials that is consistent with the overall 477 Attachment No. 1.2 character of the surrounding neighborhoods. Additionally, multiple nearby commercial businesses are within walking distance of the project site, and for those services that aren’t, van services would be provided to residents to access additional adjacent commercial uses including restaurants, medical offices, and pharmacies. 2. ZMA No. 22-003 to change the zoning of the subject site to Specific Plan is compatible with the zoning in the surrounding area because the Specific Plan will establish development standards that are largely consistent with the approved General Plan designation of Commercial General. The subject site is located at a high volume traffic intersection that features commercial zoning on each of the corners, and a mix of commercial and residential zoning districts in adjacent areas. Since the proposed land use under the Specific Plan is quasi-residential, and will be less intense of a use than the existing commercial developments, the project will be compatible with the well-established mix of residential and commercial uses along both Warner Avenue and Bolsa Chica Street corridors. The project will place 98% of employee, resident, and visitor parking in a subterranean garage and will provide building setbacks in excess of those required by the existing base zoning district. Architectural design incorporates varied rooflines, offset building massing, upper story setbacks, and a mix of high quality building materials and landscaping treatments to blend into the surrounding environment. Site planning design incorporates outdoor amenity areas and fire access lanes between the proposed building facades and the adjacent residential and commercial properties to the west and south, respectively. The north and east frontages are buffered by Warner Avenue and Bolsa Chica Street, respectively from adjacent uses. These buffer distances, as well as a new 8 foot high masonry wall along the southern property line works are proposed to mitigate noise from operation of the senior living community. 3. A community need is demonstrated for the change proposed because the Specific Plan designation will allow the development of a new senior convalescent living facility at the subject site tailored to serve the growing demand for housing options for residents aged 55 and older. Data from the 2020 census indicates that 25% of the City’s population is 60 years of age or older, and as the local population ages, the proposed Specific Plan will allow the development of additional senior units in a modern facility with high quality design, architecture, and amenities for residents and their visitors. Further, the Specific Plan will enhance the local economy, provide additional revenue to the City, create jobs, and provide additional senior housing stock. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the Specific Plan designation will implement the proposed Mixed Use General Plan land use designations, and is compatible with the zoning in the surrounding area, and It will allow the development of a modern senior living community of high quality design to serve the expanding population of aging residents and their visitors. It will enhance the local economy, provide additional revenue to the City, create jobs, and provide additional senior housing stock. SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 22-005: 1. Zoning Text Amendment No. 22-005 to establish the Bolsa Chica Senior Living Community Specific Plan (BCSLCSP) includes development standards for height, open space, and convalescent uses on the subject site. ZTA No. 22-005 is consistent with and implements the adopted land use element of the General Plan which include a Specific Plan Overlay for the subject site. ZTA No. 22-005 is consistent with applicable General Plan goals, objectives, and policies and is compatible with surrounding developments as follows: A. Land Use Element 478 Attachment No. 1.3 Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4 - A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4A - Encourage a mix of residential types to accommodate people with diverse housing needs. Goal LU-11B - Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-12B - Encourage renovation and revitalization of deteriorating and struggling nonresidential areas and corridors, particularly commercial locations. ZTA No. 22-005 provides for an infill redevelopment project on an underutilized commercial site that would assist in meeting the overall housing needs of the community. The proposed convalescent facility is compatible in proportion, scale, and character of the surrounding land uses because the proposed building is similar in height and massing to other multi-story senior living facilities adjacent to residential uses and incorporates high quality architectural design. It will enhance the local economy, create jobs, and provide additional senior housing stock. B. Noise Element Goal N-1: Noise-sensitive land uses are protected in areas with acceptable noise levels. Policy N-1B: Incorporate design and construction features into residential, mixed-use, commercial, and industrial projects that shield noise-sensitive land uses from excessive noise. Goal N-2: Land use patterns are compatible with current and future noise levels. Goal N-3B: Prioritize use of site planning and project design techniques to mitigate excessive noise. The use of noise barriers shall be considered a means of achieving the noise standards only after all other practical design-related noise mitigation measures have been integrated into the project. The proposed project would introduce a quasi-residential land use on a property currently developed with commercial office and retail uses. The proposed project’s design incorporates the existing configuration of the project site to maintain acceptable stationary noise levels at existing noise-sensitive land uses by placing outdoor amenities and vehicle parking associated with the use behind or beneath the primary structure so as to attenuate potential off-site noise impacts. Additionally, a new 8-foot high masonry wall would be installed along the project site’s southern boundary and operational noise levels 479 Attachment No. 1.4 would not exceed the City’s exterior daytime or nighttime noise standards as established in the Municipal Code. Further, the use of modern construction methods and materials will reduce vehicle noise from the adjacent roadways, and the building design and siting is proposed to enclose the future residents’ common open space courtyards to minimize any roadway noise from Warner Avenue and Bolsa Chica Street. C. Housing Element Goal H2 - Provide adequate housing sites through appropriate land use, zoning, and specific plan designations to accommodate Huntington Beach’s share of regional housing needs. Policy H2.1 – Provide site opportunities for development of housing that response to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability. ZTA No. 22-005 would also allow a senior living community that is designed to provide a variety of senior unit types to suit different life stages and market segments. In order to create a senior living community that includes high quality design, architecture, and materials that are consistent with the overall character of the surrounding neighborhood, the applicant is proposing development standards that would allow a senior living community that includes independent living units, assisted care units, and memory care units that provide a continuum of care within the same building. A more dense senior living community project enables a modern facility of high quality amenities and services that ensure that residents are provided quality and dependable services and connection to the surrounding community without negatively impacting surrounding uses. 2. ZTA No. 22-005 will enhance the potential for superior urban design in comparison with the development under the base district provisions that would apply if the plan were not approved because it will facilitate a modern facility of high quality amenities and services that ensure that residents are provided quality and dependable services and connection to the surrounding community without negatively impacting surrounding uses. The BCSLC SP will allow a variety of senior living unit types to suit different life stages and market segments. In order to create amenity rich senior housing and a continuum of care, the BCSLCSP includes development standards that would allow a greater floor area ratio and maximum building height compared to what the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) permits in addition to parking requirements based on parking demand specific to the proposed use. 3. Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the BCSLCSP because it will facilitate the provision of senior housing to suit different life stages and market segments consistent with current demand in a single cohesive structure on an underutilized commercial property. A more compact convalescent facility enables the proposed senior living density while providing greater setbacks, landscaping, and adequate public safety access infrastructure. 4. The specific plan includes adequate provisions for utilities, services, and emergency vehicle access. Public service demands will not exceed the capacity of existing and planned systems. FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 21-024: 1. Conditional Use Permit No. 21-024 to demolish 50,000 sq. ft. of existing commercial space and construct a new five-story 298,000 sq. ft. convalescent facility with on-site alcohol sales and consumption at a maximum overall height of 65 ft., consisting of 202 total units, a subterranean parking 480 Attachment No. 1.5 garage, and associated hardscape and landscape improvements on a property with a grade differential above three feet that involves the excavation of more than 25,000 cubic yards of soil will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the new five-story senior living community project is an infill development on two underutilized commercial properties that would assist in meeting the overall housing needs of the community. In addition, the proposed convalescent facility is compatible in proportion, scale, and character of the surrounding land uses because the proposed building is similar in height and massing to other multi-story senior living facilities in the City that are adjacent to residential uses and incorporates high quality architectural design. The project designed reflects a traditional style of architecture that is reflective of the City’s beach lifestyle that complements and enhances the architectural style of the larger surrounding area. A variety of building materials, multilevel rooflines, and varying building setbacks along the Warner and Bolsa Chica frontages are incorporated into the proposed design and are intended to break up the scale and massing of the building. Landscaping includes a variety of tree and plant species and is designed to complement the architecture, frame the building elements, and be consistent with the overall character of the surrounding area. Project implementation would involve approximately 55,000 cubic yards of cut that would be exported offsite, a majority of which is excavation to accommodate the subterranean parking garage. The remaining portions of the site will be more precisely leveled to provide a single level building surface. Lastly, the proposed convalescent facility supports the provision of a mix of housing types that meet the diverse economic, social, and housing needs of the community. 2. The granting of the conditional use permit to demolish 50,000 sq. ft. of existing commercial space and construct a new five-story 298,000 sq. ft. convalescent facility with on-site alcohol sales and consumption at a maximum overall height of 65 ft., consisting of 202 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a property with a grade differential above three feet that involves the excavation of more than 25,000 cubic yards of soil will not adversely affect the General Plan because it is consistent with the Land Use Element designation of MU (Mixed Use) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. 481 Attachment No. 1.6 Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. Goal LU-11B: Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-12B: Encourage renovation and revitalization of deteriorating and struggling nonresidential areas and corridors, particularly commercial locations. The new five-story senior living community project is an infill development on two underutilized commercial properties that would assist in meeting the overall housing needs of the community. In addition, the proposed convalescent facility is compatible in proportion, scale, and character of the surrounding land uses because the proposed building is similar in height and massing to other multi- story senior living facilities in the City that are adjacent to residential uses and incorporates high quality architectural design. The project designed reflect a traditional style of architecture that is reflective of the City’s beach lifestyle that complements and enhances the architectural style of the larger surrounding area. A variety of building materials, multilevel rooflines, and varying building setbacks along the Warner and Bolsa Chica frontages are incorporated into the proposed design and are intended to break up the scale and massing of the building. Landscaping includes a variety of tree and plant species and is designed to complement the architecture, frame the building elements, and be consistent with the overall character of the surrounding area. Lastly, the proposed convalescent facility supports the provision of a mix of housing types that meet the diverse economic, social, and housing needs of the community. Noise Element Goal N-1: Noise-sensitive land uses are protected in areas with acceptable noise levels. Policy N-1B: Incorporate design and construction features into residential, mixed-use, commercial, and industrial projects that shield noise-sensitive land uses from excessive noise. Goal N-2: Land use patterns are compatible with current and future noise levels. Goal N-3B: Prioritize use of site planning and project design techniques to mitigate excessive noise. The use of noise barriers shall be considered a means of achieving the noise standards only after all other practical design-related noise mitigation measures have been integrated into the project. The proposed project would introduce a quasi-residential land use on a property currently developed with commercial office and retail uses. The proposed project’s design incorporates the existing configuration of the project site to maintain acceptable stationary noise levels at existing noise-sensitive land uses by placing outdoor amenities and vehicle parking associated with the use behind or beneath the primary structure so as to attenuate potential off-site noise impacts. Additionally, a new 8-foot high masonry wall would be installed along the project site’s southern boundary and operational noise levels would not exceed the City’s exterior daytime or nighttime noise standards as established in the Municipal Code. Further, the use of modern construction methods and materials will reduce vehicle 482 Attachment No. 1.7 noise from the adjacent roadways, and the building design and siting is proposed to enclose the future residents’ common open space courtyards to minimize any roadway noise from Warner Avenue and Bolsa Chica Street. Housing Element Goal H1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H1.1: Preserve the character, scale, and quality of established residential neighborhoods. Goal H2: Provide adequate housing sites through appropriate land use, zoning, and specific plan designations to accommodate Huntington Beach’s share of regional housing needs. Policy H2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability. Policy 2.2 – Facilitate the efficient use of land by allowing and encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations. The proposed project is designed to reflect a traditional style of architecture tha t is reflective of the City’s beach lifestyle and complements and enhances the surrounding areas. The project includes high quality design, architecture, and materials that is consistent with the overall character of the surrounding neighborhoods. The proposed senior living community would add 202 units of senior living capacity in a facility that includes on-site amenities for residents including recreational areas, exercise areas, dining, and entertainment options that reduce the need for residents to travel off-site. Additionally, multiple nearby commercial businesses are within walking distance of the project site, and for those services that aren’t, van services would be provided to residents to access additional adjacent commercial uses including restaurants, medical offices, and pharmacies. 3. The request to demolish 50,000 sq. ft. of existing commercial space and construct a new five-story 298,000 sq. ft. convalescent facility with on-site alcohol sales and consumption at a maximum overall height of 65 ft., consisting of 202 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a property with a grade differential above three feet that involves the excavation of more than 25,000 cubic yards of soil will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) because the new structure is designed to comply with all Specific Plan development standards, including building setbacks, maximum building height, and on-site parking. The proposed convalescent facility with an ancillary Type 47 ABC alcohol license for residents and guests is allowed in the Bolsa Chica Senior Living Community Specific Plan. Additionally, the project has been designed to accommodate the site’s existing grade and topographical features in a manner that is consistent with the scale and character of the surrounding land uses, and will not result in an adverse impact upon implementation. CONDITIONS OF APPROVAL – CONDITIONAL USE PERMIT NO. 21-024: 1. The site plan, floor plans, and elevations received and dated November 22, 2022 shall be the conceptually approved design with the following modifications: 483 Attachment No. 1.8 a. The adequacy and type of any upper story bird safe window treatments, including, but not limited to, fritted or patterned windows, UV pattern film, window nets and/or window screens shall be reviewed and approved by the Community Development Department. 2. The use shall comply with the following: a. Prior to the sales, service, or consumption of alcoholic beverages, the facility shall obtain an ABC license authorizing alcohol use. (PD) b. An employee of the establishment must monitor all areas where alcohol is served. (PD) c. All areas of the facility where sales, service, and consumption of alcoholic beverages occur shall be equipped with lighting sufficient to power and illuminate and permit the identification of patrons. (PD) d. All alcoholic beverages shall remain within the perimeter of the facility. (PD) e. Consumption of alcoholic beverages by all on-duty employees, including servers, bartenders, management, and supervisory personnel is forbidden. (PD) f. All persons engaged in the sale or service of alcohol shall complete a mandatory Responsible Beverage Service (RBS) training and certification. This shall be required for new employees within 60 days of being hired and for existing employees every 12 months. Training shall be provided by an ABC approved RBS trainer and records of the training must be maintained on-site for review. (PD) g. All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provision, or restrictions prescribed by an agency with jurisdiction over the premise are required as part of the CUP to be followed. (PD) h. The establishment shall employ a video surveillance security system with a minimum of one-month video library recorded to a DVR or Cloud based system. The cameras minimum requirements will be: clear, color, digital and able to record in low light. The business shall ensure all public areas, entrances, exits, parking areas to the front and adjacent to the business are covered by video surveillance. Electronic copies of video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by police personnel conducting investigations. The applicant is required to have someone able to operate the system on duty during all business hours. (PD) 3. The legislative draft Bolsa Chica Senior Living Community as proposed under ZTA No. 22-005 be the conceptually approved language figures, with the following modifications: a. Page 11 – Revise Reference under CEQA Compliance to read “Reference EIR No. 21- 004.” b. Page 18 – Revise second sentence under Section 3.2 to read “The project shall comply with all development standards contained in this section in addition to all standards applicable to development within the Commercial General (CG) zoning district of the Huntington Beach Zoning and Subdivision Ordinance.” 484 Attachment No. 1.9 c. Table 3.1 shall be revised to include a minimum Private Open Space requirement for each type of unit and/or floor plan. d. Section 3.2 Development Standards shall identify that a convalescent land use requires approval of a Conditional Use Permit by the Planning Commission, and include a discussion of any other on-site permitted uses. 4. Comply with all mitigation measures adopted for the project in conjunction with EIR No. 21-004 (Bolsa Chica Senior Living Community Project). 5. Prior to submittal of building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A Lot Line Adjustment shall be processed and approved to adjust underlying property lines on the subject site. 6. Final building permit(s) cannot be approved until the following have been completed: a. All improvements shall be completed in accordance with approved plans, and all Mitigation Measures must be satisfied before issuance of a Certificate of Occupancy. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. d. All Development Impact Fees shall be paid to the Community Development Department (City of Huntington Beach Community Development Department Fee Schedule). (HBZSO Section 254.16). 7. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. 485 Attachment No. 1.10 8. Conditional Use Permit No. 21-024 shall not become effective until General Plan Amendment No. 21-004, Zoning Map Amendment No. 22-003, and Zoning Text Amendment No. 22-005 has been approved by the City Council and is in effect. (HBZSO Section 247.16) 9. Conditional Use Permit No. 21-024 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 10. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 486 487 RESOLUTION NO. 2023-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2022110040) FOR THE BOLSA CHICA SENIOR LIVING COMMUNITY PROJECT WHEREAS, Enviromnental Impact Rep01i No. 21-004, State Clearinghouse #2022110040 ("EIR") was prepared by the Cit; •,c>f Huntington Beach ("City") to address the environmental implications of the proposed Bolsa Chica Senior Living Community Project (the "Project"); and • On November 2, 2022, a Notice of Preparation for the Project was distributed to the State Clearinghouse, other responsible agencies, trustee agencies and interested parties; and • After obtaining comments received in response to the Notice of Preparation, the City completed preparation of the Draft EIR and filed a Notice of Completion with the State Clearinghouse on May 1, 2023; and • The Draft EIR was circulated for public review and comment from May 1, 2023 to June 15, 2023 and was available for review at several locations including Community Development Department, City Clerk's Office, Central Library, and the City's website; and • On _____ , 2023 the Planning Commission held a public meeting on the EIR and certified the EIR as adequate and complete; and WHEREAS, public comments have been r-~ceived on the Draft EIR, and responses to those comments have been prepared and provided to the City Council; and WHEREAS, Public Resources Code 21092.5(a) requires that the City of Huntington Beach provide a written response to any public agency that commented on the Enviromnental Impact Report, and the Response to Comments included in the Final Enviromnental Impact Repmi satisfies this provision; and WHEREAS, the City Council held a public meeting on the EIR on ____ , 2023 and received and considered public testimony. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. Consistent with CEQA Guidelines Section 15132, the Final EIR for the Project is comprised of the Draft EIR and Appendices, the comments received on the Draft EIR, the Responses to Comments (including a list of persons, organizations, and public agencies commenting on the Draft EIR), the Text Changes to the Draft EIR (bound together with the Responses to Comments) and all Community Development Department Staff Reports to the City Council, including all minutes, transcripts, attachments and references. All of the above 488 RESOLUTION NO. 2023-52 information has been and will be on file with the City of Huntington Beach Depaitment of Community Development, 2000 Main Street, Huntington Beach, California 92648. SECTION 2. The City Council finds and certifies that the Final EIR is complete and adequate in that it has identified all significant environmental effects of the Project and that there are no known potential environmental impacts not addressed in the Final EIR. SECTION 3. The City Council finds that although the Final EIR identifies ce1tain significant environmental effects that will result if the Project is approved, all significant effects which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation of project design features, standard requirements, and by the imposition of mitigation measures on the approved Project. All mitigation measures are included in the "Mitigation Monitoring Reporting Program" attached as Exhibit A to this Resolution and incorporated herein by this reference . SECTION 4. The City Council finds that the Final EIR has described reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when these alternatives might impede the attainment of Project objectives. Further, the City Council finds that a good faith eff01t was made to incorp~t8.te alternatives in the preparation of the Draft EIR and that a reasonable range of alternatives was considered in the review process of the Final EIR and ultimate decisions on the Project. SECTION 5. The City Council finds that no "substantial evidence" (as that term is defined pursuant to CEQA Guidelines Section 153 84) has been presented that would call into question the facts and conclusions in the EIR. SECTION 6. The City Council finds that no "significant new information" (as that term is defined pursuant to CEQA Guidelines Section 15088.5) has been added to the Final EIR after circulation of the Draft EIR. The City Council finds that the minor refinements that have been made to the Project as a result of clarifications in the mitigation measures and EIR text do not amount to significant new information concerning the Project, nor has any significant new information concerning the Project become known to the City Council through the public hearings held on the Project, or through the comments on the Draft EIR and Responses to Comments. SECTION 7. The City Council finds that the Mitigation Monitoring Repmting Program establishes a mechanism and procedures for implementing and verifying the mitigations pursuant to Public Resources Code 2108.6 and hereby adopts the Mitigation Monitoring Rep01ting Program. The mitigation measures shall be incorporated into the Project prior to or concurrent with Project implementation as defined in each mitigation measure. SECTION 8. The City Council finds that the Final EIR reflects the independent review and judgment of the City of Huntington Beach City Council, that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained in the Final EIR prior to approving General Plan Amendment No . 21-004, Zoning Map Amendment No. 22-003, and Zoning Text Amendment No. 22-005 (Bolsa Chica Senior Living Community Project). 2 23-13497 /32 l 442 489 RESOLUTION NO. 2023-52 SECTION 9. The City Council finds that the Final EIR serves as adequate and appropriate environmental documentation for the Project. The City Council certifies that the Final EIR prepared for the Project is complete, and that it has been prepared in compliance with the requirements of the California Environmental Quality Act and CEQA Guidelines. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ____ , 2023. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: ITIATED AND APPROVED: City Manager Exhibit A: Mitigation Monitoring Repotiing Program 3 23-13497/321442 490 DR AFT EN VIRO NME NTAL I MPA CT REPO RT AP RIL 2023 BOL SA CH ICA SEN IO R LIVIN G C OMMUNIT Y P ROJEC T HU NTI NGTON BE ACH, CALI FOR NIA Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure 4.1: Aesthetics The proposed project would not result in any significant adverse impacts related to aesthetics. No mitigation is required . 4.2: Air Quality RCMAQ-1 SCAQMD Rule 403. During clearing, grad i ng, earth moving, or excavation operations, excessive Construction During clearing, fugitive dust emissions shall be controlled by regular watering or other dust preventative Contractor/ City of grad i ng, earth measures by using the following procedures, in compliance with South Coast Air Quality Huntington Beach moving, or Management District (SCAQMD) Rule 403 during construction. The applicable Rule 403 excavation measures are as follows: operations . . Apply nontoxic chemical soil stabilizers according to manufacturers' specificat ions to all inactive construction areas (previously graded areas inactive for 10 days or more). . Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving). . Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance w ith the requirements of Californ ia Vehicle Code Section 23114 . . Pave construction access roads at least 100 feet (30 meters) onto the site from the main road. . Reduce traffic speeds on all unpaved roads to 15 miles per hour or less . RCM AQ-2 All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Construction During clearing, Sect ion 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, Contractor/ City of grading, earth regarding the prevention of such material spilling onto public streets and roads . Huntington Beach moving, or excavation operations. RCMAQ-3 Prior to approval of the project plans and specifications, the City of Huntington Beach shall Construction Prior to approval of confirm that the construction bid packages specify: Contractor/ City of the project plans and . Contractors shall use high-volume low-pressure paint appl icators with a minimum transfer Huntington Beach specifications . efficiency of at least 50 percent; • Coatings and solvents that will be utilized have a volatile organic compound content lower than required under SCAQMD Rule 1113; and • To the extent feasible, construction/building materia ls shall be composed of pre-painted materials. RCM AQ-4 The project shall comply with SCAQMD Rule 402. Rule 402 prohibits the discharge of air Construction During construction contaminants or other material from any type of operations, which can cause nuisance or Contractor/ City of of the proposed annoyance to any considerable number of people or to the public or which endangers the Huntington Beach project. comfort or repose of any such persons, or the public. P:\HBC22 01.0l\04.2 -Draft EIR\7.0 MMRP _ 4.10.23.docx «04/10/23 » 7-3 491 BOLSA CHI CA SEN IOR LI VING COMMUNIT Y P RO JECT HUNT IN GTON BEACH , CALIFO RNIA DRAFT ENV I RONMENTAL IMP AC T REPORT APRIL 2023 Table 7 .A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure 4.3 Cultural Resources MM CUL-1 Archaeological Site Monitoring. Prior to the issuance of a grading permit, a City of Huntington Qualified Prior to the issuance Beach-approved archaeologist that meets the Secretary of the Interior's Professional Archaeologist of a grading permit. Qualifications Standards for archaeology shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) for the proposed project. The AMMP shall include protocols for During construction- mitigation of any finds through a Research Design and Recovery Plan outlining significance related ground testing of the inadvertent finds, laboratory analyses, curatorial requirements, and reporting disturbance until the requ i rements . The AMMP shall include language that all work must be stopped within SO feet archaeologist of an archaeological find while the find is assessed by the archaeologist and any Native determines that American monitors . there is a low potential for The City-approved archaeologist shall oversee archaeological monitoring of construction-encountering related ground disturbance. Monitoring shall continue until the archaeologist determines that subsurface there is a low potential for encountering subsurface archaeological, cultural, or tribal cultural archaeological , resources. In the event that archaeological cultural resources are identified during ground-cultural , or tribal disturbing project activities, the protocols outlined in the project's AMMP shall be cultural resources. implemented. 4.4 Energy The proposed project would not result in any significant adverse impacts related to energy. No mitigation is required. 4.5: Geology and Soils MM GE0-1 A City of Huntington Beach {City)-approved Paleontologist shall be retained to observe grading City-approved Prior to the issuance activities during grading or trenching activities that cut into the Pleistocene wave-cut marine Paleontologist/ City of of any perm its. terrace units. Prior to issuance of any permits the Paleontologist shall prepare a Huntington Beach Paleontological Resource Impact Management Plan (PRIMP) to orient the protocols for During grading or monitoring and fossil recovery. trenching activities that cut into the Pleistocene wave-cut marine terrace units. MM GE0-2 The City-approved Paleontologist shall be present at the pre-grade conference and shall City-approved During pre-grade establish procedures for paleontological resource surveillance and procedures for temporarily Paleontologist/ City of conference prior to halting and redirecting work to permit sampling and identification and evaluation of fossils. If Huntington Beach grading operations. the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. Prior to disturbance Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed of previously sediments are being disturbed (8 hours per day during grading or trench ing activities). Once undisturbed 7-4 P:\HBC2201.0l\04.2 -Draft EIR\7.0 MMRP _ 4.10.23.docx «04/10/23» 492 DR A FT EN VI RON MEN T AL IMPACT REPORT AP RIL 2023 8 0LSA CH I CA SEN I OR LIV IN G C OMMUNITY PROJECT HUNTINGTON BEACH, CALIFORN I A Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure the earth moving is 50 percent completed, monitoring may be reduced if no fossils are being sediments. recovered . The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils . Collection and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate remains . If a deposit of micro-vertebrates is discovered, matrix material can be moved off to one side of the grad i ng area to al low for further screening without delaying the developmental work. Collected fossils shall be prepared to the level of identification, and all fossils shall be identified to the most specific taxonomic level possible. All fossils and their contextual stratigraphic data shall go to an institution with a research interest in the materials. A final report that details methods, fossils recovered, and their significance shall be prepared and submitted to the City, the client, and the institution curating the fossils . This document shall also show compliance with any and all requirements . 4.6: Greenhouse Gas Emissions The proposed project would not result in any significant adverse impacts related to greenhouse gas em issions . No mitigation is required . 4.7: Land Use and Planning The proposed project wou ld not result in any significant adverse im pacts related to land use and plann i ng . No mitigation is requ i red . 4.8: Noise SCNOl-1 Prior to issuance of building permits, the City of Huntington Beach (City) Director of City of Huntin gton Prior to the issuance Community Development Department, or designee, shall verify that grading and construction Beach Director of of building permits. plans include the following requirements: Community • Ensure that the greatest distance between noise sources and sensitive receptors during Development construction activities has been achieved. Department, or designee. • Construction equipment, fixed or mobile, shall be equipped with properly operating and maintained noise mufflers consistent with manufacturers' standards . No ise disturbance coordinator. • Construction staging areas shall be located away from off-site sensit ive uses duri ng the later phases of project development. • The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site whenever feasible. • The construction contractor shall use on-site electrical sources to power equipment rather than diesel generators where feasible . P:\HBC2201.01\04.2 -Draft EIR\7.0 MMR P _ 4.10.23 .docx «04/10/23 » 7-5 493 8OLS A CHICA SENIOR L I VING COMMUNITY PRO JECT HUNT I NG T ON B EACH, CALIFOR NIA D RA FT E NVIRONMENTAL I MPACT REPORT APRIL 2023 Table 7 .A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure • All residential units located within 500 feet of the construction site shall be sent a notice regarding the construction schedule . A sign, legible at a distance of 50 feet, shall also be posted at the construction site. All notices and the signs shall indicate the dates and duration of construction activities , as well as provide a telephone number for the "noise disturbance coordinator." • A "noise disturbance coordinator'' shall be established. The disturbance coordinator shall be responsible for respond ing to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e .g., starting too early, bad muffler, etc.) and shall be required to implement reasonable measures to reduce noise levels . All notices that are sent to residential units within 500 feet of the construction site and all signs posted at the construction site shall list the telephone number for the disturbance coordinator. 4.9: Tribal Cultural Resources MMTCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. Approved Native Prior to the A. The Applicant shall retain a Native American Monitor from or approved by the American Monitor commencement of Gabrieleiio Band of M ission Indians -Kizh Nation (K izh Nation) and the Juaneiio Band of any ground- Mission Ind ians -Acjachemen Nation (Acjachemen Nation). The monitors shall be disturbing activities . retained prior to the commencement of any "ground-d isturbing activity" for the subject project at all project locations (i.e ., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground-disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grad i ng, excavat ion , drilling, and trenching. B. A copy of the executed monitori ng agreement shall be submitted to the City prior to the earlier commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-distu r bing activity. C. The monitors shall complete da i ly monitoring logs that will provide descriptions of the re levant ground-d isturbing activities, the type of construction activities performed, locations of ground-d is turb ing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Kizh Nation and the Acjachemen Nation . Monitor logs will identify and describe any discovered TCRs , including but not limited to, Native American cultural and histori cal artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCRs"), as well as any discovered Native American (ancestral) human remains and bu ri al goods . Copies of 7-6 P:\H BC2201.01\04.2 • Draft EIR\7 .0 MMRP _ 4.10.23.docx «04/10/23 » 494 DRAFT ENVIRONMENT AL IMPACT REPORT AP RIL 2023 8OLSA CHICA SENIOR LIVING COMMUNITY PROJECT HU NTIN GTON BEACH , CALIFORN IA Table 7 .A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure monitor logs shall be provided to the Applicant and City upon written request to the Kizh Nation and the Acjachemen Nation. D. On-site tribal monitoring shall conclude upon the latter of the following: (1) written confirmation to the Kizh Nation and the Acjachemen Nation from a designated point of contact for the Applicant that all ground-d isturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh Nation and the Acjachemen Nation to the Applicant and City that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh Nation and Acjachemen Nation TCRs . E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e ., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh Nation and Acjachemen Nation monitor and/or archaeologist. The Kizh Nation and Acjachemen Nation shall recover and retain all discovered TCRs in the form and/or manner the tribal groups deem appropriate and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes . MMTCR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects. Construction During construction A. Native American human remains are defined in Public Resources Code (PRC) 5097.98 Contractor and County activities. (d)(l) as an inhumation or cremation, and in any state of decomposition or skeletal Coroner completeness. Funerary objects, called associated grave goods in PRC Section 5097.98, are also to be treated according to this statute. 8. If Native American human remains and/or grave goods are discovered or recognized on the project site, then all construction activities shall immediately cease . Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the Coroner has determined the nature of the remains. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC), and PRC Section 5097.98 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California PRC Sections 5097.98(d)(l) and (2). D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh Nation P:\HBC2201.01\04.2 -Draft EIR\7 .0 MMRP _ 4.10.23.docx «0 4/10/23» 7-7 495 80LSA CHICA SEN IOR LIVING CO MMUNITY PROJECT H UNTINGTON BEACH , CALIFORNI A DRA FT E NVIRONMENTAL IMPACT REPORT APRIL 2023 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures and Acjachemen Nation monitors determine that resum i ng construction activities at that distance is acceptable and provides the project manager express consent of that dete r mination (along with any other mitigation measures the Kizh Nation and Acjachemen Nation monitors and/or archaeolog ists deems necessary). (CEQA Guidel ines Section 15064.S(f).) E. Preservation in place (i.e ., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods . Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, su ch as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes . F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance . Responsible Party/ Approving Agency MM TCR-3 Procedures for Burials and Funerary Remains. Kizh Nation A. If the Native American Heritage Commiss ion designates the Kizh as the Most Likely Descendant ("MLD ") for any human remains discovered or recognized on the project site, the Koo-nas-gna Burial Policy shall be implemented . To the Kizh Nation, the term "human remains" encompasses more than human bones . In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created . C. The prepared soil and cremation so il s are to be treated in the same manner as bone fragments that remain i ntact. Assoc ia ted funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with in dividual human remains either at the time of death or later; other items made exclusively for burial purposes or to conta in human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials . D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be Timing for Mitigation Measure During construction activities . 7-8 P:\HBC2201.01\04.2 -Draft EIR\7 .0 MMRP _ 4.10 .23 .docx «04/10/23 » 496 D RA FT EN VI RONME NT A L IMPACT R EP ORT A PR IL 2 023 8 0LSA CH I CA SEN IOR LI VIN G CO MMU NI TY PROJECT H U NTI N GT ON BEA CH, C ALIFO RNIA Tab le 7.A: Mitigat ion and Monitoring Report ing Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure posted outside of working hours. The Kizh Nation will make every effort to recommend diverting the project and keeping the rema i ns in situ and protected . If the project cannot be diverted, it may be determined that burials will be removed . E. In the event that preservation in place is not possible despite good faith efforts by the project applicant/ developer and/or landowner, before ground-d isturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburia l of the human rema i ns and/or ceremon ial objects. F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patri mony will be removed to a secure container on site if possible . These items should be retained and r eburied within 6 months of recovery . The site of reburial/ repatriati on shall be on the project site but at a location agreed upon between the Kizh Nation and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered . G. The Kizh Nation w ill work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Kizh Nation, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches . All data recovery-related forms of documentation shall be approved in advance by the Kizh Nation . If any data recovery is performed, once complete, a final report shall be submitted to the Kizh Nation and the NAHC . The Kizh Nation does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human rema i ns . 4.10: Utilities and Service Systems The proposed project would not result in any sign if icant adverse impacts related to utilities and serv ice systems . No mitigation is required. P:\HBC2201.01\04.2 -Dra ft EIR\7 .0 MMRP _ 4.10.23 .docx «04/10/23» 7-9 497 BOLS A CHICA SE NIOR LI VING C OMMU NIT Y P ROJ ECT HUNT INGTON B EA CH , C ALIFORNIA D RAFT EN V IRO NM ENTAL I MPACT REPORT APRIL 2023 Tab le 7.8: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure Aesthetics SC AES-1 Photometric Plan. Prior to issuance of any building permits, the project Applicant shall Qualified Engineer/ City Prior to the issuance prepare a photometric plan for review and approval by the City of Huntington Beach (City) of Huntington Beach of any building Director of Community Development, or designee. The photometric plan shall be prepared by Director of Community permits. a qualified engineer and shall demonstrate, to the extent feasible, that the intensity and Development, or direction of all onsite outdoor lighting minimize spillage and glare onto adjacent properties. designee Agriculture and Forestry Resources The proposed project would not require any standard conditions related to agriculture and forestry . Biological Resources SC BI0-1 Compliance with Migratory Bird Treaty Act (MBTA). Tree and vegetation removal shall be Qualified Biologist/ Prior to tree and restricted to outside the active nesting season (February 1 through August 31). If construction City of Huntington vegetation remova l if is proposed between February 1 and August 31, a qualified biologist famil iar with local avian Beach Director of such removal is species and the requirements of the MBTA and the California Fish and Game Code shall Community proposed between conduct a pre-construction survey for nesting birds no more than 3 days prior to Development, or February 1 and August construction. The survey shall include the entire area that will be disturbed . For any active designee 31. nest(s) identified, the qualified biologist shall establish an appropriate buffer zone around any active nest(s). The appropriate buffer shall be determined by the qualified biologist based on species, location, and the nature of the proposed act ivities. Project activities shall be avoided within the buffer zone until the nest is deemed no longer active, as determined by the qualified biologist. Cultural Resources SC CUL-1 Human Remains. In the event that human remains are encountered on the project site, work Construction Prior to issuance of within 50 feet of the discovery shall be redirected and the County Coroner notified Contractor and County grading permits. immediately consistent with the requirements of California Code of Regulations (CCR) Section Coroner/ City of 15064.5(e). State Health and Safety Code Section 7050 .5 states that no further disturbance Huntington Beach During construction shall occur until the County Coroner has made a determination of origin and disposition Director of Community activities. pursuant to Public Resources Code (PRC) Section 5097 .98. If the remains are determined to Development, or be Native American, the County Coroner shall notify the Native American Heritage designee Comm ission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the City of Huntington Beach (City), the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and non-destructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City shall consult with the MLD as identified by the NAHC to develop an agreement for 7-10 P:\HBC2201.0l\04.2 -Draft EIR\7 .0 MMRP _ 4.10.23.docx «04/10/23» 498 --------------------------------------------------- D RAFT EN VI RONMENT A L IM PA CT REP O RT A PRI L 2023 BOLSA CH I CA SENIOR LIVING COMMUN IT Y P RO JECT HU NTINGTO N BEACH , C A LIFO RN I A Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure treatment and disposition of the remains. Prior to the issuance of grading permits, the City Director of Community Development, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050 .5, and PRC Section 5097 .98, as stated above . Geology and Soils SC GE0-1 Compliance with the Recommendations in the Project Geotechnical Investigation Report. Construction Prior to issuance of The Construct ion ·contractor shall implement the recommendations of the Geotechnical Contractor and Project building permits. Investigation Report prepared for the project and applicable sections of the most current Soil Engineer/ City of California Building Standards Code, the Uniform Building Code (UBC), and the Huntington Huntington Beach During construction Beach Building and Construction Code. Prior to issuance of building permits for the project, activities. the Project Soil Engineer shall review the building plans to verify that the structural design conforms to the requirements of the Geotechnical Investigation Report, the UBC, and the Huntington Beach Building and Construction Code. Hazards and Hazardous Materials SC HAZ-1 Soil Management Plan . The Construction Contractor shall implement the Soil Management Construction During excavation and Plan prepared for the project during excavation and soil-disturbing activities. The handling of Contractor/ City of soil disturbing any impacted material observed during site grading and excavation shall be handled in Huntington Beach activities. accordance with the guidelines provided in the Soil Management Plan and in accordance with Director of Community all applicable transportation and disposal regulations. Development, or designee SC HAZ-2 Asbestos and Lead-Based Paint Survey. Prior to initiation of construction activities on the Qualified Asbestos and Prior to initiation of project site a thorough asbestos and lead-based paint survey of the two existing buildings on Lead-Based Paint construction activities. site shall be conducted by a qualified professional. If asbestos and/or lead-based paint are Professional/ City of detected during the survey, abatement and removal procedures in accordance with local and Huntington Beach During demolition of state regulations shall be followed during demolition of the build i ngs. Director of Community buildings. Development, or designee P:\HBC2201.01\04.2 -Draft EIR\7.0 MMRP _ 4.10.23.docx «04/10/23 » 7-11 499 BO LSA CH I CA SEN IOR L IVI NG COMMUNITY PROJECT H UNTINGTON BE ACH, CALIFORN IA DR AFT E NVIRONM ENTAL IMP A CT REPORT APRIL 2023 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Hydrology and Water Quality SC WQ-1 Construction General Permit. Prior to issuance of a grading permit, the project Applicant shall obtain coverage under the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No . 2009-0009 -DWQ, Nat ional Pollutant Discharge Elimination System No . CAS000002, as amended by Orders No. 2010-0014-DWQ and 2012-0006-DWQ) (Construction General Permit). This shall include submission of Permit Registration Documents (PRDs), including a Notice of Intent for coverage under the permit to the State Water Resources Control Board (SWRCB) via the Stormwater Multiple Application and Report Tracking System (SMARTs). The project Applicant shall provide the Waste Discharge Identification Number (WDID) to the Director of the City of Huntington Beach (City) Public Works Department, or designee, to demonstrate proof of coverage under the Construction General Perm it. Project construction shall not be initiated until a WDID is received from the SWRCB and is provided to the Director of the City's Public Works Department, or designee . A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the proposed project in compliance with the requirements of the Construction General Permit. The SWPPP shall identify construction best management practices (BMPs) to be implemented to ensure that the potential for soil erosion and sedimentation is minimized and to control the discharge of pollutants in stormwater runoff as a result of construction activities . Upon completion of construction and stabilization of the site, a Notice of Termination shall be submitted via SMARTs. SCWQ-2 SCWQ-3 7-12 Erosion and Sediment Control Plan. In compliance with the requirements ofTitle 17 Buildings and Construction, Chapter 17.05 Grading and Excavation Code , subsection 17.05.320 Erosion Control Plans of Huntington Beach Municipal Code, the project Applicant shall submit a grading plan and erosion control plan to the Di rector of the City Public Works Department, or designee, for rev i ew and approval prior to issuance of a grading permit. The project App licant shall also submit eros ion and sediment control plans annually to the Director of the City Publ ic Works Department, or designee, for review and approval by September 15th of each year duri ng construction. Water Quality Management Plan. Prior to the issuance of grading or building permits, the project Applicant shall subm it a Final Water Quality Management Plan (WQMP) to the City Engineer, or designee, for review and approval in compliance with the requirements of the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County (Order No . RB-2009-0030, NPDES No. CAS618030, Responsible Party/ Approving Agency Applicant/ Director of the City of Huntington Beach Public Works Department, or designee Applicant/ Director of the City of Huntington Beach Public Works Department, or designee Applicant/ City Engineer, or designee Timing for Compliance Measure Prior to issuance of grading permit and initiation of construction activities . Prior to issuance of grading permit. September 15th of each year during construction. Prior to the issuance of grading or building permits. P:\HBC2201.01\04.2 -Draft EIR\7.0 MMRP _ 4.10.23.docx «04/10/23» 500 D RAFT EN VI RONMENT AL I MPACT REPORT A PRIL 2023 ------------ 80LSA CH ICA SENIO R LI V ING C OMM U NI TY PROJECT HU NT IN GTON BE ACH, C ALIFORNIA Table 7.B: Standard Conditions as Specified in the In itia l Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure as amended by Order No. RS-2010-0062) (North Orange County MS4 Permit). The Final WQMP shall be prepared consistent with the requirements of the Technical Guidance Document for Water Quality Management Plans (December 2013) and the Water Quality Management Plan template, or subsequent guidance manuals . The Final WQMP shall specify the BMPs to be incorporated into the project des ign to target pollutants of concern in runoff from the project area . The City shall ensure that the BMPs specified in the Final WQMP are incorporated into the final project design. SCWQ-4 Final Hydrology Study. The project Appl icant shall submit a Final Hydrology Study to the City Applicant/ City Prior to issuance of a Engineer, or his/her designee, for review and approval prior to issuance of a building permit. Engineer, or designee building permit. The Final Hydrology Study shall be prepared consistent with the requirements of the Orange County Hydrology Manual (Orange County Environment Agency 1986) and Orange County Hydrology Manual Addendum No . 1 {Orange County Environment Agency 1996), or subsequent gu i dance manuals . The Final Hydrology Study shall demonstrate that the on-site dra inage facilities are designed and adequately sized to accommodate stormwater runoff from the project. The City Engineer, or designee , shall ensure that the drainage facilities specified in the Final Hydrology Study are incorporated into the final project design. Mineral Resources The proposed project would not require any standard conditions related to mine r al resources . Noise The proposed project would not require any standard conditions related to noise and vibration. Population and Housing The proposed project would not require any standard conditions related to population and housing. Public Services SC PS-1 Payment of Fire Facilities Development Impact Fee. Prior to issuance of build i ng perm its , the Applicant/ City of Prior to issuance of City of Huntington Beach (City) Di rector of Community Development, or designee, shall Huntington Beach building permits . confirm that the project Applicant has paid all requ i red Fire · Facilities Development Impact Director of Community Fees in accordance with Chapter 17.74.040, Fire Facilities Development Impact Fee , of the Development, or Huntington Beach Municipal Code . designee SC PS-2 Payment of Police Facilities Development Impact Fee. Prior to issuance of building permits, Applicant/ City of Prior to issuance of the City Di rector of Community Development, or designee, shall confirm that the project Huntington Beach bu i lding permits. Applicant has paid all required Pol ice Fac i lities Development Impact Fees in accordance with Director of Community Chapter 17.75.040, Police Facilities Development Impact Fee, of the Huntington Beach Development, or Municipal Code. designee P:\HBC2201.01\04.2 -Draft EIR\7.0 MMRP _ 4.10.23 .docx «04/10/23» 7-13 501 8 0 LSA CHI CA SE NIOR LIV IN G C OMMUN I TY PROJE CT H UNTING T ON B EACH, C ALI FO RNIA D RAFT E NVIRONM ENTAL I MPACT RE PO RT APR IL 2 023 Tab le 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure SC PS-3 Payment of School Development Fee. Prior to issuance of building permits, the project Applicant/ City of Prior to issuance of Applicant shall submit proof to the City Director of Community Development, or designee, Huntington Beach building permits. that payment of applicable school facility development fees to the Ocean View Schoo l District Director of Community and the Huntington Beach Union High School District has been made in compliance w ith Development, or Section 65995 of the California Government Code . designee SC PS-4 Payment of Park Impact Fee . Prior to the issuance of building permits, the City Director of Applicant/ City of Pr ior to issuance of Commun ity Development, or designee, shall confirm that the project Applicant has pa id all Huntington Beach building permits. required park i n-lieu/park impact fees as established in Chapter 17 .76 .040 of the Huntington Director of Commun ity Beach Municipal Code. Development, or designee SC PS-S Payment of Library Impact Fee . Pr i or to the issuance of building permits, the City Director of Applicant/ City of Prior to issuance of Commun ity Development, or designee, shall confirm that the project Applicant has paid all Huntington Beach building permits . requ i red Library Impact Fees as established in Sect ion 17 .67 of the Huntington Beach Director of Community Municipal Code . Development, or designee Recreation The proposed project would not require any compliance measures related to recreation. Transportation The proposed project would not require any compliance measures re lated to transportation . Utilities and Service Systems SC UTL-1 Sewer Feasibility Study. Prior to issuance of a grading or building permit, the project Applicant Qual ified Civil Prior to issuance of shall subm it a Sewer Feasibility Study prepared by a qualified civil engineer to the City of Engineer/ City of grading or building Huntington Beach City Engineer, or designee, for review and approval. The Sewer Feasibility Huntington Beach perm its . Study shall include a rev iew of the existing sewer system that would serve the project site to City Engineer, or confirm that it has available capacity to accept the wastewater flow generated by the proposed designee project's uses . Any requi r ed improvements shall be identified in the Sewer Feasib i lity Study. The ana lysis, conclusions, and recommendations in the Sewer Feasibility Study shall be based on final design plans and shall be consistent with all applicable City requirements. In the event that the Sewer Feasibility Study i dentifies insufficient sewer capacity to serve the proposed project, the project Appl icant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity. Wildfire The proposed project would not require any standard conditions related to wildfire . 7-14 P:\HBC220 1.0 1\04.2 - D raft EIR\7.0 MMRP _ 4.10.23.do cx «04/10/23» 502 D RAF T EN VIRONMENTAL IMPACT REPORT APRIL 2023 BO LSA CHICA SENIOR LIVING COM M UN ITY PROJECT H UNTIN GTO N BEACH, C ALIFORNIA Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure 4.1: Aesthetics The proposed project would not result in any significant adverse impacts related to aesthetics. No mitigation is required. 4.2: Air Quality RCM AQ-1 SCAQMD Rule 403. During clearing, grading, earth moving, or excavation operations, excessive Construction During clearing, fugitive dust emissions shall be controlled by regular watering or other dust preventative Contractor/ City of grading, earth measures by using the following procedures, in compliance with South Coast Air Quality Huntington Beach moving, or Management District (SCAQMD) Rule 403 during construction . The applicable Rule 403 excavation measures are as follows : operations . . Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previ ously graded areas inactive for 10 days or more). . Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving). . Cover all trucks hauling dirt, sand , soil, or other loose materials, or mainta i n at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114 . • Pave construction access roads at least 100 feet (30 meters) onto the site from the main road. • Reduce traffic speeds on all unpaved roads to 15 miles per hour or less . RCM AQ-2 All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Construction During clearing, Section 23114, with special att_ention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, Contractor/ City of grading, earth regarding the prevention of such material spilling onto public streets and roads . Huntington Beach moving, or excavation operations. RCM AQ-3 Prior to approval of the project plans and specifications, the City of Huntington Beach shall Construction Prior to approval of confirm that the construction bid packages specify : Contractor/ City of the project plans and . Contractors shall use high-volume low-pressure paint applicators with a minimum transfer Huntington Beach specifications. efficiency of at least SO percent; • Coatings and solvents that will be utilized have a volatile organic compound content lower than required under SCAQMD Rule 1113; and • To the extent feas i ble, construction/building materials shall be composed of pre-pa i nted materials. RCMAQ-4 The project shall comply with SCAQMD Rule 402 . Rule 402 prohibits the discharge of air Construction During construction contaminants or other material from any type of operations, which can cause nuisance or Contractor / City of of the proposed annoyance to any considerable number of people or to the public or which endangers the Huntington Beach project. comfort or repose of any such persons, or the public. P:\HBC2201.01\04.2 -Draft EIR\7 .0 MMRP _ 4.10 .23.docx «04/10/23» 7-3 503 8 0 LS A C HICA SE NIOR LI VI NG C OM MU NITY P ROJECT H UNTINGTON B EACH, C ALIFORN I A D RAFT E NV I RONMENTA L IMPACT RE POR T APRIL 2 0 23 Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure 4.3 Cultural Resources MM CUL-1 Archaeological Site Monitoring. Prior to the issuance of a grading permit, a City of Huntington Qualified Prior to the issuance Beach-approved archaeologist that meets the Secretary of the Interior's Professional Archaeologist of a grading perm it. Qualifications Standards for archaeology shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) for the proposed project. The AMMP shall include protocols for During construction- mitigation of any finds through a Research Design and Recovery Plan outl ining significance related ground testing of the i nadvertent finds, laboratory analyses, curatorial requirements, and reporting disturbance until the requ irements . The AMMP shall include language that all work must be stopped within SO feet archaeologist of an archaeological find while the find is assessed by the archaeologist and any Native determines that American monitors. there is a low potential for The City-approved archaeologist shall oversee archaeo logical monitoring of construction-encountering related ground disturbance . Monitoring shall continue until the archaeologist determines that subsurface there is a low potential for encountering subsurface archaeological, cultural , or tribal cultural archaeological , resources . In the event that archaeo logical cultural resources are identified durin g ground-cultural, or tribal disturbing project act ivities, the protocols outlined in the project's AMMP shall be cultural resources. implemented. 4 .4 Energy The proposed project would not result in any significant adverse impacts related to energy. No mitigation is required . 4.5: Geology and Soils MM GE0-1 A City of Huntington Beach (City)-approved Paleontologist shall be retained to observe grading City-approved Prior to the issuance activities during grading or trenching activities that cut into the Pleistocene wave-cut marine Paleontologist/ City of of any permits. terrace units . Prior to issuance of any permits the Paleontologist shall prepare a Hunti ngton Beach Paleontological Resource Impact Management Plan (PRIMP) to orient the protocols for During grading or monitoring and fossil recovery. trenching activities that cut i nto the Pleistocene wave-cut marine terrace units. MM GE0-2 The City-approved Paleontologist shall be present at the pre-grade conference and shall City-approved During pre-grade establish procedures for paleontological resource surveillance and procedures for temporarily Paleontologist/ City of conference prior to halting and redirecting work to permit sampling and identification and evaluation of fossils . If Huntington Beach grading operations. the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage . Pr i or to disturbance Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed of previously sediments are being disturbed (8 hours per day during grading or trenching activities). Once undisturbed 7-4 P:\HBC2201.01\04.2-Draft EIR\7 .0 MMRP _ 4.10.23.docx «04/10/23» 504 D RAFT EN VIRONMENTAL I MPACT REP ORT APRIL 2023 B OLSA CHICA S EN IO R LI VING C OMM UN ITY P ROJE CT HU NT IN GTON BEACH , CA LIFORNIA Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure the earth moving is 50 percent completed, monitoring may be reduced if no foss il s are being sediments. recovered . The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils. Collect ion and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate rema i ns. If a deposit of micro-vertebrates is discovered, matrix materia l can be moved off to one side of the grading area to allow for further screening without de laying the developmental work. Collected fossils shall be prepared to the level of identification, and all fossils shall be identified to the most specific taxonomic level possible . All fossils and their contextual stratigraphic data shall go to an institution with a research interest in the materials . A final report that details methods, fossils recovered, and their significance shall be prepared and submitted to the City, the client, and the institution curating the fossils . Th is document shall also show compliance with any and all requirements . 4.6: Greenhouse Gas Emissions The proposed project would not result in any significant adverse impacts related to greenhouse gas emissions . No mitigation is required. 4 .7: Land Use and Planning The proposed project would not result in any significant adverse impacts related to land use and planning . No mitigation is required. 4.8: Noise SCNOl-1 Prior to issuance of building permits, the City of Huntington Beach (City) Director of City of Huntington Prior to the issuance Community Development Department, or designee, shall verify that grading and construction Beach Director of of building permits. plans include the following requirements : Community Ensure that the greatest distance between noise sources and sensitive receptors during Development • Department, or construction activities has been achieved . designee. • Construction equipment, fixed or mobile, shal l be equipped with properly operating and maintained no ise mufflers consistent with manufacturers' standards. Noise disturbance coordinator. • Construction staging areas shall be located away from off-site sensitive uses during the later phases of project deve lopment. • The construct ion contractor shall place all stationary construction equipment so that emitted noise is directed away from sens itive receptors nearest the project site whenever feasible. • The construction contractor shall use on-site electrical sources to power equipment rather than diesel generators where feasible . P:\HBC2201.0l\04.2 -Draft EIR\7.0 MMRP _ 4.10.23 .docx «04/10/23» 7-5 505 B OLSA CHICA SENIOR LIV I NG CO MMUN IT Y P ROJECT H UNTINGTON B EACH, CALIFOR NIA DRAFT E NVIR O NMENTAL I MPACT REPORT APRI L 2023 Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure • All residential un its located within 500 feet of the construction site shall be sent a notice regarding the construction schedule . A sign , legible at a distance of 50 feet, shall also be posted at the construction site . All notices and the signs shall indicate the dates and duration of construction activities , as well as provide a telephone number for the "noise disturbance coordinator." • A "noise disturbance coordinator" shall be established. The disturbance coord i nator shall be responsible for responding to any local complaints about construct ion noise . The disturbance coordinator shall determine the cause of the noise complaint (e .g., starting too early, bad muffler, etc .) and shall be required to implement reasonable measures to reduce noise levels . All notices that are sent to residential units within 500 feet of the construction site and all signs posted at the construction site shall list the telephone number for the disturbance coordinator. 4.9: Tribal Cultural Resources MM TCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. Approved Native Pr ior to the A. The Applicant shall retain a Native American Mon itor from or approved by the American Monitor commencement of Gabrielefio Band of Mission Indians -Kizh Nation (Kizh Nation) and the Juanefio Band of any ground- M ission Indians -Acjachemen Nation (Acjachemen Nation). The monitors shall be disturbing activities. retained prior to the commencement of any "ground-disturbing activity" for the subject project at all project locations (i.e ., both on-site and any off-site locations that are included i n the project description/definition and/or required in connection with the project, such as public i mprovement work). "Ground-disturbing activity(' shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grad i ng, excavation, drilling, and t renching. B. A copy of the executed monitoring agreement shall be submitted to the City prior to the earlier commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing act ivity. C. The monitors shall complete daily mon itori ng logs that will provide descriptions of the relevant ground-distu r bing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cu ltural-related materia ls, and any other facts, conditions, materials, or discoveries of significance to the Kizh Nation and the Acjachemen Nation . Monitor logs will identify and describe any discovered TCRs , including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCRs "), as well as any discovered Native American (ancestra l) human remains and burial goods . Copies of 7-6 P:\HB C2201.01\04.2 -Draft EIR\7 .0 MMRP _ 4.10.23.docx «04/10/23» 506 D RAFT E NVIRONMENTA L I MPACT REPORT APRIL 2023 8OLSA C HICA SEN IO R L I VING COMMUNITY P ROJE CT H UN T INGTON B EACH , C ALIFORNIA Table 7 .A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure monitor logs shall be provided to the Applicant and City upon written request to the Kizh Nation and the Acj achemen Nation . D. On-site tribal monitoring shall conclude upon the latter of the following : (1) written confirmation to the Kizh Nation and the Acjachemen Nation from a designated point of contact for the Applicant that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh Nati on and the Acjachemen Nation to the Applicant and City that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh Nation and Acjachemen Nation TCRs. E. Upon discovery of any TCRs, all const ruction activities in the i mmediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh Nation and Acjachemen Nation mon itor and/or archaeologist. The Kizh Nation and Acjachemen Nation shall recover and retain all discovered TCRs i n the form and/or manner the tribal groups deem appropriate and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes . MMTCR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects. Construction During construction A. Native American human remains are defined in Public Resources Code (PRC) 5097 .98 Contractor and County activities. (d)(l) as an inhumation or cremation, and in any state of decomposition or skeletal Coroner completeness. Funerary objects, called associated grave goods in PRC Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then all construction activities shall immediately cease . Health and Safety Code Section 7050 .5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immed i ately halt and shall rema i n halted until the Coroner has determined the nature of the remains . If the Coroner recogn izes the human remains to be those of a Native Ame ri can or has reason to believe they are Native American , he or she shall contact, by telephone with i n 24 hours, the Native American Heritage Commission {NAHC), and PRC Sect ion 5097 .98 shall be followed . C. Human remains and grave/burial goods shall be treated alike per California PRC Sections 5097 .98{d)(l) and (2). D. Construction activities may resume in other parts of the project site at a m inimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh Nation P:\HBC2201.01\04.2 -Draft EIR\7.0 MMRP _ 4 .10.23 .docx «04/10/23» 7-7 507 BOLS A CHICA SE NIOR LI VING COMMUNITY PROJECT HU NT I NGTON B EACH, C ALIFORNIA DR AFT EN VIRO NMENTAL IMPACT REPORT APRIL 2023 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures and Acjachemen Nation monitors determine that resum i ng construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh Nation and Acjachemen Nation monitors and/or archaeologists deems necessary}. (CEQA Guidel ines Section 15064.S(f}.} E. Preservation in place (i.e ., avoidance} is the preferred manner of treatment for d iscovered human remains and/or burial goods . Any historic archaeological material that is not Native American in origin (non-TCR} shall be curated at a pub li c, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. F. Any discovery of human remains/burial goods shall be kept confidential to prevent further d isturbance . Responsible Party/ Approving Agency MM TCR-3 Procedures for Burials and Funerary Remains. Kizh Nation A. If the Native American Heritage Commission designates the Kizh as the Most Likely Descendant ("MLD "} for any human remains discovered or recognized on the project site, the Koo-nas-gna Burial Policy shall be implemented . To the Kizh Nation, the term "human remains" encompasses more than human bones . In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial , the burial of funerary objects with the deceased, and the ceremon ial burning of human remains. B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created . C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to conta in human remains can also be considered as associated funerary objects . Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour gua r d should be Timing for Mitigation Measure During const ruction activities. 7-8 P:\HBC2201.0l\04.2 • Draft EIR\7.0 MMRP _ 4.10 .23.docx «04/10/23» 508 D RAF T EN VI RONM EN T A L I MPA CT REP O RT APRIL 2023 8O LSA CH ICA SENIOR LI V ING CO MM UN ITY PROJECT HU NTIN GTON BEACH, CALI FORNIA Table 7.A: Mitigation and Monitoring Reporting Program Responsible Party/ Timing for Mitigation Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Approving Agency Measure posted outside of working hours . The Kizh Nati on will make every effort to recommend diverting the project and keeping the remains in situ and protected . If the project cannot be diverted, it may be determined that burials will be removed . E. In the event that preservation in place is not possible despite good faith efforts by the project applicant/ developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location w ithin the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible . These items should be retained and reburied within 6 months of recovery. The site of reburial/ repatriation shall be on the project site but at a location agreed upon between the Kizh Nation and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. G. The Kizh Nation will work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Kizh Nation, documentation shall be prepared and shall include (at a minimum) deta i led descriptive notes and sketches . All data recovery-related forms of documentation shall be approved in advance by the Kizh Nation . If any data recovery is performed, once complete, a final report shall be submitted to the Kizh Nation and the NAHC. The Kizh Nation does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains . 4.10: Utilities and Service Systems The proposed project would not result in any significant adverse impacts related to utilities and service systems. No mitigation is required . P:\HBC2201.01\04.2 -Draft EIR\7.0 MMRP _ 4.10.23.docx «04/10/23 » 7-9 509 BOLS A CHICA SEN IOR LIV I NG COM MUN IT Y PROJE CT HUNTINGTON B EACH, CALIFORN I A DRAFT EN VIRONM ENTAL IMPACT REPO RT APR IL 2023 Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure Aesthetics SC AES-1 Photometric Plan. Prior to issuance of any building permits, the project Applicant shall Qualified Engineer/ City Prior to the issuance prepare a photometric plan for review and approval by the City of Huntington Beach (City) of Huntington Beach of any building Director of Community Development, or designee . The photometric plan shall be prepared by Director of Community permits. a qualified engineer and shall demonstrate, to the extent feasible, that the intensity and Development, or direction of all onsite outdoor lighting minimize spillage and glare onto adjacent properties. designee Agriculture and Forestry Resources The proposed project would not require any standard conditions related to agriculture and forestry. Biological Resources SC 810-1 Compliance with Migratory Bird Treaty Act (MBTA). Tree and vegetation removal shall be Qualified Biologist/ Prior to tree and restricted to outside the active nesting season (February 1 through August 31). If construction City of Huntington vegetation removal if is proposed between February 1 and August 31, a qualified biologist familiar with local avian Beach Director of such removal is species and the requirements of the MBTA and the California Fish and Game Code shall Commun ity proposed between conduct a pre-construction survey for nesting birds no more than 3 days prior to Development, or February 1 and August construction. The survey shall include the entire area that will be disturbed. For any active designee 31. nest(s) identified, the qualified biologist shall establish an appropriate buffer zone around any active nest(s). The appropriate buffer shall be determined by the qualified biologist based on species, location, and the nature of the proposed activities. Project activities shall be avoided within the buffer zone unti l the nest is deemed no longer active, as determined by the qualified biologist . Cultural Resources SC CUL-1 Human Remains. In the event that human remains are encountered on the project site, work Construction Prior to issuance of within 50 feet of the discovery shall be redirected and the County Coroner notified Contractor and County grading permits. immediately consistent with the requirements of California Code of Regulations (CCR) Section Coroner/ City of 15064.S(e). State Health and Safety Code Section 7050.5 states that no further disturbance Huntington Beach During construction shall occur until the County Coroner has made a determination of origin and disposition Director of Community activities. pursuant to Public Resources Code (PRC) Section 5097 .98 . If the remains are determined to Development, or be Native American, the County Coroner shall notify the Native American Heritage designee Commiss ion (NAHC}, which shall determine and notify a Most Likely Descendant (MLD). With the permission of the City of Huntington Beach (City), the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and non-destructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.S(d), if the remains are determined to be Native American and an MLD is notified, the City shall consult with the MLD as identified by the NAHC to develop an agreement for 7-10 P:\HBC2201.01\04.2 - D raft EIR\7,0 MMRP _ 4.10.23.docx «04/10/23» 510 D RAFT EN V IR ONMENTAL I MPACT REPORT A PRI L 2023 BOLSA CHI CA SENI OR LIV I NG COMMUN ITY PROJECT HUNT IN GTON BEA CH, CALIFOR NIA Table 7.B: Standard Conditions as Specified in the Ini tial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure treatment and disposition of the remains . Prior to the issuance of grading permits, the City Di rector of Community Development, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050 .5, and PRC Section 5097 .98, as stated above. Geology and Soils SCGE0-1 Compliance with the Recommendations in the Project Geotechnical Investigation Report. Construction Prior to issuance of The Construction Contractor shall implement the recommendations of the Geotechnical Cont ractor and Project building permits . Investigation Report prepared for the pro j ect and applicable sections of the most current So il Engineer/ City of California Building Standards Code , the Uniform Building Code (UBC), and the Huntington Huntington Beach During construction Beach Building and Construction Code . Prior to issuance of building perm its for the project, activities. the Project So il Engineer shall review the build i ng plans to verify that the structural design conforms to the r equirements of the Geotechnical Investigation Report, the UBC, and the Huntington Beach Building and Construction Code . Hazards and Hazardous Materials SC HAZ-1 Soil Management Plan. The Construction Contractor shall implement the Soil Management Construction During excavation and Plan prepared for the project during excavation and soil-disturbing activities. The handling of Contractor/ City of soil disturbing any impacted material observed du ri ng site grading and excavat ion shall be handled in Huntington Beach activities. accordance with the guidelines provided in t he Soil Management Plan and i n accordance with Di rector of Community all applicable transportation and disposal regulat i ons. Development, or designee SC HAZ-2 Asbestos and Lead-Based Paint Survey. Prior to initiation of construction activities on the Qualified Asbestos and Prior to initiation of project site a thorough asbestos and lead-based paint survey of the two existing buildings on Lead-Based Paint construction activities . site shall be conducted by a qual ifi ed professional. If asbestos and/or lead -based pa int are Professional/ City of detected duri ng the survey, abatement and removal procedures in accordance with local and Huntington Beach During demoliti on of state regulations shall be followed during demolition of the bui ldings . Director of Community buildings. Development, or designee P:\HBC2201.01\04.2 -Draft EIR\7 .0 MMRP _ 4.10.23 .docx «04/10/23» 7-11 511 8OLS A CHICA SE NIOR LIVING COM MUNITY PROJECT HUNT IN GTON BEACH , CALIFORN IA D RA FT EN V IRONMENTAL IMP ACT REPORT APRIL 2023 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Hydrology and Water Quality SC WQ-1 Construction General Permit. Prior to issuance of a grading permit, the project Applicant shall obtain coverage under the State Water Resources Control Board {SWRCB) National Pollutant Discharge Elimination System (NPDES} General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Act ivities {Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System No. CAS000002 , as amended by Orders No. 2010-0014-DWQ and 2012-0006-DWQ) (Construction General Permit). Th is shall include submission of Permit Registration Documents (PRDs), including a Notice of Intent for coverage under the permit to the State Water Resources Control Board {SWRCB} via the Stormwater Multiple Application and Report Tracking System (SMARTs). The project Applicant shall provide the Waste Discharge Identification Number (WDID) to the Director of the City of Huntington Beach (City) Pub li c Works Department, or designee, to demonstrate proof of coverage under the Construction General Permit. Project construction shall not be initiated until a WDID is rece ived from the SWRCB and is provided to the Director of the City's Public Works Department, or designee . A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the proposed project in compliance with the requirements of the Construct ion General Permit. The SWPPP shall identify construction best management practices (BMPs} to be implemented to ensure that the potential for soil erosion and sed i mentation is minimized and to control the discharge of pollutants in stormwater runoff as a result of construction activities . Upon completion of construction and stabilization of the site, a Notice of Termination shall be submitted via SMARTs. SCWQ-2 SCWQ-3 7-12 Erosion and Sediment Control Plan. In compliance with the requirements of Title 17 Buildings and Construction, Chapter 17.05 Grading and Excavation Code, subsection 17.05.320 Erosion Control Plans of Huntington Beach Municipal Code , the project Applicant shall submit a grading plan and erosion control plan to the Director of the City Public Works Department, or designee, for review and approval prior to issuance of a grading perm it. The project Applicant shall also submit erosion and sediment control plans annually to the Director of the City Public Works Department, or designee, for review and approval by September 15th of each year during construction. Water Quality Management Plan. Prior to the issuance of grading or bu i lding permits, the project Applicant shall submit a Final Water Quality Management Plan (WQMP) to the City Engineer, or designee, for review and approval in compliance with the requirements of the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated Cit ie s of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County (Order No . R8-2009-0030, NPDES No . CAS618030, Responsible Party/ Approving Agency Applicant/ Director of the City of Huntington Beach Public Works Department, or designee Applicant/ Director of the City of Huntington Beach Public Works Department, or designee Appl icant/ City Engineer, or designee Timing for Compliance Measure Prior to issuance of grading permit and initiation of construction activities . Prior to issuance of grading perm it . September 15th of each year during construction . Prior to the issuance of grading or building permits. P:\HBC2201.0l\04.2 -Draft EIR\7 .0 MMRP _ 4.10.23.docx «04/10/23» 512 D RAFT E NVI RONMEN T AL I MPA CT REP O RT A PR I L 2 023 BO LSA CHI CA S ENI O R LI V IN G C OMM UN ITY P ROJECT HU NTIN GTO N BE A CH, C A LI FO RN I A Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure as amended by Order No . RB-2010-0062) (North Orange County MS4 Perm it). The Final WQMP shall be prepared consistent with the requirements of the Technical Guidance Document for Water Quality Management Plans (December 2013) and the Water Quality Management Plan template, or subsequent guidance manuals. The Final WQMP shall specify the BMPs to be i ncorporated into the project design to target pollutants of concern in runoff from the project area . The City shall ensure that the BMPs specified in the Final WQMP are incorporat ed into the final project design . SCWQ-4 Final Hydrology Study. The project Applicant shall submit a Final Hydrology Study to the City Applicant/ City Prior to issuance of a Engineer, or his/her des ignee, for review and approval prior to issuance of a building permit. Engineer, or designee building permit. The Final Hydrology Study shall be prepared consistent with the requirements of the Orange County Hydrology Manual (Orange County Environment Agency 1986) and Orange County Hydrolog y Manual Addendum No . 1 (Orange County Environment Agency 1996), or subsequent guidance manuals . The Fi nal Hydrology Study sha ll demonstrate that the on -site dra i nage facilities are designed and adequately sized to accommodate stormwater runoff from the project. The City Engineer, or designee , shall ensure that the drainage facilities specified in the Final Hydrology Study are incorporated into the final project design . Mineral Resources The proposed pro j ect would not require any standard conditions related to mineral resources . Noise The proposed project would not require any standard conditions related to noise and vibration. Population and Housing The proposed project would not require any standard cond itions related to popu lation and housing . Public Services SC PS-1 Payment of Fire Facilities Development Impact Fee . Pr i o r to iss u ance of bu i ld i ng perm its, the Applicant/ City of Prior to issuance of City of Huntington Beach (City) Di rector of Commun ity Deve lopment, or des ignee , shall Huntington Beach building permits . confirm that the project Applicant has paid all required Fire Facilit ies Development Impact Director of Community Fees in acco r dance with Chapte r 17.74.040 , Fi r e Facil ities De v elopment Impact Fee , of the Development, or Huntington Beach Municipal Code . designee SC PS-2 Payment of Police Facilities Development Impact Fee. Prior to issuance of building perm its , Applicant/ City of Pri or to issuance of the City Di rec t or of Community Development, or designee, shall con fi rm that the project Hunti ngton Beach bu i lding permits . Applicant has pa id all required Police Facilities Development Impact Fees in accordance w ith Director of Community Chapter 17 .7S .040, Police Facil ities Development Impact Fee, of the Huntington Beach Development, or Municipal Code . des ignee P:\HBC22 01.01\04.2 -Dra ft EIR\7 .0 MMR P _ 4.10.23.docx «04/10/23» 7-13 513 BOLSA CHICA SENIOR L IVING COM M U NITY PRO JEC T HU NTINGTON BEACH, CALIFORNIA DR AFT E NVIRONMENTAL IMPACT REPORT APRIL 2023 Table 7.B: Standard Conditions as Specified in the Initial Study Responsible Party/ Timing for Compliance Standard Condition Approving Agency Measure SC PS-3 Payment of School Development Fee. Pr i or to issuance of building permits, the project Applicant/ City of Prior to issuance of Applicant shall submit proof to the City Director of Community Development, or designee, Huntington Beach building permits . that payment of applicable school facility development fees to the Ocean View School District Director of Community and the Huntington Beach Union High School District has been made in compliance with Development, or Section 65995 of the California Government Code . designee SC PS-4 Payment of Park Impact Fee . Prior to the issuance of bu i lding perm its, the City Director of Applicant/ City of Prior to issuance of Community Development, or designee, shall confirm that the project Applicant has paid all Huntington Beach building permits. required park in-lieu/park impact fees as established in Chapter 17 .76 .040 of the Huntington Director of Community Beach Municipal Code. Development, or designee SC PS-5 Payment of Library Impact Fee . Pr i or to the issuance of building permits, the City Director of Applicant/ City of Prior to issuance of Community Development, or designee, shall confirm that the project Applicant has paid all Huntington Beach building permits. required Library Impact Fees as established in Section 17.67 of the Huntington Beach Director of Community Municipal Code . Development, or designee Recreation The proposed project would not require any compliance measures related to recreation . Transportation The proposed project would not require any compliance measures related to transportation . Utilities and Service Systems SC UTL-1 Sewer Feasibility Study. Prior to issuance of a grading or building permit, the project Applicant Qualified Civil Prior to issuance of shall submit a Sewer Feasibility Study prepared by a qualified civil engineer to the City of Engineer/ City of grading or building Huntington Beach City Engineer, or designee, for review and approval. The Sewer Feasibility Huntington Beach permits. Study shall include a review of the existing sewer system that would serve the project site to City Engineer, or confirm that it has avai lable capac ity to accept the wastewater flow generated by the proposed designee project's uses. Any required improvements shall be identified in the Sewer Feasibility Study. The analysis, conclusions, and recommendations in the Sewer Feasib il ity Study shall be based on final design plans and shall be consistent with all applicable City requirements. In the event that the Sewer Feas ibil ity Study identifies insufficient sewer capacity to serve the proposed project, the project Applicant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity. Wildfire The proposed project would not require any standard conditions related to w il dfire. 7-14 P:\HBC2201.01\04.2 -Draft EIR\7.0 MMRP _ 4.10.23.docx «04/10/23» 514 RESOLUTION NO. 2023-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING GENERAL PLAN AMENDMENT NO. 21-004 WHEREAS, General Plan Amendment No. 21-004 proposes to amend Figure LU-2 of the Land Use Element of the City's General Plan to change the land use designation of the real prope1ty consisting of an approximately 3 .1-acre site generally located on the southwest corner of Warner Avenue at Bolsa Chica Street, as more particularly described in Exhibits A and B attached hereto, from CG (Commercial General) to Mixed Use with a Specific Plan Overlay (MU-sp). Pursuant to California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 21-004 and recommended approval of said entitlement to the City Council; and Pursuant to California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 21- 004; and The City Council finds that said General Plan Amendment No. 21-004 is necessary for the changing needs and orderly development of the community, is necessary to accomplish refinement of the General Plan, and is consistent with other elements of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1: That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located on the southwest corner of Warner A venue at Bolsa Chica Street and is more particularly described in the legal description and maps attached hereto as Exhibits A and B incorporated by this reference as thoµgh fully set fo1th herein. SECTION 2: That General Plan Amendment No. 21-004 is hereby approved. The Community Development Director is hereby directed to prepare and file an amended Land Use Map and Figure LU-3. A copy of said map and figure, as amended, -shall be available for inspection in the Community Development Department. This resolution shall take effect immediately. 23-13497/321441 515 RESOLUTION NO. 2023-51 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of _______ , 2023. ATTEST: City Clerk REVIEWED AND APPROVED: City Manager ATTACHMENTS Exhibit A: Exhibit B: Legal Description Amended Figure LU-3 Mayor INITIATED AND APPROVED: Direct r of Community Development 2 516 Order No: 09198085-919-EG1-EGL EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36, MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT ON' THE EAST VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 15, 1943 IN BOOK 1197, PAGE 424, OFFICIAL RECORDS, LYING BETWEEN THE EASTERLY PROLONGATION OF THE LINE OF SAID LOT AND THE SOUTH LINE OF THE NORTH 180.00 FEET OF SAID LOT. EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF HUNTINGTON BEACH, FOR ROAD PURPOSES BY DEED RECORDED NOVEMBER 20, 1963 IN BOOK 6813, PAGE 177, OFFICIAL RECORDS. APN: 163-281-01 PARCEL B: LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT 2 ON THE EAST, VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH RECORDED JULY 15, 1943, IN BOOK 1197 PAGE 424 OFFICIAL RECORDS. TITLE WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND. EXCEPTING THEREFROM THE SOUTH 150.00 FEET. ALSO EXCEPTING THE NORTH 180 FEET OF THE EAST 180 FEET THEREOF, MEASURED FROM THE CENTER LINE OF BOLSA CHICA STREET ADJOINING ON THE EAST. ALSO, EXCEPTING ALL MINERALS, INCLUDING, BUT NOT LIMITED TO OIL, GAS, OTHER HYDROCARBONS, GRAVEL AND STEAM ALL BELOW 500 FEET FROM THE SURFACE OF SUCH LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, EXCEPTING BELOW 500 FEET FROM SUCH SURFACE, RESERVED IN DEED FROM CHARLES HERMENSEN AS TRUSTEE FOR THE CHARLES L. HERMENSEN TRUST RECORDED JULY 9, 1982 AS INSTRUMENT NO . 82-237601 OF OFFICIAL RECORDS. APN: 163-281-02 517 ~l LAND US E MAP -EXISTI NG PL AN LANO USE MAP -PROPOSED LE'JGE'\JD Residential Low Density CJ) !:: cO :I: ill RM Residential Medium Density Residential Mediurr High Density Park Conservation Commerci al General Mixed Use 518 ORDINANCE NO. 4305 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO REZONE THE REAL PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF WARNER A VENUE AT BOLSA CHICA STREET FROM CG (COMMERCIAL GENERAL) TO SP-19 (SPECIFIC PLAN NO. 19) (ZONING MAP AMENDMENT NO. 22-003) WHEREAS, pursuant to California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 22-003, which rezones the property generally located on the southwest corner of Warner A venue at Bolsa Chica Street from CG (Commercial General) to SP-19 (Specific Plan No. 19); and After due consideration of the findings and 'tecommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the real property that is the subject of this ordinance is generally located on the southwest corner of Warner Avene at Bolsa Chica Street and is more particularly described in the legal description and map attached hereto as Exhibit A and , incorporated herein by this reference. SECTION 2. That the zoning designation of the Subject Prope1iy is hereby changed from CG (Commercial General) to SP-19 (Specific Plan No. 19) (Exhibit B). SECTION 3. That the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to reflect Zoning Map Amendment No . 22-003 as described herein. The Community Development Director is hereby directed to prepare and file an amended zoning map. A copy of said amended map shall be available for inspection in the Office of the City Clerk. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of , 2023. ------- 23-13497 /321444 519 ATTEST: City Clerk REVIEWED AND APPROVED: City Manager ATTACHMENTS: Exhibit A: Exhibit B : Legal Description and Map Amended Zoning Map ORDINANCE NO. 4305 Mayor APPROVED AS TO FORM: INITIATED AND APPROVED: rf :£~ :!:::prnent Director 2 520 Order No : 09198085-919 -EG1 -EGL EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF LOT 2 IN BLOCK 20 OF TRACT NO . 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36, MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30 .00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT ON' THE EAST VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 15, 1943 IN BOOK 1197, PAGE 424, OFFICIAL RECORDS , LYING BETWEEN THE EASTERLY PROLONGATION OF THE LINE OF SAID LOT AND THE SOUTH LINE OF THE NORTH 180 .00 FEET OF SAID LOT . EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF HUNTINGTON BEACH, FOR ROAD PURPOSES BY DEED RECORDED NOVEMBER 20, 1963 IN BOOK 6813, PAGE 177, OFFICIAL RECORDS. APN: 163-281 -01 PARCEL B: LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT 2 ON THE EAST, VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH RECORDED JULY 15, 1943, IN BOOK 1197 PAGE 424 OFFICIAL RECORDS. TITLE WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND . EXCEPTING THEREFROM THE SOUTH 150.00 FEET. ALSO EXCEPTING THE NORTH 180 FEET OF THE EAST 180 FEET THEREOF, MEASURED FROM THE CENTER LINE OF BOLSA CHICA STREET ADJOINING ON THE EAST. ALSO, EXCEPTING ALL MINERALS, INCLUDING, BUT NOT LIMITED TO OIL, GAS, OTHER HYDROCARBONS, GRAVEL AND STEAM ALL BELOW 500 FEET FROM THE SURFACE OF SUCH LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, EXCEPTING BELOW 500 FEET FROM SUCH SURFACE, RESERVED IN DEED FROM CHARLES HERMENSEN AS TRUSTEE FOR THE CHARLES L. HERMENSEN TRUST RECORDED JULY 9, 1982 AS INSTRUMENT NO . 82 -237601 OF OFFICIAL RECORDS. APN : 163 -281-02 521 Z ONING MAP -EX ISTI N G Z ONI N G MAP -PR O POS ED LE\IGEND ~ Residential Low Density Residential Medium Density -Residential Medium High Density Residential Agricultu r e -Commercial General --Coastal Zone Overlay Boundary 0 Specific Plan Designations 522 RESOLUTION NO . 2023-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON ADOPTING ZONING TEXT AMENDMENT NO. 22-005 BY CREATING THE BOLSA CHICA SENIOR LIVING COMMMUNITY SPECIFIC PLAN (SP-19) TO APPLY TO REAL PROPERTY AT THE SOUTHWEST CORNER OF WARNER A VENUE AT BOLSA CHICA STREET WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate public hearings relative to Zoning Text Amendment No. 22-005, wherein both bodies have carefully considered all information presented at said meetings, and after due consideration of the findings and recommendations of the Planning Commission and all other evidence presented to the City Council, the City Council finds that such zone change is proper and consistent with the General Plan. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Huntington Beach does hereby resolves as follows: SECTION 1. The Balsa Chica Senior Living Community Specific Plan is consistent with the adopted Land Use Element of the General Plan, and other applicable policies and is compatible with surrounding development. SECTION 2. The Bolsa Chica Senior Living Community Specific Plan enhances the potential for superior urban design in comparison with the development standards under the base district provisions that would apply if the Plan were not approved. SECTION 3. The deviations from the base district provisions that otherwise would apply are justified by the compensating benefits of the Balsa Chica Senior Living Community Specific Plan, which guide the creation of a new senior living community project that provides senior housing stock within an aging community, a wide variety of on-side resident amenities, and quality architectural design that is compatible with surrounding uses. SECTION 4. The Specific Plan includes adequate provisions for utilities, services, and emergency vehicle and public service demands and will not exceed the capacity of existing and planned systems. SECTION 5. That the real property subject to this Resolution is located southwest of Warner Avenue at Bolsa Chica Street and is more particularly described in the legal description 523 RESOLUTION NO . 2023-53 and sketch collectively attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. SECTION 6. The Bolsa Chica Senior Living Community Specific Plan, attached herein as Exhibit B and incorporated by this reference as tl:).ough fully set forth herein, is hereby adopted and approved. ) PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of _______ , 2023. Mayor ATTEST: OFORM: ~ City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager ATTACHMENTS: Exhibit A: Legal Description and Map Exhibit B: Specific Plan No. 19 -Bolsa Chica Senior Living Community Specific Plan 2 23-13497 /23-321446 524 Order No : 09 198085-919 -EG1-EGL EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: PARCEL A: THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH , COUNTY OF ORANGE , STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36, MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT ON ' THE EAST VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY , A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 15, 1943 IN BOOK 1197, PAGE 424, OFFICIAL RECORDS , LYING BETWEEN THE EASTERLY PROLONGATION OF THE LINE OF SAID LOT AND THE SOUTH LINE OF THE NORTH 180.00 FEET OF SAID LOT. EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF HUNTINGTON BEACH, FOR ROAD PURPOSES BY DEED RECORDED NOVEMBER 20 , 1963 IN BOOK 6813, PAGE 177, OFFICIAL RECORDS. APN : 163-281-01 PARCEL B: LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH , COUNTY OF ORANGE , STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY , TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT 2 ON THE EAST, VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY , A CERTIFIED COPY OF WHICH RECORDED JULY 15 , 1943 , IN BOOK 1197 PAGE 424 OFFICIAL RECORDS. TITLE WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND . EXCEPTING THEREFROM THE SOUTH 150 .00 FEET. ALSO EXCEPTING THE NORTH 180 FEET OF THE EAST 180 FEET THEREOF, MEASURED FROM THE CENTER LINE OF BOLSA CHICA STREET ADJOINING ON THE EAST . ALSO, EXCEPTING ALL MINERALS, INCLUDING, BUT NOT LIMITED TO OIL , GAS , OTHER HYDROCARBONS, GRAVEL AND STEAM ALL BELOW 500 FEET FROM THE SURFACE OF SUCH LAND , WITHOUT THE RIGHT OF SURFACE ENTRY, EXCEPTING BELOW 500 FEET FROM SUCH SURFACE , RESERVED IN DEED FROM CHARLES HERMENSEN AS TRUSTEE FOR THE CHARLES L. HERMENSEN TRUST RECORDED JULY 9, 1982 AS INSTRUMENT NO . 82-237601 OF OFFICIAL RECORDS. APN : 163-281-02 525 526 C f .,. DRAFT: 09.05.23 527 528 TABLE OF CONTENTS 4] 12 ~ Introduction .......................................................................................... .5 1 .1 Project Overview 1 .2 Project Location 1.3 Project Rationale 1.4 Specific Plan Purpose Development Plan ........................................................................... 13 2.1 Development Vision 2 .2 Development Plan Development Standards & Guidelines ............................. 18 3 .1 Purpose & Intent 3.2 Development Standards 3.3 Design Guidelines Infrastructure .................................................................................... .24 4 .1 Grading 4.2 Drainage 4.3 Water 4.4 Sewer 4.5 Dry Utilities 4.6 Water Quality Management Administration & Implementation ..................................... .30 5.1 Specific Plan Adoption 5 .2 Severability 5.3 Specific Plan Amendments 5.4 Implementation 13 529 LIST OF EXHIBITS, TABLES & APPENDICES Introduction Exhibit 1 .1 : Vicinity Map ................................................................................. 5 Exhibit 1.2: Site Aerial and Surroundings ......................................................... 6 Exhibit 1.3: Land Use Map ............................................................................... 72 Exhibit 1.4: Zoning Map ................................................................................ 72 (2 Development Plan Exhibit 2.1 : Proposed Site Plan ...................................................................... 15 Exhibit 2.2: Design Reference ........................................................................ 16 Exhibit 2.3: Landscape Character Reference .................................................. 17 Development Standards & Guidelines. Table 3 .1 : Development Standards ........................................................... 18-19 Infrastructure Exhibit 4.1 : Grading Plan ............................................................................... 25 fu) Administration & Implementation 530 1 .1 PROJECTOV ERVI EW The goal of the Balsa Chica Senior Living Community Specific Plan i s intended to facilitate the redevelopment of an underutilized 3.1-acre commercial center at the southwest corner of Balsa Chica Street and Warner Avenue by establishing zoning standards that permit the development of a state-of-the-art senior living community. This Specific Plan would allow a maximum of 215 living units (independent living, assisted living and memory care), on-site parking within a single level subterranean parking garage as well as residential amenities and associated infrastructure improvement in a maxi mum of 298,000 square feet . A portion of the building (assisted living and memory care un its) will be licensed by the California Department of Social Services as a Residential Care Facility for the Elde r ly (RCFE). Accordingly, care for assisted living and memory impaired residents will be provided on a 24-hou r s a day, seven days a week basis; this will allow residents to have the option and communities to age in place and r ece ive assistance with the activities of dai ly living. 1.2 PROJECT LOCATION The Senior Ca r e Community is proposed for the southwest corner of Warner Avenue and Balsa Chica Street (4952 and 4972 Warner Avenue (Assessor Pa r cel Numbers 163-281-01 and 163-281- 02)). A legal description of the property is provided in Appendix 6 .2 and provides an accurate delineation of the boundar ies of the Specific Plan Area. The site is advantageously situated in the northwest section of Hunt i ngton Beach , affording relative proximity to Huntington Harbour and Balsa Chica Ecological Reserve , as indicat ed in Exhibit 1.1. Exhibit 1. 1: Vicin ity Map .... y~,- 1:'tf:;,,_{_i'•,;!'~ I S 5316 I I nt rod uc ti o11 It is readily accessed from the 405 Freeway by Balsa Chica Street (about 4 miles distance) and from Pacific Coast Highway via Warner Avenue (about 1.5 miles distance). Existing Conditions: The property is a 3 .1-acre flat, rectangular shaped parcel, fully developed with commercial office and retail uses and associated surface parking lots. These uses are contained within a large three-story office building facing Balsa Chica Street, totaling approximately 55,000 square feet and a smaller two-story commercial building fronting on Warner Avenue. There are three (3) vehicular access points along Balsa Chica Street, and two (2) vehicular access points along Warner Avenue. The area is generally comprised of commercial uses fronting Warner Avenue near the intersection of Balsa Chica Street with largely for-rent residential at various densities. Per the City's General Plan, Warner Avenue is classified as a Major Arterial and Balsa Chica Street is classified as a Major Arterial north of Warner and as a Collector south of Warner. Exhibit 1.2: Site Aerial and Surroundings VIEW 1 VIE W 2 V IEW 3 VIEW 4 532 Immediately surrounding land uses encompass a mix of retail uses to the north across Warner Avenue, including a Walgreens . To the east across Balsa Chica Street are four single family homes and an automotive repair business. Located on the adjacent property to the south i s a single-story industrial building occupied by a telecommunications company, and on the adjacent property to the west is a two-story apartment complex with lofted roofs. Exhibit 1.2 provides an aerial and photographs of the site and surroundings. 1 .3 PROJECT RATIONALE As the median age of Huntington Beach res idents continues to increase, market research indicates that many seniors are searching for alternative housing options that allow them to age in place close to their social network of family and friends . Senior living communities are designed to provide residents a unique, vibrant living experience that encourages socialization and provides continuing care and other services . Many senior living communities will offer a wide range of customizable care options that residents can modify at any t i me to continue to age in place. Se nior living communities will offer three meals a day, seven days a week from a central kitchen . Other amenities are provi ded to residents , such as educational and fitness classes , live entertainment , arts & crafts , social events, multiple communal dining venues , and a 24-hour concierge service. These amenities and servi ces are i ntegral to the essence of a senior livi ng community. As such , a senior living building must be designed in a way to accommodate the necessary square footage intended for these amenities and services, as well.as efficiently interconnecting these spaces to one another. Therefore, the scale and massing of a senior living building will differ from a standard residential apartment building of the same unit count . Since most of the activities of daily living are provided on -property including ample outdoor space, there is lim ited need for residents to leave the community. For those events , activities or excursions that require transpo r tation, the community prov ides both personal and group transportation . Given all the amenities and services offered , the need to own and drive one's personal car is very low. Therefore , the parking demand i s substantially less. Senior living projects can positively contribute to a cohesive and diverse community in several ways, most significantly by providing a uniquely tailored housing option to those aged 55 and older. This relieves the responsibilities associated with home ownership, offers resident-centered care and wellness, and encourages socialization through a robust amen ity program. Whether one or all three of the previously listed characteristics of senior living communitie s are the reason someone aged 55 and older becomes a resident, many of these residents end up selling their previous homes, thereby increasing the housing supply of the surrounding community (by adding a commercial use rather than high-density housing). A 2021 study from Statista showed that the r ate of homeownership for millenn i als in the U.S. is less than half the rate of homeownership for p eople aged 65 and older. By providing those aged 65 and up w ith an alternative housing 17 5338 I lntroductio 11 option specifically catered to them, the disparity of homeownership in the U.S. between age demographics could potentially diminish as more homes are made available to younger homebuyers. Independent Living units provide both a social and need-driven type of housing targeting residents aged 55 and older (per Federal Law). Independent Living is considered part of the continuum of care within a senior living community and provides an amenity rich and service- oriented living environment, including, among other things: dining, wellness and fitness, social activities, and transportation. Independent Living differs from conventional multi-family, in four specific areas, as follows : 1. The community is age -restricted. The first and most important distinction of Independent Living is the Federal law that permits restricting the age of the primary resident to a minimum of 55 years, as detailed in the Fair Housing Act. Although the age minimum is set at 55, the national average age of an Independent Living resident is more typically between 78 and 84 years of age. 2. The community is designed to provide onsite most of all living, social, fitness, wellness, health, beauty-care, and dining needs. The proposed community is anticipated to include : multiple dining options served by a commercial kitchen, multiple activity and social areas, wellness and fitness center (including health offices, beauty salon and spa). 3. The community provides transportation for its residents. For excursions and activities outside of the community, transportation can be provided with one or more of the community vehicles, which includes a community van and sedan . 4. Finally, the community provides onsite staff to deliver services to its residents. This includes food and beverage, housekeeping, and wellness and fitness. The community will also conduct social events and activities for its residents. Huntington Beach's local population is aging, indicating a need for more senior living communities . Census data from April 2020 illustrates that 25% of the Huntington Beach population is 60 years of age or older. Overall, Orange County's residents aged 65 or older comprise 17% of its population, a number expected to rise to 27% of the population by 2060. A macro perspective shows the U.S . population aged 75 or older is expected to grow by 50% over the next 10 years and double over the next 20 years . One can expect Huntington Beach's senior population to mirror the growth projected in both Orange County and the U .S. As the local population ages, the proposed Balsa Chica Senior Living Project will assist the City by directly addressing this need and the lack of supply in the local market. 534 1.4 SPEC I F IC P LAN PU RPOSE As the population ages, the demand for senior care communities is increasing within the city and throughout the region . Given the scarcity of available land in the city, development of a senior living community of sufficient scale to effectively support aging in place and meet the State licensing requirements of a residential care community necessitates a higher intensity than currently permitted under Huntington Beach's commercial zoning. Adoption of the Bolsa Chica Senior Living Community Specific Plan establishes site development standards and design guidelines that, upon adoption by the City, will promote development of a senior living community that meets the highest industry standards. Additionally, the Specific Plan ensures the following criteria are implemented in this senior community : • The proposed development achieves consistency with the General Plan based upon concurrent approval of the change in General Plan Land Use Element designation from Commercial General (CG) to Mixed Use (MU). The Mixed-Use designation accommodates the necessary density and mix of senior residential living, recreation , dining , services, employment, and amenities that are critical to successful operation of the community. • The project will ~chieve a superior level of urban design . Development standards and design guidelines are tailored to meet the needs of a high-quality senior residential care community, while enhancing the visual character of the surrounding neighborhood . Please refer to Section 3 to review the proposed project's development standards and design guidelines . • The Bolsa Chica Senior Living Community offers synergistic benefits to the neighborhood and city. It will expand Huntington Beach's range of housing opportunities and support the city's family orientation by allowing elderly members of the community to age in place close to their adult children while allowing existi ng conventional housing to be available for younger families . • The demand for public services will not exceed the capacity of planned and existing systems as determined in the EIR analysis . Of note, the proposed development is compatible with surrounding land uses and will be serviced by arterial and collector streets that support higher density infill development. Purpose & Objectives: The purpose of the Bolsa Chica Senior Living Community Specific Plan No. 19 (hereafter, Specific Plan) is to guide the development of a new state-of-the -art senior living community at the identified location. The objectives of the Specific Plan are as follows: • Meet increasing demand for senior living communities in Huntington Beach at a scale of development suitable to curr ent industry standards . 19 535 • Provide opportunity for residents to age in place through provision of multiple unit types accommodating independent living , assisted living, and memory care. • Afford around-the-clock staff assistance, particularly for the assisted living and memory care units, as well as a range of amenities that will maintain a high quality of life and support activities associated with daily living . • Deliver benefits to the community by expanding the range of housing opportunities with a particular focus on addressing the needs of the elderly. • Ensure compatibility with surrounding land uses and enhance the character of the surrounding neighborhood. • Achieve a high standard of design through application of development standards and design guidelines appropriate to a senior living community. • Provide criteria for evaluating the project proposal and any subsequent entitlement requests as appropriate. Authority & Scope: A Specific Plan is a regulatory tool used to implement the City 's General Plan and direct development within a defined geographic area. While the General Plan is the primary vehicle to guide city-wide growth and development, a specific plan customizes the development vision and principles, and land use regulations and guidelines to a defined area, consistent with the City's vision for the property, the surrounding context, and the distinct characteristics of the property. The Specific Plan has been prepared pursuant to Section 65450 et seq. of the State of California Government Code . This Code sets forth the minimum requirements for a Specific Plan, including provisions for a land use plan, infrastructure plan, and criteria and standards for development. Additionally, Chapter 215 of the City of Huntington Beach Zoning & Subdivision Ordinance establishes the SP (Specific Plan) District for the development and administration of Specific Plans, and sets forth requirements, including plans and materials that will accompany an application for rezoning to a SP District. The Specific Plan has been drafted to meet the intent and requirements of the California Government Code and the City of Huntington Beach Zoning & Subdivision Ordinance, and will be used to implement the City's General Plan . It provides all applicable land use regulations 10 I I 11troduction and thus constitutes the zoning ordinance for the property. The development regulations and supplemental design guidelines contained herein will take precedence over conflicting provisions of the Huntington Beach Zoning Code, unless otherwise noted. General Plan & Zoning Consistency : The property is currently designated as Commercial General 536 (CG) on both the City's General Plan Map and the Zoning Map. Although CG zoning does allow for development of residential group communities, the associated site development standards do not accommodate a state-of-the-art senior living community built at an economically viable and functional density. Development of the proposed community requires a General Plan Amendment to change the land use designation from CG to Mixed-Use (MU) and a Zoning Map Amendment to change the property's zoning from CG to Specific Plan (SP). Exhibit 1.3 depicts the existing land use designation for the site and surrounding, as well as the proposed land use designation for the site; Exhibit 1.4 depicts the existing zoning for the site and surroundings, as well as the proposed zoning for the site. A Conditional Use Permit to be approved by the Planning Commission will also be required to construct the project. CEQA Compliance: In accordance with the California Environmental Quality Act (CEQA) an Environmental Impact Report (El R) has been prepared to provide the public and decision makers with information concerning the potential environmental impacts associated with development of the project. The El R incorporates an analysis of alternatives to the project in accordance with State CEQA guidelines. Reference IR No. 21-004. 111 537 Exhibit 1.3: Land Use Map LAND USE MAP-EXISTING PLAN LAND USE MAP-PROPOSED Exhibit 1.4: Zoning Map ZONI NG MAP-EXISTING ZONING MAP-PROPOSED 12 I I 11t,-oduction LEi.JGEN() [BI] n\~sidential Low Dt;nsity ~ Re;,idl•ntial Med ium De nsity 1111 Resictenti.11 Medium High De!lSity N P«k -Co11serv.atkm -Commerch:11 Gcn erc1I -Mixt1dUse I.ENGEND 00 Residenfo1i L!Ji-',' O<!n sity ~ Residenti al Medium Density Residentiai M ediur,1 High Density 1111 R\~.sidei1ti.ll Agrkulture 1111 Cornrnerdal General Coo1.stal Zone Overla)' Bn undMY ~ Spf;dfic Plan Designations 538 2 .1 DEVELOPMENT VISION Plan Vision: A new senior care community of approximately 298 ,000 square feet will accommodate a maximum of 215 senior living units that will offer independent living, assisted living, and memory care units. Emphasis has been placed on des i gning a community that w i ll complement and enhance its visual surroundings and be compatible with the neighborhood , while providing a service to the community in meeting a growing demand for senior living communities . ·. Development Principles : The following principles shall direct the development and design of the senior living community: • Consider neighborhood context and impacts on adjo i ning properties in determining site layout and building design, including appropriate transitions in use and scale. • Create a sensible and orderly site plan based on a clear and functional site organization, i ncluding safe and efficient site access and circulation . • Design aesthetically pleasing building(s) that contribute to the character and quality of the surrounding neighborhood and foster a sense of community. • Introduce a variety of amenities that enhance the quality of life and res i dential living experience of the community 's occupants. • Provid e usable outdoor space that supports social gathering and meets the passive recreational ne e ds of res i dents, employees, and visitors to the community. • Encourage rich and harmonious landscape design that complements the building and site . • Incorporate sustainable design practices that conserve energy and water resources. I 13 539 2.2 DEVELOPMENT PLAN Land Use Plan: The proposed General Plan Land Use designation for the Specific Plan Area is Mixed-Use, which shall allow for the proposed Residential Group Community, to include senior living residential units accommodating independent living, assisted living, and memory care, as well as dining, common areas and recreational, projects amenities, and other support facilities, along with employee office space. Development Program: The development program allows senior living community of approximately 298,000 square feet, with on-site parking spaces provided almost entirely within a single level subterranean parking garage. Various amenit i es for the residents and other site improvements that contribute to a high-quality environment will also be provided. The senior living units will be comprised of a mixture of Memory Care Units, Assisted Living Units, and Independent Living Units. Amenities for residents are to include, but not limited to, multiple restaurant-style dining venues; fitness and wellness center; salon and studio spaces; theater; art room; and multi-purpose rooms. Outdoor spaces are to include, but not limited to, courtyards, pool, and gardens. Vans will be used to transport residents to off-site activities. Development Character: The maximum height of the structure will not exceed 65 feet (excluding mechanical equipment) and a maximum of five (5) stories . Required setbacks of the upper floors and balconies at various points along the elevations will reduce the mass of the structure, provide articulation along the building plane and promote a comfortable transition in scale to adjacent uses. Almost all of the on-site parking will be provided at the subterranean level to ensure a visually appealing street environment. The main driveway with porte cochere and vehicular access to the subterranean parking will be provided off Balsa Chica Street. Two (2) fire access roads are also to be provided, located along the southern edge of the property and entered from Balsa Chica Street, and at the northwestern edge of the property and entered from Warner Avenue. The proposed site layout is shown in Exhibit 2.1. 14 I Deve lopme nt Plan 540 Exhibit 2.1: Proposed Site Layout mr1rnr -·------,=;= CRTKL J 15 541 Exhibit 2.2: Design Reference The proposed architectural appearance reflects the characteristics of ocean-side towns and the climate of Southern California. The main exterior building materials are anticipated to include glass, stucco, composite panels , and wood in a mix of color palettes to fit the overall design character. Exhibit 2.2 offers reference images for the building design. Landscape Character: The landscape plan will incorporate an attractive mixture of har dscape and softscape areas , intended to enhance the site's appearance from the street; buffer adjacent uses ; promote comfortable on-site pedestrian circulation ; and provide a comfortable setting for outdoor gathering and recreation . The plant palette will include a water-wise mix of trees , shrubs , and ground cover. Reference images for the landscape characte r are provided in Exhibit 2.3. 16 I Developme nt Plan 542 Exhibit 2.3: Landscape Character Reference Other features to be included in the landscape plan are as follows: • Enhanced paving and accent planting to enhance the drop-off area and create a welcoming entry. • Courtyard space incorporating outdoor dining, flexible patio area, and other amenities. • A pool and outdoor exercise area on the west side of the building, shielded from the adjacent property by tall plantings. • A memory care garden featuring a range of ornamental plantings. • Turf block paving for the fire lane along the south side of the property. These landscape features are proposed but not required in the plans. However, the project will conform with the existing development standard which stipulates that a minimum of eight percent of the total net site area shall be landscaped . CRTKL I 17 543 3.1 PURPOSE & INTENT The purpose of this chapter is to set forth development standards and design guidelines that are particular to the Specific Plan Area and facilitate development of the proposed senior living community. These standards and guidelines are intended to support the development vision and principles, which emphasize a high-quality, full service senior living environment that is compatible with and complements the surrounding neighborhood. Additionally, the standards and guidelines contained herein will serve as the criteria fo r subsequent review and issuance of building permits required for development of the site. Plans and materials submitted for review and approval shall adhere to all Development Standards, excepting m i nor variations approved by the Community Development Director (as described in Section 5.3), and determined to substantially conform to the Design Guidelines. 3 .2 DE V ELOPME NT S TANDARDS Table 3.1 presents building envelope, open space, parking and loading, and signage standards applicable to the Specific Plan Area . Development standards not contained herein are intended to utilize the existing CG Development Standards. 'Bl.u'ILDING ENVELOPE STAN~ARD~ ' , '.' ; • ~ ' I ~ <' A.ii ' ' . .. FAR: 2.5 max imum Height: 65 feet ma.xi m u m / exc~pt}~nsaper HBMC 230.72''n ~'rt<? exceed additi6n ~r 10. feet -, .. ······-· . . ., - :· . ·:·:,· ·:·' . Stree\j etback(VVa f ner Avenue): -J O fe"~tminim u m :'"' ... Stre~P sitback {B 'o~~~ Chica Street): 0 feet minimum . ..• --- ·:: .,· :· .. ··., .. 0 feet mih .irnum for subterranean Adjacent Pr<>perty Setba.5k: -10 feet minimum · ... ·. ,. . ,·,:,·: .,:··· ... -dt~et minimL]m for sJbterranean 1 8 I Deve lo pm e nt Sta11dards & Guidelines i\;-i ~,ooo sqJare feet minimunf .· Ii }:excludes required setbacks ; 544 Parking: -0.65 spaces per memory care and assisted living unit -1.2 spaces per independent living unit Loading: 2 spaces minimum Permitted Sign Types: -building wall sign -freestanding sign Sign Placement: . -freestanding signs shall be affixed to a site wall . -or placed within a landscape planter Sign Number: -one (1) per street frontage Sign Area: -25 square feet maximum for building wall sign -50 square feet maximum for freestanding sign Sign Copy: -24-inch maximum height -limited to development name and address CRTKL j 19 545 3.3 DESIGN GUID E LINES Site Planning Guidelines • Site Character: Place site elements, including building, circulation routes, parking, communal outdoor space, and landscape areas to create an orderly site plan and contribute to a positive neighborhood character. • Site Access & Circulation: Design vehicular and pedestrian circulation systems for safe, efficient, and convenient site access and utilization . • Parking: Position and design parking facilities to reduce their visual impact. Subterranean parking is encouraged, while expansive surface parking areas should be avoided. Please refer to Table 3 .1. • Pedestrian Access & Circulation: Provide safe, convenient , and clearly identifiable pedestrian walkways, designed to minimize conflicts with vehicular access and circulation . Shaded pedestrian walkways and connections are encouraged . • Service & Trash Areas: Locate and screen service areas to minimize their visual impact while permitting suitable access by service providers . Trash areas should be placed in areas of low visibility and screened from street views or areas with high pedestrian traffic; screening may be provided through compatible architectural treatment and plantings. This item will utilize the existing CG Development Standard. • Communal Outdoor Space: Incorporate communal outdoor space, such as a courtyard for the use of residents and their guests. These spaces well-defined by building and landscape, while accommodating social interaction and passive recreation. • Private Open Space: Provide enclosed pr ivate outdoor open space in the form of a balcony or patio for independent living units where appropriate; such open space shall adjoin the unit and be a useable size and dimension for residents of the unit . 20 I Development Standards & Gu ide li11es 546 Building Design Guidelines • Building Character & Quality: Design a visually attractive building that improves the aesthetic quality of site and surroundings. The building should exhibit a unified composition, achieving a sense of proportion and balance in both exterior form and the placement of such features as windows, doors, and other architectural elements . • Fa~ade Articulation: Modulate exterior building walls; articulation may include change of wall plane, door and window treatment, and other compatible architectural treatment that creates an interesting pattern of projections and provides visual relief (e.g., balconies, canopies and overhangs, eaves, etc.). • Windows & Doors: Use window and doors to establish scale and give architectural expression to the facade; there should be a clear pattern of fenestration that unifies the building . Recess windows and entries to enhance fac;:ade depth and create shadow lines. • Architectural Details: Incorporate architectural details that provide visual interest and introduce a human dimension; which may include such features as pilasters, course lines, window heads, cornices, etc. Ensure that architectural features are integral and contribute to a harmonious design . • Materials & Finishes: Choose materials, textures, and colors that add visual interest and complement the scale and character of the building. • Material Quality: Select building materials and finishes that convey a sense of permanence; materials should be able to withstand weather and wear. CRTKL I 21 547 Landscape Design Guidelines • Landscape Character & Quality: Provide a landscape setting that enhances the overall aesthetic character and function of the site and creates a pleasing environment for pedestrian circulation and gathering . Consider special landscape treatment at entryways and for outdoor communal areas, for example, through accent planting, decorative hardscape, etc . • Outdoor Space Design: Furnish and enrich outdoor gathering spaces with amenities such as attractive plantings, benches and seating, pedestrian-scaled light fixtures, decorative paving, etc.; outdoor seating areas should be shaded by trees and structures such as trellises, pergolas, canopies, etc. • Planting Materials: Introduce a rich, coordinated palette of planting materials within landscape areas , including a practicable combination of shade trees, shrubs, groundcovers, and accent plants. Drought tolerant species and plants adapted to the local environment are encouraged ; turf areas and other water intensive plantings should be kept to a minimum. • Hardscape: Utilize durable all weather hardscape materials that will accommodate pedestrian activity, are compatible with their surroundings, and enhance the overall site design; decorative paving should highlight and embellish active pedestrian areas. • Walls & Fences: Provide site walls and fences with a decorative appearance; for example, through changes in materials and texture or landscape buffer. Long, uninterrupted expanses of site walls and fencing are discouraged, while utilitarian fencing material such as chain link, barbed wire, wrought iron spears, or similar fence types are prohibited. This item will utilize the existing CG Development Standard . 22 I Deve lopment Standards & Guideli nes 548 Signage & Lighting Guidelines • Signage Character: Design signage to be compatible with the overall site design and buildings architecture. In general, signage should be limited to the community's name, function, and address; it should not result in visual clutter and flashing or moving signs are prohibited. Please refer to Table 3 .1. • Lighting Character: Select a complementary family of fixtures with a similar aesthetic, emphasizing efficiency and good light control; direct glare should not spill onto adjacent properties and streets. Additionally, exterior lighting fixtures should be compatible with the building design and complement the landscape character. CRTKL I 23 549 4.1 GRADING The site consists of two separate parcels (or lots), totaling 3.1 acres . Existing development on each of these lots includes various commercial retail and office uses and considered to be level with the existing grade, with no subterranean structures or utilities of significant size or depth . The proposed project will encompass an approximately 298,000 square-foot senior living community with one level of below grade parking. A preliminary grading plan (Exhibit 4.1) has been completed for the proposed project with a preliminary excavation quantity estimate of approximately 55,000 cubic yards of dirt that will be exported from the site. When completed, the site will match the existing grades of the adjacent properties and streets of each of the four corners of the site. 4.2 DRAINAGE The subject site is currently covered by approximately 90% impervious surfaces (i.e., parking lots, drive aisles, and buildings). The highest point of the property is in the southwest area of the site and the lowest point is in the northeast area of the site with a grade differential of approximately 6-feet. Runoff from the site discharges onto the adjacent streets. Balsa Chica Street to the east and Warner Avenue to the north. The runoff is then collected via two existing catch basins located on the southwest corner of Balsa Chica Street and Warner Avenue which ultimately discharges into the Orange County Flood Control District's Sunset Channel. The drainage pattern is required by the Specific Plan to mirror the existing site conditions. However, new trench drains at the new driveway entrances will pick up surface runoff to be routed through the building and drain towards the north side of the property. This runoff will be treated by modular wetlands before entering the City of Huntington Beach's existing catch basin located on Warner Avenue, in compliance with California's Clean Water Act and the Regional Water Quality Control Board regulations. The existing storm drain system servicing the project area will be unaffected by possible changes in use from office and retail to senior living, provided basic drainage patterns remain intact. The total volume of run-off entering the storm drain system should decrease overtime as a result of regulatory intervention. The Specific Plan calls for the collection of stormwater runoff for infiltration, harvest and reuse, and detention when feasible. The City's Public Works Department indicates that the existing storm drain system is in a good state of repair. Therefore, no new improvements should be necessary, other than those associated with new 24 I I 11frastructure 550 CRTKL I 25 551 development. Existing record data prov i ded by the City reflects that there is a 24-inch RCP (reinforced concrete p i pe) storm drain located at the northeast side of the property on Warner Avenue connected to an existing catch basin , which flows easterly into a northerly flowing 48-inch RCP. There is an existing catch basin at the northeast side of the property on Balsa Chica Street that has a 24-inch RCP that flows north. This storm pipe eventually connects to the aforementioned 48-inch RCP. 4 .3 WATER Projected water demands for various land uses can be approximated by applying empirically established water usage rates. Such rates are used by municipal agencies and water purveyors to estimate whether water supplies and/or facilities can adequately support proposed development projects. Increased water usage can be accommodated at the project site by installing a 6-inch lateral to the existing 12-inch ACP (asbestos-lined concrete pipe) water main within Balsa Chica Street. For commercial fi r e protection, two additional double check detector assemblies with points of connection to the building will be required: one at the northwest side of the property and the other at the southeast side of the property. Record data prov i ded by the City reflects that there is an existing loop system for the site: an 8-inch ACP water main that traverses east-west along Warner Avenue; south through the project site; then east along the southerly property line towards the existing 12-inch ACP water main located in Balsa Chica Street. The City 's Public Works Department indicates that a new 8-inch water main is required to be installed within Warner Avenue . The proposed 8-inch water service will connect to the 8-inch water main on Warner Avenue and extend east to the 12-inch water main located at the intersection of Warner Avenue and Balsa Chica Street. Water improvements in the City of Huntington Beach are required to be a minimum of 3 ½ feet below the finish surface to the top of pipe, and all other utilities must be a minimum of 6 26 I l 11frastr u cture 552 feet clear of all water mains. Therefore, for new construction within the project area, the location of water mains will govern the location of all other new utilities . 4.4 SEWER Increased sewage will be generated from the project area with the introduction of a maximum of 215 units of senior living occupancy. Increased sewage flow can be accommodated by one new connection to the existing 8-inch sewer lateral located on Warner Avenue (flowing south to north). Since there is a long distance between the south side and north side of the property, increased sewage flow can also be accommodated by adding two additional sewer connections to the existing 8 -inch VCP (vitrified clay pipe) sewer main located on Balsa Chica Street (flowing south to north). Sanitary sewer service to the project area is provided by the City's Public Works Department. Existing record data provided by the City reflects that there is an existi ng 18-inch VCP sewer main located along Warner Avenue (flowing west to east). There is an 8-inch VCP sewer service that runs south to north in Balsa Chica Street which terminates at a manhole, and the remaining 21-inch VCP line flows south to northeast. The 18-inch VCP sewer main from Warner, and the 21-inch VCP sewer main combine at the east end of the intersection of Warner Avenue and Balsa Chica Street at an existing manhole. A 21- inch VCP sewer main starts at that point and goes east along Warner Avenue. Sewer mains are typically 8-feet in depth from the finish surface to the bottom of the pipe. Within public streets in the City of Huntington Beach , sewer mains are typically offset 5-feet from the centerline of the street, on the opposite side of water mains. The slope of sewer laterals (or house connections) is typically 2 percent to the sewer main . 4.5 DRY UTILITIES Electrical service to the site is provided by Southern California Edison. Natural gas is provided by the Southern California Gas Company. Overhead power poles are found along the frontage of the project site on the southerly portion of Balsa Chica Street only. Will serve letters from the utility companies indicate services can and will be provided to support the proposed project. CRTKL I 27 553 4 .6 WATER QUALITY MANAGEMENT The Clean Water Act mandates, in part, that municipal separate storm sewer systems (MS4s) obtain permits to "effectively proh i bit non-stormwater discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the max i mum extent practicable ... " Through permitting authority delegated by the United States Environmental Protection Agency (US EPA), California authorized the State Water Resources Control Board (SWRCB) and its local regulatory agencies, the Regional Water Quality Control Boards (RWQCB), to control non point source discharges to California's waterways . The state was divided into 9 regions with each region tasked with issuing waste discharge requirements governing stormwater runoff within their jurisdiction . These Permits under the Clean Water Act are collectively referred to as National Pollution Discharge Elimination System Permit (NPDES). To address stormwater pollution issues associated with new development and significant redevelopment projects , the Santa Ana RWQCB adopted Order No. RB-2009-0030 (NPDES Permit No. CAS618030), as amended by Order No. RB-2010-0062, and issued the order to Orange County, requiring the development and implementation of Low Impact Development (LID) Best Management Practices (BM Ps) to the maximum extent practicable (M EP) in order to reduce the amount of pollutants in stormwater and urban runoff from development projects . In response to the Order, O r ange County, with the City of Huntington Beach as a participating "co-permittee" for Storm Water Quality Management, developed the Drainage Area Management Plan (DAMP), which includes the Model Water Quality Management Plan (WQMP) and Technical Guidance Document (TGD), to provide direction to project proponents on water quality regulatory requirements applicable to private and public development activity from project conception to completion. To comply with the Permit, it w i ll be necessary for development w ithin the project area to develop a site specific WQMP report that follows the requirements found in the Model WQMP and TGD, and that is in compliance with the City 's Local Implementation Plan (LIP). The WQMP report specifies, where feasible and applicable, site design/LID, source control, and t r eatment control BMPs to the MEP that reduce or eliminate discharges of pollutants to the downstream receiv i ng waters. Development typically alters p r e-development hydrologic conditions by altering drainage patterns , increasing impervious areas and in turn reducing infiltration, increasing runoff flow rates and volumes, and increasing the discharge of pollutants . To counter this, development will need to use LID BMPs to manage the quantity and quality of runoff to maintain pre-developed hydrology conditions and mitigate potential discharge of pollutants. Under the Model WQMP and TGD, LID practices to be used for the proposed project must be determined using the follow i ng hierarchy: infiltration; harvest and use; evapotranspiration; or biotreatment. 28 I l 11fras tru cture 554 New development and significant redevelopment projects are determined to be either Pr iority or Non-Priority projects based on criteria established in the Model WQMP, including the amount of impervious surface created or replaced, the proposed use , and the proj ect location . Priority projects are required to implement LID design features, whereas Non-Prio r ity projects shall consider LID where feasible. A preliminary WQMP must be submitted to the City as part of the application for discretionary project approval. A final WQMP must be approved prior to issuance of building or grading permits . CRTKL I 29 555 5.1 SPECIFIC PLAN ADOPTION Adoption: This Specific Plan has been adopted by City Council Resolution No. 19, including concurrent City Council approval of a General Plan Amendment, Zoning Map Amendment, as well as certification of the Environmental Impact Report (El R). Adoption of the Bolsa Chica Senior Living Community Specific Plan establishes land use regulations, development standards, and design guidelines applicable to the Specific Plan area. 5.2 SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City Council hereby declares that it would have adopted these titles and each sentence, subsection, sentence, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. 5.3 SPECIFIC PLAN AMENDMEN T S Major Amendments: Changes to the Development Plan and/or other changes to the Specific Plan that are of a substantial nature and/or alter the intent and purpose of the Specific Plan, shall require an Amendment processed in accordance with the provisions of Chapter 247 of the Zoning and Subdivision Ordinance. Minor Amendments: The Community Development Director shall review and approve minor changes and amendments to the Specific Plan, including the proposed Development Plan, based on changed circumstances, new information, or other relevant factors, provided the proposed change or amendment is in conformance with the development plan, standards, and guidelines as described in Sections 2 and 3 of the Specific Plan. Additionally, the following minor, technical, and/or informational revisions to the Specific Plan shall be considered Minor Amendments: 30 I Admin istr ation & lmpleme11tat i o11 556 • The addition of new information to the Specific Plan, in the form of maps and/or text, for the purpose of clarification that does not change the effect or intent of any regulation. • Clarification , including determination of meaning and intent, of any unclear or vague section, portion of a section, phrase, or word contained within this document, including typographical and grammatical errors. • Revisions to the location of infrastructure and/or service providers (such as drainage systems , on site access roads, water, and sewer systems, etc.) Provided that the agency or jurisdiction that regulates such infrastructure and/or service has reviewed and approved the revisions . • Adjustments to the development program, including minor changes in the size , mix, and type of residential living units , as well as the size, character, and type of site amenities, provided the overall intent and quality of the residential liv i ng experience is maintained . 5.4 I MPLEMENTAT I ON Subsequent Approvals: Concu r rent and subsequent entitlement applications including conditional use permits and tempo r ary use permits shall be consistent with the intent and requirements of the Specific Plan . Where the Specific Plan is silent, the provisions of the City of Huntington Beach Zoning & Subdivision Ordinance shall apply; additionally, the Specific Plan shall take precedence in the event of conflict between the Specific Plan and the Zoning & Subdivision Ordinance. CRTKL I 3 1 557 Specific Plan No. 19 Bolsa Chica Senior Living Community DRAFT: 09.05.23 558 2 | Introduction 559 | 3 TABLE OF CONTENTS Introduction ................................................................................. ..........5 1.1 Project Overview 1.2 Project Location 1.3 Project Rationale 1.4 Specific Plan Purpose Development Plan ...........................................................................13 2.1 Development Vision 2.2 Development Plan Development Standards & Guidelines ................... ..........18 3.1 Purpose & Intent 3.2 Development Standards 3.3 Design Guidelines Infrastructure ............................................................................. ........24 4.1 Grading 4.2 Drainage 4.3 Water 4.4 Sewer 4.5 Dry Utilities 4.6 Water Quality Management Administration & Implementation .......................... ............30 5.1 Specific Plan Adoption 5.2 Severability 5.3 Specific Plan Amendments 5.4 Implementation 1 2 3 4 5 560 LIST OF EXHIBITS, TABLES & APPENDICES Introduction Exhibit 1.1: Vicinity Map ................................................................................. Exhibit 1.2: Site Aerial and Surroundings................................................ ......... Exhibit 1.3: Land Use Map....................................................................... ......... Exhibit 1.4: Zoning Map ......................................................................... ....... Development Plan Exhibit 2.1: Proposed Site Plan.................................................................... .. Exhibit 2.2: Design Reference............................................................... ....... .. Exhibit 2.3: Landscape Character Reference......................................... ....... .. Development Standards & Guidelines. Table 3.1: Development Standards...................................................... ..... Infrastructure Exhibit 4.1: Grading Plan..................................................................... ....... ... Administration & Implementation 5 6 12 12 15 16 17 18-19 25 1 2 3 4 5 561 | 5 1.1 PROJECT OVERVIEW The goal of the Bolsa Chica Senior Living Community Specific Plan is intended to facilitate the redevelopment of an underutilized 3.1-acre commercial center at the southwest corner of Bolsa Chica Street and Warner Avenue by establishing zoning standards that permit the development of a state-of-the-art senior living community. This Specific Plan would allow a maximum of 215 living units (independent living, assisted living and memory care), on-site parking within a single level subterranean parking garage as well as residential amenities and associated infrastructure improvement in a maximum of 298,000 square feet. A portion of the building (assisted living and memory care units) will be licensed by the California Department of Social Services as a Residential Care Facility for the Elderly (RCFE). Accordingly, care for assisted living and memory impaired residents will be provided on a 24-hours a day, seven days a week basis; this will allow residents to have the option and communities to age in place and receive assistance with the activities of daily living. 1.2 PROJECT LOCATION The Senior Care Community is proposed for the southwest corner of Warner Avenue and Bolsa Chica Street (4952 and 4972 Warner Avenue (Assessor Parcel Numbers 163-281-01 and 163-281- 02)). A legal description of the property is provided in Appendix 6.2 and provides an accurate delineation of the boundaries of the Specific Plan Area. The site is advantageously situated in the northwest section of Huntington Beach, affording relative proximity to Huntington Harbour and Bolsa Chica Ecological Reserve, as indicated in Exhibit 1.1. INTRODUCTION 1 Exhibit 1.1: Vicinity Map N 562 s ~ l WeSIPar/Or undh1II Dr Sea H.:irbolX D1 5 Re<t'-~i:J::Jo.'• UPS Stora G Orugg1,1 Pharma.y l-llntmgton Harbour CarW;nh Cl'Mh!On 5 • " 8 Pearce Dr 5 < 2 G l Stllho n c u· ~ -a ~ 5 ~ i ~ ~ j Foxglove Dr Shark o, Walgl'ffnt Srpharnucy Pick Up sc,11 Stafboc.11 ■ Aco rn 0 , Warnor.rAve ii I PROJECT SITE Los Patos Ave Winthro p Or CovevewSI We llfleet Or ·'" BnghtWate.501 ~Edgafb J "'"?o.,.. ~~ < i f ~ l (? '"'~ OunbarD, 5 ? Tort1.gaD r ,_47fi Parkude """ s IJ f 5 Oibb,Park e " Dove no~ Oki Pirate Or Rosecres1 Or 5 ..s -= OVerland Or aor-.1nza Dr Warner•Ave- LI Dorado Dr 0 ~ E 8 GlenroyOr Ke n1h-«lnh Dr 5 Rwe ,gale Dr 6 | Introduction It is readily accessed from the 405 Freeway by Bolsa Chica Street (about 4 miles distance) and from Pacific Coast Highway via Warner Avenue (about 1.5 miles distance). Existing Conditions: The property is a 3.1-acre flat, rectangular shaped parcel, fully developed with commercial office and retail uses and associated surface parking lots. These uses are contained within a large three-story office building facing Bolsa Chica Street, totaling approximately 55,000 square feet and a smaller two-story commercial building fronting on Warner Avenue. There are three (3) vehicular access points along Bolsa Chica Street, and two (2) vehicular access points along Warner Avenue. The area is generally comprised of commercial uses fronting Warner Avenue near the intersection of Bolsa Chica Street with largely for-rent residential at various densities. Per the City’s General Plan, Warner Avenue is classified as a Major Arterial and Bolsa Chica Street is classified as a Major Arterial north of Warner and as a Collector south of Warner. Exhibit 1.2: Site Aerial and Surroundings VIEW 1 VIEW 2 VIEW 3 VIEW 4 N 563 | 7 1.3 PROJECT RATIONALE As the median age of Huntington Beach residents continues to increase, market research indicates that many seniors are searching for alternative housing options that allow them to age in place close to their social network of family and friends. Senior living communities are designed to provide residents a unique, vibrant living experience that encourages socialization and provides continuing care and other services. Many senior living communities will offer a wide range of customizable care options that residents can modify at any time to continue to age in place. Senior living communities will offer three meals a day, seven days a week from a central kitchen. Other amenities are provided to residents, such as educational and fitness classes, live entertainment, arts & crafts, social events, multiple communal dining venues, and a 24-hour concierge service. These amenities and services are integral to the essence of a senior living community. As such, a senior living building must be designed in a way to accommodate the necessary square footage intended for these amenities and services, as well as efficiently interconnecting these spaces to one another. Therefore, the scale and massing of a senior living building will differ from a standard residential apartment building of the same unit count. Since most of the activities of daily living are provided on-property including ample outdoor space, there is limited need for residents to leave the community. For those events, activities or excursions that require transportation, the community provides both personal and group transportation. Given all the amenities and services offered, the need to own and drive one’s personal car is very low. Therefore, the parking demand is substantially less. Senior living projects can positively contribute to a cohesive and diverse community in several ways, most significantly by providing a uniquely tailored housing option to those aged 55 and older. This relieves the responsibilities associated with home ownership, offers resident-centered care and wellness, and encourages socialization through a robust amenity program. Whether one or all three of the previously listed characteristics of senior living communities are the reason someone aged 55 and older becomes a resident, many of these residents end up selling their previous homes, thereby increasing the housing supply of the surrounding community (by adding a commercial use rather than high-density housing). A 2021 study from Statista showed that the rate of homeownership for millennials in the U.S. is less than half the rate of homeownership for people aged 65 and older. By providing those aged 65 and up with an alternative housing Immediately surrounding land uses encompass a mix of retail uses to the north across Warner Avenue, including a Walgreens. To the east across Bolsa Chica Street are four single family homes and an automotive repair business. Located on the adjacent property to the south is a single-story industrial building occupied by a telecommunications company, and on the adjacent property to the west is a two-story apartment complex with lofted roofs. Exhibit 1.2 provides an aerial and photographs of the site and surroundings. 564 8 | Introduction option specifically catered to them, the disparity of homeownership in the U.S. between age demographics could potentially diminish as more homes are made available to younger homebuyers. Independent Living units provide both a social and need-driven type of housing targeting residents aged 55 and older (per Federal Law). Independent Living is considered part of the continuum of care within a senior living community and provides an amenity rich and service- oriented living environment, including, among other things: dining, wellness and fitness, social activities, and transportation. Independent Living differs from conventional multi-family, in four specific areas, as follows: 1. The community is age -restricted. The first and most important distinction of Independent Living is the Federal law that permits restricting the age of the primary resident to a minimum of 55 years, as detailed in the Fair Housing Act. Although the age minimum is set at 55, the national average age of an Independent Living resident is more typically between 78 and 84 years of age. 2. The community is designed to provide onsite most of all living, social, fitness, wellness, health, beauty-care, and dining needs. The proposed community is anticipated to include: multiple dining options served by a commercial kitchen, multiple activity and social areas, wellness and fitness center (including health offices, beauty salon and spa). 3. The community provides transportation for its residents. For excursions and activities outside of the community, transportation can be provided with one or more of the community vehicles, which includes a community van and sedan. 4. Finally, the community provides onsite staff to deliver services to its residents. This includes food and beverage, housekeeping, and wellness and fitness. The community will also conduct social events and activities for its residents. Huntington Beach’s local population is aging, indicating a need for more senior living communities. Census data from April 2020 illustrates that 25% of the Huntington Beach population is 60 years of age or older. Overall, Orange County’s residents aged 65 or older comprise 17% of its population, a number expected to rise to 27% of the population by 2060. A macro perspective shows the U.S. population aged 75 or older is expected to grow by 50% over the next 10 years and double over the next 20 years. One can expect Huntington Beach’s senior population to mirror the growth projected in both Orange County and the U.S. As the local population ages, the proposed Bolsa Chica Senior Living Project will assist the City by directly addressing this need and the lack of supply in the local market. 565 | 9 1.4 SPECIFIC PLAN PURPOSE As the population ages, the demand for senior care communities is increasing within the city and throughout the region. Given the scarcity of available land in the city, development of a senior living community of sufficient scale to effectively support aging in place and meet the State licensing requirements of a residential care community necessitates a higher intensity than currently permitted under Huntington Beach’s commercial zoning. Adoption of the Bolsa Chica Senior Living Community Specific Plan establishes site development standards and design guidelines that, upon adoption by the City, will promote development of a senior living community that meets the highest industry standards. Additionally, the Specific Plan ensures the following criteria are implemented in this senior community: • The proposed development achieves consistency with the General Plan based upon concurrent approval of the change in General Plan Land Use Element designation from Commercial General (CG) to Mixed Use (MU). The Mixed-Use designation accommodates the necessary density and mix of senior residential living, recreation, dining, services, employment, and amenities that are critical to successful operation of the community. • The project will achieve a superior level of urban design. Development standards and design guidelines are tailored to meet the needs of a high-quality senior residential care community, while enhancing the visual character of the surrounding neighborhood. Please refer to Section 3 to review the proposed project’s development standards and design guidelines. • The Bolsa Chica Senior Living Community offers synergistic benefits to the neighborhood and city. It will expand Huntington Beach’s range of housing opportunities and support the city’s family orientation by allowing elderly members of the community to age in place close to their adult children while allowing existing conventional housing to be available for younger families. • The demand for public services will not exceed the capacity of planned and existing systems as determined in the EIR analysis. Of note, the proposed development is compatible with surrounding land uses and will be serviced by arterial and collector streets that support higher density infill development. Purpose & Objectives: The purpose of the Bolsa Chica Senior Living Community Specific Plan No. 19 (hereafter, Specific Plan) is to guide the development of a new state-of-the-art senior living community at the identified location. The objectives of the Specific Plan are as follows: • Meet increasing demand for senior living communities in Huntington Beach at a scale of development suitable to current industry standards. 566 10 | Introduction • Provide opportunity for residents to age in place through provision of multiple unit types accommodating independent living, assisted living, and memory care. • Afford around-the-clock staff assistance, particularly for the assisted living and memory care units, as well as a range of amenities that will maintain a high quality of life and support activities associated with daily living. • Deliver benefits to the community by expanding the range of housing opportunities with a particular focus on addressing the needs of the elderly. • Ensure compatibility with surrounding land uses and enhance the character of the surrounding neighborhood. • Achieve a high standard of design through application of development standards and design guidelines appropriate to a senior living community. • Provide criteria for evaluating the project proposal and any subsequent entitlement requests as appropriate. Authority & Scope: A Specific Plan is a regulatory tool used to implement the City’s General Plan and direct development within a defined geographic area. While the General Plan is the primary vehicle to guide city-wide growth and development, a specific plan customizes the development vision and principles, and land use regulations and guidelines to a defined area, consistent with the City’s vision for the property, the surrounding context, and the distinct characteristics of the property. The Specific Plan has been prepared pursuant to Section 65450 et seq. of the State of California Government Code. This Code sets forth the minimum requirements for a Specific Plan, including provisions for a land use plan, infrastructure plan, and criteria and standards for development. Additionally, Chapter 215 of the City of Huntington Beach Zoning & Subdivision Ordinance establishes the SP (Specific Plan) District for the development and administration of Specific Plans, and sets forth requirements, including plans and materials that will accompany an application for rezoning to a SP District. The Specific Plan has been drafted to meet the intent and requirements of the California Government Code and the City of Huntington Beach Zoning & Subdivision Ordinance, and will be used to implement the City’s General Plan. It provides all applicable land use regulations and thus constitutes the zoning ordinance for the property. The development regulations and supplemental design guidelines contained herein will take precedence over conflicting provisions of the Huntington Beach Zoning Code, unless otherwise noted. General Plan & Zoning Consistency: The property is currently designated as Commercial General 567 | 11 (CG) on both the City’s General Plan Map and the Zoning Map. Although CG zoning does allow for development of residential group communities, the associated site development standards do not accommodate a state-of-the-art senior living community built at an economically viable and functional density. Development of the proposed community requires a General Plan Amendment to change the land use designation from CG to Mixed-Use (MU) and a Zoning Map Amendment to change the property’s zoning from CG to Specific Plan (SP). Exhibit 1.3 depicts the existing land use designation for the site and surrounding, as well as the proposed land use designation for the site; Exhibit 1.4 depicts the existing zoning for the site and surroundings, as well as the proposed zoning for the site. A Conditional Use Permit to be approved by the Planning Commission will also be required to construct the project. CEQA Compliance: In accordance with the California Environmental Quality Act (CEQA) an Environmental Impact Report (EIR) has been prepared to provide the public and decision makers with information concerning the potential environmental impacts associated with development of the project. The EIR incorporates an analysis of alternatives to the project in accordance with State CEQA guidelines. Reference IR No. 21-004. 568 12 | Introduction Exhibit 1.3: Land Use Map Exhibit 1.4: Zoning Map LAND USE MAP - EXISTING PLAN LAND USE MAP - PROPOSED ZONING MAP - EXISTING ZONING MAP - PROPOSED 569 Covevlew or. 1 ..:i ~ ,'r-r--\ I ~altmn. nr • LENGEND CBI] Residential Low Density []BJ Residential Medium Density -Residential Medium High Density IOS-PI Park -Conservation -Commercial General -Mixed Use LENG END CBI] Residential Low Density [BB] Residential Medium Density -Residential Medium High Density -Residential Agriculture -Commercial General Coastal Zone Overlay Boundary [}[] Specific Plan Designations | 13 2.1 DEVELOPMENT VISION Plan Vision: A new senior care community of approximately 298,000 square feet will accommodate a maximum of 215 senior living units that will offer independent living, assisted living, and memory care units. Emphasis has been placed on designing a community that will complement and enhance its visual surroundings and be compatible with the neighborhood, while providing a service to the community in meeting a growing demand for senior living communities. Development Principles: The following principles shall direct the development and design of the senior living community: • Consider neighborhood context and impacts on adjoining properties in determining site layout and building design, including appropriate transitions in use and scale. • Create a sensible and orderly site plan based on a clear and functional site organization, including safe and efficient site access and circulation. • Design aesthetically pleasing building(s) that contribute to the character and quality of the surrounding neighborhood and foster a sense of community. • Introduce a variety of amenities that enhance the quality of life and residential living experience of the community’s occupants. • Provide usable outdoor space that supports social gathering and meets the passive recreational needs of residents, employees, and visitors to the community. • Encourage rich and harmonious landscape design that complements the building and site. • Incorporate sustainable design practices that conserve energy and water resources. DEVELOPMENTPLAN 2 570 14 | Development Plan 2.2 DEVELOPMENT PLAN Land Use Plan: The proposed General Plan Land Use designation for the Specific Plan Area is Mixed-Use, which shall allow for the proposed Residential Group Community, to include senior living residential units accommodating independent living, assisted living, and memory care, as well as dining, common areas and recreational, projects amenities, and other support facilities, along with employee office space. Development Program: The development program allows senior living community of approximately 298,000 square feet, with on-site parking spaces provided almost entirely within a single level subterranean parking garage. Various amenities for the residents and other site improvements that contribute to a high-quality environment will also be provided. The senior living units will be comprised of a mixture of Memory Care Units, Assisted Living Units, and Independent Living Units. Amenities for residents are to include, but not limited to, multiple restaurant-style dining venues; fitness and wellness center; salon and studio spaces; theater; art room; and multi-purpose rooms. Outdoor spaces are to include, but not limited to, courtyards, pool, and gardens. Vans will be used to transport residents to off-site activities. Development Character: The maximum height of the structure will not exceed 65 feet (excluding mechanical equipment) and a maximum of five (5) stories. Required setbacks of the upper floors and balconies at various points along the elevations will reduce the mass of the structure, provide articulation along the building plane and promote a comfortable transition in scale to adjacent uses. Almost all of the on-site parking will be provided at the subterranean level to ensure a visually appealing street environment. The main driveway with porte cochere and vehicular access to the subterranean parking will be provided off Bolsa Chica Street. Two (2) fire access roads are also to be provided, located along the southern edge of the property and entered from Bolsa Chica Street, and at the northwestern edge of the property and entered from Warner Avenue. The proposed site layout is shown in Exhibit 2.1. 571 CRTKL | 15 SI T E P L A N Ma i n A r r i v a l Tu r n a r o u n d Turnaround Ga r a g e E n t r y Vehicular Site EntryStacking Diagram Building Main Entry 0 50 10 0 20 0 Pr o p e r t y L i n e Ri g h t - o f - w a y Se t - b a c k L i n e Warner Avenue Bo l s a C h i c a R d Bo l s a C h i c a S t Fire Lane Fi r e L a n e Project ZFA: 285,150 sf (not including parking)Independent Living: 144,980 sf Assisted Living: 63,740 sf Memory Care: 28,560 sf Common/BOH: 47,870 sf Total Units: 202 Independent Living: 112 Assisted Living: 62 Memory Care: 28 Total Parking: 207 Basement: 203 Above-grade: 4 *All numbers are preliminary and subject to change64’-9”13’-0”12’-0”12’-0”12’-0”15’-9”12’-0”Level 5: IL Level 4: IL Level 3: IL AL Level 2: MC AL Level 1: IL Common/BOH Level B1: Parking/Mech Hu n t i n g t o n B e a c h , C A HU N T I N G T O N B E A C H S E N I O R L I V I N G Re v i s e d P l a n n i n g Hi n e s Cl e a r w a t e r L i v i n g ©2022 CRTKL 6/30/2022 SITE PLAN Main Arrival Turnaround Tu r n a r o u n d Garage Entry Vehicular Site Entry Stacking Diagram Building Main Entry 0 50 100 200 Property Line Right-of-way Set-back Line Wa r n e r A v e n u e Bolsa Chica RdBolsa Chica St Fi r e L a n e Fire Lane Project ZFA: 285,300 sf (not including parking) Independent Living: 148400 sf Assisted Living: 63,000 sf Memory Care: 28,600 sf Common/BOH: 45,300 sf Total Units: 206 Independent Living: 118 Assisted Living: 60 Memory Care: 28 Total Parking: 234 Basement: 230 Above-grade: 4 *All numbers are preliminary and subject to change 64’-9” 14’-0” 12’-0” 11’-0” 12’-0” 15’-9” 12’-0” Level 5: IL Level 4: IL Level 3: IL AL Level 2: MC AL Level 1: IL Common/BOH Level B1: Parking/Mech Huntington Beach, CA HUNTINGTON BEACH SENIOR LIVING Revised Planning Hines Clearwater Living ©2021 CRTKL 6/9/2022 Exhibit 2.1: Proposed Site Layout N 572 16 | Development Plan The proposed architectural appearance reflects the characteristics of ocean-side towns and the climate of Southern California. The main exterior building materials are anticipated to include glass, stucco, composite panels, and wood in a mix of color palettes to fit the overall design character. Exhibit 2.2 offers reference images for the building design. Landscape Character: The landscape plan will incorporate an attractive mixture of hardscape and softscape areas, intended to enhance the site’s appearance from the street; buffer adjacent uses; promote comfortable on-site pedestrian circulation; and provide a comfortable setting for outdoor gathering and recreation. The plant palette will include a water-wise mix of trees, shrubs, and ground cover. Reference images for the landscape character are provided in Exhibit 2.3. Exhibit 2.2: Design Reference 573 CRTKL | 17 Exhibit 2.3: Landscape Character Reference Other features to be included in the landscape plan are as follows: • Enhanced paving and accent planting to enhance the drop-off area and create a welcoming entry. • Courtyard space incorporating outdoor dining, flexible patio area, and other amenities. • A pool and outdoor exercise area on the west side of the building, shielded from the adjacent property by tall plantings. • A memory care garden featuring a range of ornamental plantings. • Turf block paving for the fire lane along the south side of the property. These landscape features are proposed but not required in the plans. However, the project will conform with the existing development standard which stipulates that a minimum of eight percent of the total net site area shall be landscaped. 574 18 | Development Standards & Guidelines DEVELOPMENT STANDARDS & GUIDELINES 3 3.1 PURPOSE & INTENT The purpose of this chapter is to set forth development standards and design guidelines that are particular to the Specific Plan Area and facilitate development of the proposed senior living community. These standards and guidelines are intended to support the development vision and principles, which emphasize a high-quality, full service senior living environment that is compatible with and complements the surrounding neighborhood. Additionally, the standards and guidelines contained herein will serve as the criteria for subsequent review and issuance of building permits required for development of the site. Plans and materials submitted for review and approval shall adhere to all Development Standards, excepting minor variations approved by the Community Development Director (as described in Section 5.3), and determined to substantially conform to the Design Guidelines. 3.2 DEVELOPMENT STANDARDS Table 3.1 presents building envelope, open space, parking and loading, and signage standards applicable to the Specific Plan Area. Development standards not contained herein are intended to utilize the existing CG Development Standards. BUILDING ENVELOPE STANDARDS OPEN SPACE STANDARDS FAR: 2.5 maximum Common Open Space: - 5,000 square feet minimum - excludes required setbacks Height: 65 feet maximum / exceptions per HBMC 230.72 not to exceed additional 10 feet Lot Coverage: 60% maximum Street Setback (Warner Avenue): - 10 feet minimum Street Setback (Bolsa Chica Street): - 10 feet minimum - 0 feet minimum for subterranean parking Adjacent Property Setback: -10 feet minimum - 0 feet minimum for subterranean parking 575 CRTKL | 19 PARKING & LOADING STANDARDS SIGN STANDARDS Parking: - 0.65 spaces per memory care and assisted living unit - 1.2 spaces per independent living unit Permitted Sign Types: - building wall sign - freestanding sign Loading: 2 spaces minimum Sign Placement: - freestanding signs shall be affixed to a site wall - or placed within a landscape planter Sign Number: - one (1) per street frontage Sign Area: - 25 square feet maximum for building wall sign - 50 square feet maximum for freestanding sign Sign Copy: - 24-inch maximum height - limited to development name and address 576 20 | Development Standards & Guidelines 3.3 DESIGN GUIDELINES Site Planning Guidelines • Site Character: Place site elements, including building, circulation routes, parking, communal outdoor space, and landscape areas to create an orderly site plan and contribute to a positive neighborhood character. • Site Access & Circulation: Design vehicular and pedestrian circulation systems for safe, efficient, and convenient site access and utilization. • Parking: Position and design parking facilities to reduce their visual impact. Subterranean parking is encouraged, while expansive surface parking areas should be avoided. Please refer to Table 3.1. • Pedestrian Access & Circulation: Provide safe, convenient, and clearly identifiable pedestrian walkways, designed to minimize conflicts with vehicular access and circulation. Shaded pedestrian walkways and connections are encouraged. • Service & Trash Areas: Locate and screen service areas to minimize their visual impact while permitting suitable access by service providers. Trash areas should be placed in areas of low visibility and screened from street views or areas with high pedestrian traffic; screening may be provided through compatible architectural treatment and plantings. This item will utilize the existing CG Development Standard. • Communal Outdoor Space: Incorporate communal outdoor space, such as a courtyard for the use of residents and their guests. These spaces well-defined by building and landscape, while accommodating social interaction and passive recreation. • Private Open Space: Provide enclosed private outdoor open space in the form of a balcony or patio for independent living units where appropriate; such open space shall adjoin the unit and be a useable size and dimension for residents of the unit. 577 CRTKL | 21 Building Design Guidelines • Building Character & Quality: Design a visually attractive building that improves the aesthetic quality of site and surroundings. The building should exhibit a unified composition, achieving a sense of proportion and balance in both exterior form and the placement of such features as windows, doors, and other architectural elements. • Façade Articulation: Modulate exterior building walls; articulation may include change of wall plane, door and window treatment, and other compatible architectural treatment that creates an interesting pattern of projections and provides visual relief (e.g., balconies, canopies and overhangs, eaves, etc.). • Windows & Doors: Use window and doors to establish scale and give architectural expression to the facade; there should be a clear pattern of fenestration that unifies the building. Recess windows and entries to enhance façade depth and create shadow lines. • Architectural Details: Incorporate architectural details that provide visual interest and introduce a human dimension; which may include such features as pilasters, course lines, window heads, cornices, etc. Ensure that architectural features are integral and contribute to a harmonious design. • Materials & Finishes: Choose materials, textures, and colors that add visual interest and complement the scale and character of the building. • Material Quality: Select building materials and finishes that convey a sense of permanence; materials should be able to withstand weather and wear. 578 22 | Development Standards & Guidelines Landscape Design Guidelines • Landscape Character & Quality: Provide a landscape setting that enhances the overall aesthetic character and function of the site and creates a pleasing environment for pedestrian circulation and gathering. Consider special landscape treatment at entryways and for outdoor communal areas, for example, through accent planting, decorative hardscape, etc. • Outdoor Space Design: Furnish and enrich outdoor gathering spaces with amenities such as attractive plantings, benches and seating, pedestrian-scaled light fixtures, decorative paving, etc.; outdoor seating areas should be shaded by trees and structures such as trellises, pergolas, canopies, etc. • Planting Materials: Introduce a rich, coordinated palette of planting materials within landscape areas, including a practicable combination of shade trees, shrubs, groundcovers, and accent plants. Drought tolerant species and plants adapted to the local environment are encouraged; turf areas and other water intensive plantings should be kept to a minimum. • Hardscape: Utilize durable all weather hardscape materials that will accommodate pedestrian activity, are compatible with their surroundings, and enhance the overall site design; decorative paving should highlight and embellish active pedestrian areas. • Walls & Fences: Provide site walls and fences with a decorative appearance; for example, through changes in materials and texture or landscape buffer. Long, uninterrupted expanses of site walls and fencing are discouraged, while utilitarian fencing material such as chain link, barbed wire, wrought iron spears, or similar fence types are prohibited. This item will utilize the existing CG Development Standard. 579 CRTKL | 23 Signage & Lighting Guidelines • Signage Character: Design signage to be compatible with the overall site design and buildings architecture. In general, signage should be limited to the community’s name, function, and address; it should not result in visual clutter and flashing or moving signs are prohibited. Please refer to Table 3.1. • Lighting Character: Select a complementary family of fixtures with a similar aesthetic, emphasizing efficiency and good light control; direct glare should not spill onto adjacent properties and streets. Additionally, exterior lighting fixtures should be compatible with the building design and complement the landscape character. 580 24 | Infrastructure INFRASTRUCTURE 4 4.1 GRADING The site consists of two separate parcels (or lots), totaling 3.1 acres. Existing development on each of these lots includes various commercial retail and office uses and considered to be level with the existing grade, with no subterranean structures or utilities of significant size or depth. The proposed project will encompass an approximately 298,000 square-foot senior living community with one level of below grade parking. A preliminary grading plan (Exhibit 4.1) has been completed for the proposed project with a preliminary excavation quantity estimate of approximately 55,000 cubic yards of dirt that will be exported from the site. When completed, the site will match the existing grades of the adjacent properties and streets of each of the four corners of the site. 4.2 DRAINAGE The subject site is currently covered by approximately 90% impervious surfaces (i.e., parking lots, drive aisles, and buildings). The highest point of the property is in the southwest area of the site and the lowest point is in the northeast area of the site with a grade differential of approximately 6-feet. Runoff from the site discharges onto the adjacent streets. Bolsa Chica Street to the east and Warner Avenue to the north. The runoff is then collected via two existing catch basins located on the southwest corner of Bolsa Chica Street and Warner Avenue which ultimately discharges into the Orange County Flood Control District’s Sunset Channel. The drainage pattern is required by the Specific Plan to mirror the existing site conditions. However, new trench drains at the new driveway entrances will pick up surface runoff to be routed through the building and drain towards the north side of the property. This runoff will be treated by modular wetlands before entering the City of Huntington Beach’s existing catch basin located on Warner Avenue, in compliance with California’s Clean Water Act and the Regional Water Quality Control Board regulations. The existing storm drain system servicing the project area will be unaffected by possible changes in use from office and retail to senior living, provided basic drainage patterns remain intact. The total volume of run-off entering the storm drain system should decrease overtime as a result of regulatory intervention. The Specific Plan calls for the collection of stormwater runoff for infiltration, harvest and reuse, and detention when feasible. The City’s Public Works Department indicates that the existing storm drain system is in a good state of repair. Therefore, no new improvements should be necessary, other than those associated with new 581 CRTKL | 25 Exhibit 4.1: Grading Plan N 582 ------------------------0 -----r-- J"G -~ a· w EB 26 | Infrastructure development. Existing record data provided by the City reflects that there is a 24-inch RCP (reinforced concrete pipe) storm drain located at the northeast side of the property on Warner Avenue connected to an existing catch basin, which flows easterly into a northerly flowing 48-inch RCP. There is an existing catch basin at the northeast side of the property on Bolsa Chica Street that has a 24-inch RCP that flows north. This storm pipe eventually connects to the aforementioned 48-inch RCP. 4.3 WATER Projected water demands for various land uses can be approximated by applying empirically established water usage rates. Such rates are used by municipal agencies and water purveyors to estimate whether water supplies and/or facilities can adequately support proposed development projects. Increased water usage can be accommodated at the project site by installing a 6-inch lateral to the existing 12-inch ACP (asbestos-lined concrete pipe) water main within Bolsa Chica Street. For commercial fire protection, two additional double check detector assemblies with points of connection to the building will be required: one at the northwest side of the property and the other at the southeast side of the property. Record data provided by the City reflects that there is an existing loop system for the site: an 8-inch ACP water main that traverses east-west along Warner Avenue; south through the project site; then east along the southerly property line towards the existing 12-inch ACP water main located in Bolsa Chica Street. The City’s Public Works Department indicates that a new 8-inch water main is required to be installed within Warner Avenue. The proposed 8-inch water service will connect to the 8-inch water main on Warner Avenue and extend east to the 12-inch water main located at the intersection of Warner Avenue and Bolsa Chica Street. Water improvements in the City of Huntington Beach are required to be a minimum of 3½ feet below the finish surface to the top of pipe, and all other utilities must be a minimum of 6 583 CRTKL | 27 feet clear of all water mains. Therefore, for new construction within the project area, the location of water mains will govern the location of all other new utilities. 4.4 SEWER Increased sewage will be generated from the project area with the introduction of a maximum of 215 units of senior living occupancy. Increased sewage flow can be accommodated by one new connection to the existing 8-inch sewer lateral located on Warner Avenue (flowing south to north). Since there is a long distance between the south side and north side of the property, increased sewage flow can also be accommodated by adding two additional sewer connections to the existing 8-inch VCP (vitrified clay pipe) sewer main located on Bolsa Chica Street (flowing south to north). Sanitary sewer service to the project area is provided by the City’s Public Works Department. Existing record data provided by the City reflects that there is an existing 18-inch VCP sewer main located along Warner Avenue (flowing west to east). There is an 8-inch VCP sewer service that runs south to north in Bolsa Chica Street which terminates at a manhole, and the remaining 21-inch VCP line flows south to northeast. The 18-inch VCP sewer main from Warner, and the 21-inch VCP sewer main combine at the east end of the intersection of Warner Avenue and Bolsa Chica Street at an existing manhole. A 21- inch VCP sewer main starts at that point and goes east along Warner Avenue. Sewer mains are typically 8-feet in depth from the finish surface to the bottom of the pipe. Within public streets in the City of Huntington Beach, sewer mains are typically offset 5-feet from the centerline of the street, on the opposite side of water mains. The slope of sewer laterals (or house connections) is typically 2 percent to the sewer main. 4.5 DRY UTILITIES Electrical service to the site is provided by Southern California Edison. Natural gas is provided by the Southern California Gas Company. Overhead power poles are found along the frontage of the project site on the southerly portion of Bolsa Chica Street only. Will serve letters from the utility companies indicate services can and will be provided to support the proposed project. 584 28 | Infrastructure 4.6 WATER QUALITY MANAGEMENT The Clean Water Act mandates, in part, that municipal separate storm sewer systems (MS4s) obtain permits to “effectively prohibit non-stormwater discharges into the storm sewers” and “require controls to reduce the discharge of pollutants to the maximum extent practicable...” Through permitting authority delegated by the United States Environmental Protection Agency (US EPA), California authorized the State Water Resources Control Board (SWRCB) and its local regulatory agencies, the Regional Water Quality Control Boards (RWQCB), to control non point source discharges to California’s waterways. The state was divided into 9 regions with each region tasked with issuing waste discharge requirements governing stormwater runoff within their jurisdiction. These Permits under the Clean Water Act are collectively referred to as National Pollution Discharge Elimination System Permit (NPDES). To address stormwater pollution issues associated with new development and significant redevelopment projects, the Santa Ana RWQCB adopted Order No. R8-2009-0030 (NPDES Permit No. CAS618030), as amended by Order No. R8-2010-0062, and issued the order to Orange County, requiring the development and implementation of Low Impact Development (LID) Best Management Practices (BMPs) to the maximum extent practicable (MEP) in order to reduce the amount of pollutants in stormwater and urban runoff from development projects. In response to the Order, Orange County, with the City of Huntington Beach as a participating “co-permittee” for Storm Water Quality Management, developed the Drainage Area Management Plan (DAMP), which includes the Model Water Quality Management Plan (WQMP) and Technical Guidance Document (TGD), to provide direction to project proponents on water quality regulatory requirements applicable to private and public development activity from project conception to completion. To comply with the Permit, it will be necessary for development within the project area to develop a site specific WQMP report that follows the requirements found in the Model WQMP and TGD, and that is in compliance with the City’s Local Implementation Plan (LIP). The WQMP report specifies, where feasible and applicable, site design/LID, source control, and treatment control BMPs to the MEP that reduce or eliminate discharges of pollutants to the downstream receiving waters. Development typically alters pre-development hydrologic conditions by altering drainage patterns, increasing impervious areas and in turn reducing infiltration, increasing runoff flow rates and volumes, and increasing the discharge of pollutants. To counter this, development will need to use LID BMPs to manage the quantity and quality of runoff to maintain pre-developed hydrology conditions and mitigate potential discharge of pollutants. Under the Model WQMP and TGD, LID practices to be used for the proposed project must be determined using the following hierarchy: infiltration; harvest and use; evapotranspiration; or biotreatment. 585 CRTKL | 29 New development and significant redevelopment projects are determined to be either Priority or Non-Priority projects based on criteria established in the Model WQMP, including the amount of impervious surface created or replaced, the proposed use, and the project location. Priority projects are required to implement LID design features, whereas Non-Priority projects shall consider LID where feasible. A preliminary WQMP must be submitted to the City as part of the application for discretionary project approval. A final WQMP must be approved prior to issuance of building or grading permits. 586 30 | Administration & Implementation 5.1 SPECIFIC PLAN ADOPTION Adoption: This Specific Plan has been adopted by City Council Resolution No. 19, including concurrent City Council approval of a General Plan Amendment, Zoning Map Amendment, as well as certification of the Environmental Impact Report (EIR). Adoption of the Bolsa Chica Senior Living Community Specific Plan establishes land use regulations, development standards, and design guidelines applicable to the Specific Plan area. 5.2 SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this title, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title, or any future amendments or additions hereto. The City Council hereby declares that it would have adopted these titles and each sentence, subsection, sentence, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. 5.3 SPECIFIC PLAN AMENDMENTS Major Amendments: Changes to the Development Plan and/or other changes to the Specific Plan that are of a substantial nature and/or alter the intent and purpose of the Specific Plan, shall require an Amendment processed in accordance with the provisions of Chapter 247 of the Zoning and Subdivision Ordinance. Minor Amendments: The Community Development Director shall review and approve minor changes and amendments to the Specific Plan, including the proposed Development Plan, based on changed circumstances, new information, or other relevant factors, provided the proposed change or amendment is in conformance with the development plan, standards, and guidelines as described in Sections 2 and 3 of the Specific Plan. Additionally, the following minor, technical, and/or informational revisions to the Specific Plan shall be considered Minor Amendments: 5 ADMINISTRATION & IMPLEMENTATION 587 CRTKL | 31 • The addition of new information to the Specific Plan, in the form of maps and/or text, for the purpose of clarification that does not change the effect or intent of any regulation. • Clarification, including determination of meaning and intent, of any unclear or vague section, portion of a section, phrase, or word contained within this document, including typographical and grammatical errors. • Revisions to the location of infrastructure and/or service providers (such as drainage systems, on site access roads, water, and sewer systems, etc.) Provided that the agency or jurisdiction that regulates such infrastructure and/or service has reviewed and approved the revisions. • Adjustments to the development program, including minor changes in the size, mix, and type of residential living units, as well as the size, character, and type of site amenities, provided the overall intent and quality of the residential living experience is maintained. 5.4 IMPLEMENTATION Subsequent Approvals: Concurrent and subsequent entitlement applications including conditional use permits and temporary use permits shall be consistent with the intent and requirements of the Specific Plan. Where the Specific Plan is silent, the provisions of the City of Huntington Beach Zoning & Subdivision Ordinance shall apply; additionally, the Specific Plan shall take precedence in the event of conflict between the Specific Plan and the Zoning & Subdivision Ordinance. 588 32 | Appendices 589 590 Existing 2 -Story Condom i n i ums ...-+---Walgreens Pharmacy -...._ __ CVS /Pharmacy Bolsa Chica Senior it----Living Community Single Family Homes • 591 . -.... r ~ .... M S(CG "' ffivi ew Dr. 5 --- ~ - LAND US E MAP -EXISTING PLAN • ..... V) ,__ _ _, ro i.----u ·-.c u !=====-==-==~) ro Vl 0 co --..... -.... :lia ~Mti L L u ---[ -I - [s C ir I Kin g Cir. -7 -Cl r -~ - I' e nn ansoo Ci r. -y-.__. I \ ~c I I - -Curtis Ci r. -;-I --I - LAND USE MAP -PROPOSED LENGEND J RL J Residential Low Density I RM i Residential Medium Density -Residential Medium High Density Jos-P J Park 1111 Conservation 1111 Commercial General 1111 Mixed Use 592 Z ONING MAP - EXIS TING SP! I I I \:~} (~)4J~1 1 ,~, I lf l.lllllL2J Z ONING MA P-PROPOSE D LENG END I RL I Residential Low Density --I SP Residential Medium Density Residential Medium High Density Residential Agricul ture Commercial General Coastal Zone Overlay Boundary Specific Plan Designations ZONING CONFORMANCE MATRIX:PROJECT DIRECTORY: TYPE OF CONSTRUCTION HINES 4000 McARTHUR BLVD., SUITE 280, NEWPORT BEACH, CA 92660 CONTACT: TOM LAWLESS TYPE 1-A CONSTRUCTION WITH AUTOMATIC SPRINKLERED SYSTEM. OCCUPANCY CLASSIFICATION R2.1 ZONING DESIGNATION:BOLSA CHICA COMMUNITY SENIOR LIVING SPECIFIC PLAN (BCCSL) PROPOSED USE:CONVALESCENT FACILITY SITE AREA:GROSS: 3.10 ACRES OR 135,099 SF NET: 2.81 ACRES OR 122,405 SF 65,290 SF / 122,405 SF = 53% (SEE SHT. G-002 AREA PLANS) PROJECT DESCRIPTION: LANDSCAPE ARCHITECT: RIDGE LANDSCAPE ARCHITECTS 8841 RESEARCH DRIVE #200, IRVINE, CA 92618 949 387 0730 CONTACT: TRAVIS EBBERT ARCHITECT: CALLISON RTKL 333 S HOPE ST C200, LOS ANGELES, CA 90071 213 633 6000 CONTACT: DAUN ST. AMAND LANDSCAPE AREA: 2.42 FAR 14% UNIT COUNT: OWNER/ DEVELOPER: HINES 4000 McARTHUR BLVD., SUITE 280, NEWPORT BEACH, CA 92660 949 313 2200 CONTACT: TOM LAWLESS CIVIL ENGINEER: KHR ASSOCIATES 17530 VON KARMAN AVE. #200, IRVINE, CA 92614 949 756 6440 CONTACT: JAMES KAWAMURA OWNER/ OPERATOR/ DEVELOPER: CLEARWATER LIVING 5000 BIRCH STREET, EAST TOWER, SUITE 400 NEWPORT BEACH, CA 92660 949 333 8585 CONTACT: TONY FERRERO THE PROJECT IS FIVE STORY, 290,850 SQ. FT, 202-UNIT RESIDENTIAL CARE FACILITY WITH: - 28 LICENSED MEMORY CARE UNITS ON 2ND FLOOR. - 72 LICENSED ASSISTED LIVING UNITS ON 2ND AND 3RD FLOORS. -102 INDEPENDENT LIVING UNITS ON 1ST, 3RD, 4TH AND 5TH FLOORS. OVERALL BUILDING HEIGHT OF 65 FT WITH ONE LEVEL OF SUBTERRANEAN PARKING GARAGE WITH 189 PARKING SPACES. INDOOR AMENITIES INCLUDE DINING AREAS, MULTI PURPOSE ROOM, FITNESS, WELLNESS, STUDIO AND OTHER AMENITIES. OUTDOOR AMENITIES INLCUDE TWO OPEN COURTYARD, POOL, PET RELIEF AREA AND GARDENS. -THE APPLICANT WILL APPLY FOR ABC LICENSE 47. THE PROJECT IS CONSISTENT WITH BOLSA CHICA SENIOR LIVING COMMUNITY SPECIFIC PLAN AND REQUIRES THE FOLLOWING DISCRETIONARY APPROVALS: • CONDITIONAL USE PERMIT TO ALLOW FOR CONVALESCENT FACILITY USE • GENERAL PLAN AMENDMENT (TO PERMIT GREATER THAN 2 STORIES & ALLOW MORE THAN 1.5 FAR) APPLICANT MEMORY CARE: 0.65 PER UNIT 28 UNITS x 0.65 = 19 SPACES ASSISTED LIVING: 0.65 PER UNIT 72 BEDS x 0.65 = 47 SPACES INDEPENDENT LIVING: 1.20 PER UNIT 102 UNITS x 1.20 = 123 SPACES MEMORY CARE = 28 UNITS ASSISTED LIVING = 72 UNITS INDEPENDENT LIVING = 102 UNITS TOTAL = 202 UNITS DEVELOPMENT SUMMARY: ASSESSOR PARCEL NUMBERS 163-281-01 & 163-281-02 LOT COVERAGE: FLOOR AREA RATIO: SUBJECT CODE SECTION REQUIRED PROPOSED MIN. LOT AREA HBMC 211.06 10,000 SF 135,099 SF (GROSS) 122,405 SF (NET) MIN. LOT WIDTH HBMC 211.06 100'-0"270'-0" MIN. SETBACKS BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 STREET (AT WARNER AVE.)10'-0"10'-0" 10'-0" 10'-0" 0'-0" 10'-0" 10'-0" 0'-0" MAX. HEIGHT OF STRUCTURE 65'-0" (EXCEPTIONS PER HBMC 230.72 INCLUDING ROOF STAIRS)65'-0" MAX. FLOOR AREA RATIO (FAR) 2.5 2.42 FAR 296,467 SF / 122,405 SF = 2.42 (SEE SHT. G-002 AREA PLANS) MIN. SITE LANDSCAPING HBMC 232.08 8%14% PARKING 189 SPACES TOTAL = 189 SPACES (SEE SHEET G-001 PARKING SUMMARY FOR ADDITIONAL INFORMATION) 17,300 SF / 122,405 SF = 0.14 VICINITY MAP: SITE TRUE NORTH LEGAL DESCRIPTION SEE SHEET A-001 SITE PLAN LOADING 2 SPACES 2 ADJACENT PROPERTY STREET (AT BOLSA CHICA RD.) SUBTERRANEAN PARKING BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 LOT COVERAGE 60% MAXIMUM BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 COMMON OPEN SPACE 5,000 SF MIN. (EXCLUDES REQ'D. SETBACKS) BCCSL SPECIFIC PLAN SECTION 3.2, TABLE 3.1 APPLICABLE CODES: -2019 CALIFORNIA BUILDING CODE -2019 CALIFORNIA FIRE CODE -2019 CALIFORNIA MECHANICAL CODE -2019 CALIFORNIA ELECTRICAL CODE -2019 CALIFORNIA PLUMBING CODE -2019 CALIFORNIA ENERGY CODE -2019 CALIFORNIA GREEN BUILDING STANDARDS CODE -HUNTINGTON BEACH MUNICIPAL CODE (HBMC) -2010 STANDARDS FOR ACCESSIBLE DESIGN. TITLE III RULE OF THE AMERICANS WITH DISABILITIES ACT (ADA) -2019 ASME A17.3 SAFETY CODES FOR ELEVATORS AND ESCALATORS -2013 NFPA 13, INSTALLATION OF SPRINKLER SYSTEM -2008 NFPA 70, NATIONAL ELECTRICAL CODE -2013 NFPA 72, NATIONAL FIRE ALARM AND SIGNALING CODE -2013 NFPA 80, STANDARD FOR FIRE DOORS AND OTHER OPENING PROTECTIVES 53% 38,898 SF RECORDED PARCEL OWNER: FKOA PRESENTS, LLC 16531 COTUIT CIRCLE, HUNTINGTON BEACH, CA 92649 CONTACT: JAMES FILIPAN, CEO PHONE: 714-655 5384 MANNY KHOSBIN 18071 FITCH, SUITE 100, IRVINE, CA 92614 PHONE: 949-863 9390 APPLICANT: HINES 4000 McARTHUR BLVD. SUITE 280, NEWPORT BEACH, CA 92660 CONTACT: TOM LAWLESS PHONE: 949-313 2200 ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION COVER SHEET G-000 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. HUNTINGTON BEACH SENIOR LIVING DEVELOPMENT PLAN RESUBMITTAL 4952 WARNER AVENUE, HUNTINGTON BEACH, CA 92649 SHEET INDEX NO.SHEET NAME CU P S U B M I T T A L - 1 0 / 1 5 / 2 0 2 1 CU P S U B M I T T A L - 1 0 / 3 1 / 2 0 2 2 GENERAL G-000 COVER SHEET ⚫ ⚫ G-001 PROJECT INFORMATION ⚫ ⚫ G-002 AREA SHEET ⚫ ⚫ G-003 EXISTING SITE PHOTOS ⚫ ⚫ G-003A EXISTING SITE PHOTOS ⚫ ⚫ G-004 3D RENDERINGS ⚫ ⚫ G-005 3D RENDERINGS ⚫ ⚫ G-006 3D RENDERINGS ⚫ ⚫ CIVIL C-1 CONCEPTUAL ON-SITE DEMOLITION PLAN ⚫ ⚫ C-2 CONCEPTUAL GRADING AND DRAINAGE PLAN ⚫ ⚫ C-3 CONCEPTUAL WET UTILITY PLAN ⚫ ⚫ ARCHITECTURAL A-001 SITE PLAN ⚫ ⚫ A-1B1 LEVEL B1 FLOORPLAN ⚫ ⚫ A-101 LEVEL 01 FLOORPLAN ⚫ ⚫ A-102 LEVEL 02 FLOORPLAN ⚫ ⚫ A-103 LEVEL 03 FLOORPLAN ⚫ ⚫ A-104 LEVEL 04 FLOORPLAN ⚫ ⚫ A-105 LEVEL 05 FLOORPLAN ⚫ ⚫ A-106 ROOF LEVEL FLOORPLAN ⚫ A-201 OVERALL ELEVATIONS ⚫ ⚫ A-202 OVERALL ELEVATIONS ⚫ ⚫ A-203 MATERIAL PALLETE ⚫ ⚫ A-301 BUILDING SECTIONS ⚫ ⚫ A-302 BUILDING SECTIONS ⚫ ⚫ A-303 BUILDING SECTIONS ⚫ ⚫ LANDSCAPE L1.1 PRELIMINARY LANDSCAPE PLAN ⚫ ⚫ L2.1 TURF BLOCK SPECIFICATIONS ⚫ L5.1 EXISTING TREE INVENTORY ⚫ LIGHTING E-200 ELECTRICAL SITE LIGHTING PLAN ⚫ DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 8r7X+9, 593 CALLISOtQTKL.: E9 1 ROOM NAME 150 SF ROOM TAG W/ AREA STRUCTURAL GRID - EXISTING STRUCTURAL GRID - NEW 0 0 XX PARTITION TYPE TAG DOOR TAG LIFE SAFETY DOOR TAG DOOR #SIZE X# FURNITURE/FIXTURE/ CASEWORK TAG XX-XX GLAZING TAG REVISION DELTA NOTE NOTE WITH LEADER KEY NOTE FINISH/MATERIAL TAG LEVEL/DATUM ELEVATION MARKZZ_01 0' - 0" 1 A101 INTERIOR ELEVATION MARK 1 A101 SIM SECTION MARK 1 A101 SIM 1 A101 SIM BUILDING SECTION MARK 1 A101 SIM DETAIL SECTION MARK A101 1 SIM DETAIL CALLOUT MARK SPOT ELEVATION - ELEVATION VIEWS NORTH ARROW XX-XX CEILING TAG XX 0' - 0" FL-01 FLOOR TAG ? D001 88' - 10" XX-XX CEILING TAG W/ HEIGHT EXTERIOR ELEVATION MARKA101 1 WINDOW TAGXX 0' - 0"SPOT ELEVATION - PLAN VIEWS ? LIGHTING TAG PLUMBING TAGPL-01 L2 SPECIALTY EQUIPMENT TAGXX-XXX TRUE NORTH SYMBOL LEGEND UNIT MATRIX - TYPES/LEVELS PARKING SUMMARY PARKING REQUIREMENTS PER BOLSA CHICA SENIOR LIVING COMMUNITY SPECIFIC PLAN SECTION 3.2, TABLE 3.1, UNLESS NOTED OTHERWISE SKILLED NURSING FACILITIES: 0.65 PER UNIT ASSISTED LIVING FACILITIES: 0.65 PER UNIT INDEPENDENT LIVING FACILITIES: 1.2 PER UNIT CONVALESCENT FACILITIES 189 SPACES REQUIREDTOTAL PARKING PROVIDED: ACCESSIBLE PARKING 7 SPACES PROVIDED ( 2 ACCESSIBLE VAN & 5 ACCESSIBLE STALLS) 4 SPACES AND 1 VAN REQ'D PER 2019 CALIFORNIA BUILDING CODE (CBC) SECTION 1109A.3 AND 1109A.8.6. (189 TOTAL SPACES x 0.02 = 4 ACCESSIBLE SPACES ; 1 ACCESSIBLE VAN PER 8 ACCESSIBLE SPACE) SEE SHEET A-1B1 FOR PARKING LOCATIONS AND DIMENSIONAL REQUIREMENTS CARPOOL AND ZERO EMISSION PARKING 24 DESIGNATED PARKING SPACES (12%) FOR CARPOOL / CLEAN AIR VEHICLES PER 2019 CALIFORNIA GREEN BUILDING CODE (CGBC) TABLE 5.106.5.2 ELECTRIC VEHICLE CHARGING SPACES (EV) 20 EV CAPABLE SPACES PROVIDED 20 SPACES (10%) REQ'D PER 2019 CALIFORNIA GREEN BUILDING CODE (CGBC) TABLE 5.106.5.3.3 LOADING AREA 2 SPACES PROVIDED (NOT INCLUDED IN TOTAL PARKING) MEMORY CARE: 28 UNITS x 0.65 = 19 SPACES ASSISTED LIVING: 72 UNITS x 0.65 = 47 SPACES INDEPENDENT LIVING: 102 UNITS x 1.20 = 123 SPACES BASEMENT PARKING = 189 SPACES GENERAL NOTES: 1. CONTACT INFORMATION WILL BE POSTED IN THE BASEMENT PARKING GARAGE FOR EMERGENCY/ SECURITY. 2. SURVEILLANCE CAMERAS WILL BE PROVIDED THROUGHOUT THE PARKING GARAGE AND ALL ACCESS POINTS. CAMERAS WILL ALSO COVER ALL AREAS IN AND SURROUNDING THE IMMEDIATE PROPERTY. SIGNAGE INFORMING THAT RECORDING IS IN PROGRESS WILL BE POSTED. 3. EMERGENCY RESPONDER RADIO COVERAGE SYSTEM WILL BE PROVIDED IN THE PROJECT INCLUDING PARKING BASEMENT. 4. DUAL KNOX BOX FOR POLICE & FIRE DEPT. ACCESS TO PROPERTY WILL BE PROVIDED. ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION PROJECT INFORMATION G-001 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. UNIT MATRIX UNIT TYPE COUNT LEVEL 01 AL-1B 2 AL-2B 8 LEVEL 01: 10 LEVEL 02 AL-1B 20 AL-2B 2 AL-2B+3 AL-ST 6 MC-DBL 1 MC-SG 27 LEVEL 02: 59 LEVEL 03 AL-1B 20 AL-2B 2 AL-2B+3 AL-ST 6 IL-1B 13 IL-2B 6 IL-2B+1 IL-ST 6 LEVEL 03: 57 LEVEL 04 IL-1B 33 IL-2B 14 IL-2B+4 LEVEL 04: 51 LEVEL 05 IL - 2B+DEN 2 IL-1B 8 IL-2B 2 IL-2B+11 IL-3B 2 LEVEL 05: 25 TOTAL UNITS: 202 UNIT MATRIX - TYPES UNIT TYPE COUNT AL-1B 42 AL-2B 12 AL-2B+6 AL-ST 12 IL - 2B+DEN 2 IL-1B 54 IL-2B 22 IL-2B+16 IL-3B 2 IL-ST 6 MC-DBL 1 MC-SG 27 202 TOTAL UNITS 202 DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 n+o CALLISOtQTKL.: ◊ -$- 0 0 0 D t} I /~ D- 0 B B ( ) D CJ 0 - B < < e CJ CJ $ A I I I X \ \ <=> EB ~ \ DN DN UP DN UP DN UP UP UP DN GRI L L GRI L L SWIMMING POOL AREA: 3,098 SQ. FT BBQ & SHADE STRUCTURE AREA: 1440 SQ FT OUTDOOR FITNESS AREA: 2,996 SQ. FT DOG PARK AREA: 1,986 SQ. FT COVERED OUTDOOR SEATING AREA: 2,557 SQ. FT COURTYARD: 9,722 SQ. FT BLUE NOTE PATIO 1: 288 SQ. FT BLUE NOTE PATIO 2: 207 SQ. FT PLANTERS AROUND BLUE NOTE PATIO: 2717 SQ FT SEATING AREA: 401 SQ. FT UP UP DN 60,754 SF Area 542 SF Area 198 SF Area 187 SF Area 59,566 SF Area 62 SF Area 59,432 SF Area 187 SF Area 52,592 SF Area 738 SF Area 704 SF Area 207 SF Area 392 SF Area 687 SF Area 488 SF Area 176 SF Area 858 SF Area 801 SF Area 275 SF Area 3,045 SF Area 3,610 SF Area 342 SF Area 366 SF Area 273 SF Area 291 SF Area 3,863 SF Area 8,525 SF Area 21,775 SF Area 1,853 SF Area 1,318 SF Area 51,290 SF Area 65,290 SF Area AREA LEGEND BUILDING AREA OPEN SPACE AREEA ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION AREA SHEET G-002 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1/64" = 1'-0" LEVEL 02 - GROSS FLOOR AREA3 SCALE: 1/64" = 1'-0" LEVEL 03 - GROSS FLOOR AREA4 SCALE: 1/64" = 1'-0" LEVEL 04 - GROSS FLOOR AREA5 SCALE: 1/64" = 1'-0" LEVEL 05 - GROSS FLOOR AREA6 GROSS BUILDING AREA Level Area LEVEL B1 273 SF LEVEL B1 275 SF LEVEL B1 342 SF LEVEL B1 366 SF LEVEL B1 801 SF LEVEL B1 3,045 SF LEVEL B1 3,610 SF LEVEL 01 3,863 SF LEVEL 01 51,290 SF LEVEL 02 60,754 SF LEVEL 03 59,566 SF LEVEL 04 59,432 SF LEVEL 05 52,592 SF ROOF 291 SF 296,501 SF SCALE: 1/64" = 1'-0" LEVEL B1 - GROSS FLOOR AREA1 SCALE: 1/64" = 1'-0" ROOF - GROSS FLOOR AREA7 SCALE: 1/64" = 1'-0" LEVEL 01 - GROSS FLOOR AREA2 SCALE: 1/64" = 1'-0" LEVEL 01 - LOT COVERAGE8 LOT COVERAGE = 65,290 SQ FT OPEN SPACE AREA Level Area LEVEL 01 1,318 SF LEVEL 01 1,853 SF LEVEL 01 8,525 SF LEVEL 01 21,775 SF LEVEL 02 187 SF LEVEL 02 198 SF LEVEL 02 542 SF LEVEL 03 62 SF LEVEL 04 187 SF LEVEL 05 176 SF LEVEL 05 207 SF LEVEL 05 392 SF LEVEL 05 488 SF LEVEL 05 687 SF LEVEL 05 704 SF LEVEL 05 738 SF LEVEL 05 858 SF 38,898 SF DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 n+n 0 H-• _ -, ll-1: lt i1-~ . r I I -1- I -~ -1- ll "J -1-. ~ I • ~--: • • • I I -----+-s----- •~1 • '" 1 I .-----'--"-----a : 1-: --'-~_-~ -. ____,_,_ __ t---'I ~ J l -----+~ l+-,,..-LI-iJF • I I • I I • I I I I • I I • • • 1. 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':;, I' • e I I D • ~I I • • - 1' .... I • ;...I L:..J L;lll J -.L_.,,,,, I I ~-;:-Gf· -I I ' ' ~ --r ' -• • • r---,.-• ' -n_._ I I • ,_,--I ' ' " I • ----- - 0 ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION EXISTING SITE PHOTOS G-003 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 +r7 VIEW 5:PARKING RESTRICTIONS AND ROAD USAGE SIGN , FACING WEST VIEW 6: WARNER BLVD SIGN LOOKING DOWN BOLSA CHICA, LOOKING NORTH VIEW 7: WARNER AND BOLSA CHICA IN T ERSECTION SIGNAGE, LOOKING NORTH VIEW 4:FULL HEIGHT OF EXISTING PROPERTY (3 FLOORS), FACING WEST VIEW 8 :VIEW OF PROPERTY ACROSS STREET, FACING EAST VIEW 3: VIEW OF BACK OF PROPERTY, LOOKING WEST VIEW 2: ADJACENT MULTIFAMILY ON BOLSA CHICA , FACING EAS T VIEW 1 : FULL HEIGHT OF ADJACENT MULTIFAMILY (TALLEST), FAC ING EAST VIEW 9: VIEW OF WALGREENS ACROSS STREET, FACING NORTH VIEW 8: TALLER RETAIL STRUCTURE ALONG WARNER AVE , FACING WEST VIEW 8 : TALLER RETAIL STRUCTURE ALONG WARNER AVE , FACING WEST VIEW 10 : EXISTING RETAIL SIGNAGE PT. 2, FACING WEST CALLISOtQTKL.: ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION EXISTING SITE PHOTOS G-003A H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 +re VIEW 14: EXISTING RETAIL PROPERTY ON SITE PT. 2, FACING WEST VIEW 15: ADJACENT MULTIFAMILY ON BOLSA CHICA , FACING EAST VIEW 16: VIEW OF BACK OF PROPERTY, FACING SOUTH VIEW 13: EX I STING RETAIL PROPERTY ON SITE , FACING SOUTH VIEW 20 : EXISTING RETAIL PROPERTY ON SITE , FACING SOUTH VIEW 19: HEIGHT OF EXISTING OFFICE BUILDING ON SITE, FACING WEST ~1ilUfrW 11[1 I 1 I VIEW 18: RESTRICTED PARKING SIGN , FACING NORTH VIEW 17 : ADJACENT MULTIFAMILY ON BOLSA CHICA, FACING EAST CALLISOtQTKL.: ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION 3D RENDERINGS G-004 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. VIEW FROM INTERSECTION OF BOLSA CHICA ROAD & WARNER AVENUE DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 +rv CALLISOtQTKL.: ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION 3D RENDERINGS G-005 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. VIEW OF ENTRY FROM BOLSA CHICA ROAD VIEW OF PORTE COCHERE & MAIN ENTRY DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 +rr ■ ■■ ■■ ■■ ■■ ■■ •••••• --••••• CALLISOtQTKL.: ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION 3D RENDERINGS G-006 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. VIEW FROM BOLSA CHICA ROAD VIEW FROM WARNER AVE DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 799 CALLISOtQTKL.: 1 10-31-22 601 -----WARNER AVENUE -------- SMH ---------------8" s--------------(:J _ __,/ ,, ,, ) • N l ' ' '-DEMOLITION NOTES ill DEMOLISH, REMOVE AND DISPOSE OF EXISTING BUILDING, BUILDING SLABS, COLUMNS, FOOTINGS, CANOPIES, STAIRS, LIGHTING, FIXTURES, RECEPTACLES, JUNCTION BOXES, AND AUL ASSOCIATED CONDUIT AND WIRING. REt.lOVE ALL EXISTING ABOVE GROUND WATER & GAS LINES. DISCONNECT AND CAP AUL UTILITY SEWER, WATER, AND GAS LINE BELOW GRADE. --------------16" w-----------------,±vi----------------16" w-------t---t t---------t.__ ________ _ //1 rn ill m [fil REMOVE AND DISPOSE OF EXISTING ASPHALT CONCRETE PAVEMENT. REMOVE AND DISPOSE OF EXISTING CURB • 0 -------8" w--a a ~ ~ g PLANTER ~ _, ~ ~ . "" -"i ~ ~ ..... 0 ~ c.. . ~ c::, - ~ >< w ,-J ll..: ~ C 4, I I I I I I I I I --+-~--~-+-~--+- I I I I I I I I I I I I I I I I I I I I I I I I I I I lyl ,---rn 4 1-----"--<-' EX. BLDG. • Jal---++112 ---- \ ---- ~ ---- ---- ---- I • co -----+-----•r I ~ ,,,,+-----I\\\\ I 1 LLLI...L\j------ <J"' I ------1------ 4 i 4 _____ T ____ _ -----+-----~ I ~ ( ) \ --=r-l----- 11r. I ---- -----------,r ~----- r17n7n 1 ---- 5 I -----+----- 1 -----+----- 1 ------i------ 1 3 _____ _J_ ____ _ I I _ ____ T ____ _ I -----+----- 1 I -----+----- 1 -----:----- 1 ------i!l------ 1 _____ _J_ ____ _ I I _____ T ____ _ I 5 -----+-- 1 \ . ----- ~ .., "i ----~ ---- ---- ..... ----"' S'I c::, ----- ----~ ---- ---- 5 I--+, .... SMH r ,____.+-_..WI/ 12 .o· I >-, I ~I >I -I 15 I I ~ ~ "' Cl .o' "' ~ 0 (I') -FH ~ ~ "' 0 48.0 60.0· I ~ • N UMH I ~ Cl z ~ "' ~ • co - I 14.0' 25.0' 52.0' 60.0' -1 WI/ .wv WI/ "' ii': • co ' "' ii': • -N I 8.0' • co I I I I I I l SMH ----~--t-4L-.._::j:-r-----;;-7,;--:;;:::;~~-+.:-=-=-==-=-=-~-~U EX. P/L N89'22'J2"W 270.05' T 9 10 EX. ASPHALT PAVEMENT 19 EX. ASPHALT PAVEMENT I I I m rn [fil m [!QI [D] [g] ~ llll ~ [ill [TI] [!ID ~ REMOVE AND DISPOSE OF EXISTING CONCRETE GUTTER. REt.lOVE AND DISPOSE OF EXISTING LANDSCAPING AND IRRIGATION, COORDINATE REMOVALS WITH LANDSCAPE ARCHITECT PRIOR TD DEMDLmDN. REMOVE AND DISPOSE OF EXISTING BACKFLOW DEVICE. REMOVE AND DISPOSE OF EXISTING FIRE DEPARTMENT CONNECTION. REMOVE AND DISPOSE OF EXISTING DOUBLE CHECK DETECTOR ASSEMBLY. REMOVE AND DISPOSE OF EXISTING FIRE HYDRANT. REMOVE AND DISPOSE OF EXISTING WATER VALVE. REMOVE AND DISPOSE OF EXISTING ELECTRICAL VAULT. REMOVE AND DISPOSE OF YARD LIGHT, FOUNDATION, CONDUITS AND CONDUCTORS. REMOVE AND DISPOSE OF EXISTING SIGN AND FOOTING. REMOVE AND DISPOSE OF EXISTING CONCRETE WALK. REMOVE AND DISPOSE OF EXISTING TRASH ENCLOSURE. REMOVE AND DISPOSE OF EXISTING BLOCK WALL. REMOVE AND DISPOSE OF FENCE/GATE. PROTECT IN PLACE EXISTING WALL. PROTECT IN PLACE EXISTING RETAINING WALL AND FENCE. SCOPE OF WORK 1. DEMOLISH ENTIRE BUILDING AND SLAB. TOTAL AREA OF SOIL DISTURBANCE 2.81 ACRES GENERAL NOTES 1. ALL UTILITY LINES MUST BE PROPERLY AND SAFELY CAPPED AS NEEDED. LEGEND LIMITS OF ON-SITE REMOVAL LIMITS OF BUILDING REMOVAL TRUE NORTH E9 SCALE: 1'=30' C:\Users\Station 5\KHR Associates Dropbox\R Drive\Hines\Huntington Beach\CDs\Preliminary\HHB-C1 -DE~O.dwg Oct 19, 2022 -10:23am © 2020 CallisonRTKL Inc. CALLISO~TKL.: CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE -213.333.6000 CRTKL PROJECT NO. -XXX-XXXXXX.XX :r: (_) <( (9 wz c:c-> z- 0 _J I-0::: (9 0 z--z 1-W Zen => :r: SIGNATURE &SEAL ISSUE DRAWING LOG DRAWING ISSUE LOG REV I DESCRIPTION CUP SUBMITTAL CUP RESUBMITTAL ~--.......__......._ KH!Al A~~(Q~U.a!\.iil=~ CONSULTING ENGINEERS/SURVEYORS 17530 Von Karman Avenue -Suite 200 Irvine, Galifomia 92614 Tel (949) 756-6440 CONTACTS: JAMES KAWAMURA/ GABE URIBE jkawemura@khrdesign.oom I 9uribe@k1Ydesign.oom CUP SUBMITTAL I CONCEPTUAL ON-SITE DEMOLITION PLAN C-1 DATE 10-15-21 1 10-31-22 602 ----- 8" S 16" W RANS WARNER AVENUE ---- V) _ __,/ 16" W TRANS. ,, ,, _::=:::= ' 18" s ··-::=:: ' -' -·· ··-··· ···-··-·· 8" W g EX. DWY PROP. FIRE:---===t-J LANE MARKING ::l ~ 1;S \ \ ■ DINING ■ ,i..., l-llffl=11Je--11fl=l=l=1 I .:::i <;::, POOL -tfl ff:1:1116--------tffll=II. ~ PARKING STRUCTURE---iH!: WALL BELOW 1;S ~ 1;S I I I I I I ■ RTNESS ■ STUDIO ~ rt ~~ 0.4% KITCHEN ■ ■ ■ LOUNGE ■ ' I I I I ., I I I Q ■ \ ~ rt ;:; ::i 'O 'O , CLUB ROOM ' ' ' ' ' ~ ~ 'O ""i .... .... □ ■ rt ~ R! ~ ;:I; 'O ""i , ' .... .... ' rt ~ rt 0 ~ rt <Xl q ... ~ 0 ~ ~ ~ ~ <O ;:I; 'O ""i ;:I; 'O ""i ;:I; • C □ q J' □ N 270.04 ------PROP. SD ■ ■ ' ■ ', PR D RECONSTRUCT CURB RAMP ■ LOUNGE 0 0 0 LOUNGE ! 0 ■ : ' : ■ ■ ' 0 ' 0 ' : ' >-: ' 0 ' 0 OFFICE ' 0 ' 0 ' : , .... ~ 0 0 0 0 STORAGE THEATRE \ ' ' RAMP ' ' .... ' ' cl' ■ DD- .... .... ', PROP.T H, RELOCATld I I ) ;,, • N -..., ~ '-H-~~ -l2:0' I ,------, ~' I >------i I I I 5.53 TC 4.97 FL I I I I I I I I I i !J //1 I 5.96 TC 1 H ----J1 5.32 FLI ~ 1- 1 +t"'l--11+-+-PARKINp S RU ~RE WALL i EL I I I 5.97 I 5.30 • <Xl 6.83 TC 6.21 FL 52.0' 60.0' PR P. 22' DWY ----, 7.18 TC 6.58 FL TC FL (/) • <Xl PARKING STRUCTUREl=i---1I PROP. TRENCH ~....,L.,.1_b,,_""F=-.. wA=LJL ,_B11L.,,ow;-J1L!l-.... ,.,,\~-J.-.,,_=-'F"-~Di::RA=111N~&~s;;;;D;;;;P;;o~c ~~a.,-::1 (! EX. BLDG. 0 (0.3%)' 0 ~ ~ f· f" PROP.----' GARDEN WALL / EX. AC PAVEMENT__/ - (0.6%} 0 "'' $~ <J·<J· 3806 TC 3742 FL I I I V) • <Xl ,, ( l ' ' '\.....__ 21" S ,,,.....------,, LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNlY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36, MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT ON THE EAST VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 15, 1943 IN BOOK 1197, PAGE 424 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF HUNTINGTON BEACH, FOR ROAD PURPOSES BY DEED RECORDED NOVEMBER 20, 1963 IN BOOK 6813, PAGE 177, OF OFFICIAL RECORDS. CONCEPTUAL EXCAVATION QUANTITY ESTIMATE CUT 55,000 CY FILL O CY EXPORT 55,000 CY (BASED ON LEVEL 1 FF=37.5O, LEVEL 81 FF=25.5O, & 12" THICK SLAB/UNDERLAYMENT) TRUENORIB E9 SCALE: 1 '=30' C:\Users\Station 5\KHR Associates Dropbox\R Drive\Hines\Huntington Beach\CDs\Preliminary\HHB-C2-GRAD.dwg Oct 24, 2022 -9:40am © 2020 CallisonRTKL Inc. CALLISO~TKL: CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE -213.333.6000 CRTKL PROJECT NO. -XXX-XXXXJOO(X :r: (..) <( (9 wz c:c-> z- 0 _J I-0::: (9 0 z-_z 1-W Zen => :r: SIGNATURE & SEAL ISSUE DRAWING LOG DRAWING ISSUE LOG REV I DESCRIPTION CUP SUBMITTAL CUP RESUBMITTAL ~--.......__......._ KH!Al A~~(Q~UAiil=~ CONSULTING ENGINEERS/SURVEYORS 17530 Von Karman Avenue -Suite 200 Irvine, Galifomia 92614 Tel (949) 756-6440 CONTACTS: JAMES KAWAMURA/ QABE URIBE jkawemura@khrdesign.oom I 9uribe@k1Ydesign.oom CUP SUBMITTAL I DATE 10-15-21 CONCEPTUAL GRADING & DRAINAGE PLAN C-2 1 10-31-22 603 ----- 3" G =--·=:::=:::=:::=:::=::: PROP. SL RELOCATION EX. COMMUNICATION+-- BOX TO BE RELOCA D PROP. 8" FIRE-+~ SERVICE POC PARKING STRUCTURE WALL BELOW Q;)I -..; . ~ ..... ~. . c::, . - ~ ~· 11.: ~ I D POOL WARNER AVENUE ,, ,, ) ----_ __,/ , LOADING AREA WH KITCHEN • • DINING • • • LOUNGE • • LOC '£RS • [] FITNESS • • STUDIO TRASH CLUB ROOM • ' PARKING STRUCTURE WALL BELOW • DINING N89'22'J2"W , • LOUNGE • PROP. B"----ll-~ SEWER POC LOUNGE MAIL PACKAGE omcE STORAGE • PARKING STRUCTURE---tt-- WALL BELOW THEATRE RAMP PROP. FH RELOCATION • PARKING STRUCTURE WALL BELOW , l ' ' '------ ---=:::=:::=:::=:::= u I 48.0 I 60.0· I ~· ~~ ~~ CONNECT~ TO EX. 8" SEWER MAIN ----.-+-+--+-'--EX. CATV BOX TO BE REMOVED ----+-+--+--'--EX. WM TO BE REMOVED ..:.----i-----t--t-EX. PPs & OVERHEAD WIRING (/) • "" ALONG PROPERlY FRONTAGE TO 1 BE REMOVED & UNDERGROUNDED (TYP.) I EX. ELEC CABINET & PB TO BE RELOCATED 01 ,---,----,,---,-,-PROP. ELEC CABINET RELOCATION ~ a: ~-+--+---+-PROP. 6" DOM. WATER POC 14_0· I 25.o' a.o· I 52.0· I 60.0· I I ;,,I ~I I _Jf-l--1-++.J,..j_PROP. SL I I I I 7 I I I I RELOCATION .....----+----t---i--PROP. IRRIG . POC CONNECT TO EX. SMH ~t--r--+-~PROP. 8" FIRE SERVICE POC I 11 C:\Users\Station 5\KHR Associates Dropbox\R Drive\Hines\Huntington Beach\CDs\Preliminary\HH8-C3-UTIL.dwg Oct 19, 2022 -10:26am TRUE NORTH E9 SCALE: 1 '=30' © 2020 CallisonRTKL Inc. CALLISO~TKL: CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE -213.333.6000 CRTKL PROJECT NO. -XXX-XXXXJOO(X :r: (..) <( (9 wz c:c-> z- 0 _J I-0::: (9 0 z -_z 1-W Zen => :r: SIGNATURE & SEAL ISSUE DRAWING LOG DRAWING ISSUE LOG REV I DESCRIPTION CUP SUBMITTAL CUP RESUBMITTAL ~--.......__......._ KH!Al A~~(Q~UAiil=~ CONSULTING ENGINEERS/SURVEYORS 17530 Von Karman Avenue -Suite 200 Irvine, Galifomia 92614 Tel (949) 756-6440 CONTACTS: JAMES KAWAMURA/ QABE URIBE jkawemura@khrdesign.com I 9uribe@k1Ydesign.oom CUP SUBMITTAL CONCEPTUAL WET UTILITY PLAN C-3 I DATE 10-15-21 GRI L L GRI L L PROPERTY LINE TURNAROUND B O L S A C H I C A R O A D W A R N E R A V E N U E PROPERTY LINE PROPERTY LINE SETBACK LINE SETBACK LINE PROPERTY LINE SETBACK LINE PER SPECIFIC PLAN FI R E A C C E S S R O A D FIRE ACCESS ROAD RAMP DN. TO PARKING GARAGE LINE OF BASEMENT BELOW LINE OF BASEMENT BELOW LINE OF BASEMENT BELOW (E) MASONRY WALL TO REMAIN (N) MASONRY WALL 270.04' 45 3 . 3 1 ' 45 3 . 1 8 ' 270.05' COURTYARD (REFER TO LANDSCAPE) COURTYARD (REFER TO LANDSCAPE) TURNAROUND ENTRY EXIT PROPOSED FIVE STOREY ASSISTED LIVING/ INDEPENDENT LIVING/ MEMORY CARE FACILITY POOL 20 ' - 0 " 87 ' - 6 1 / 2 " C/L C/L (ADJACENT RESIDENTIAL STRUCTURES) (ADJACENT RESIDENTIAL STRUCTURES) C/L C/L C/L LANDSCAPE AREA (ADJACENT COMMERCIAL STRUCTURE) ACCESSIBLE PATH OF TRAVEL 2 % S L O P E 2% SLOPE 63 ' - 0 " 63' - 0" VEHICLE ACCESS GATE SETBACK LINE 10' - 0" PE R S P E C I F I C PL A N 63' - 0"28' - 0" 63 ' - 0 " C/L EMERGENCY VEHICLE ACCESS GATE 28 ' - 0 " 28 ' - 0 " 28' - 0" 22 ' - 6 " 20 ' - 0 " 17 4 ' - 0 " ( F I R E A C C E S S R O A D ) SETBACK 10' - 0" PE R S P E C I F I C PL A N LEGAL DESCRIPTION: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36, MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT ON' THE EAST VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED ON JULY 15, 1943 IN BOOK 1197, PAGE 424, OFFICIAL RECORDS, LYING BETWEEN THE EASTERLY PROLONGATION OF THE LINE OF SAID LOT AND THE SOUTH LINE OF THE NORTH 180.00 FEET OF SAID LOT. EXCEPTING THEREFROM THE INTEREST IN THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF HUNTINGTON BEACH, FOR ROAD PURPOSES BY DEED RECORDED NOVEMBER 20,1963 IN BOOK 6813, PAGE 177, OFFICIAL RECORDS. APN: 163-281-01 PARCEL B: LOT 2 IN BLOCK 20 OF TRACT NO. 86, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE WEST 30.00 FEET OF BOLSA CHICA STREET ADJOINING SAID LOT 2 ON THE EAST, VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH RECORDED JULY 15,1943, IN BOOK 1197 PAGE 424 OFFICIAL RECORDS. TITLE WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND EXCEPTING THEREFROM THE SOUTH 150.00 FEET. ALSO EXCEPTING THE NORTH 180 FEET OF THE EAST 180 FEET THEREOF, MEASURED FROM THE CENTER LINE OF BOLSA CHICA STREET ADJOINING ON THE EAST. ALSO, EXCEPTING ALL MINERALS, INCLUDING, BUT NOT LIMITED TO OIL, GAS, OTHER HYDROCARBONS, GRAVEL AND STEAM ALL BELOW 500 FEET FROM THE SURFACE OF SUCH LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, EXCEPTING BELOW 500 FEET FROM SUCH SURFACE, RESERVED IN DEED FROM CHARLES HERMENSEN AS TRUSTEE FOR THE CHARLES L. HERMENSEN TRUST RECORDED JULY 9, 1982 AS INSTRUMENT NO. 82—237601 OF OFFICIAL RECORDS. APN: 163-281-02 0 5'20' 30' 50' 70'100' RECORDED PARCEL OWNER: FKOA PRESENTS, LLC 16531 COTUIT CIRCLE, HUNTINGTON BEACH, CA 92649 CONTACT: JAMES FILIPAN, CEO PHONE: 714-655 5384 MANNY KHOSBIN 18071 FITCH, SUITE 100, IRVINE, CA 92614 PHONE: 949-863 9390 APPLICANT: HINES 4000 McARTHUR BLVD. SUITE 280, NEWPORT BEACH, CA 92660 CONTACT: TOM LAWLESS PHONE: 949-313 2200 ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION SITE PLAN A-001 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" SITE PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =ao ' ' / -----I ' □\:_ -C --1---~ ~~-~1 ~--~~t~J ~~~ ~ --1 --i --~--'--1 --Il-'--i --El~~:; r= 1-_-_--_ ----/ -'L --~",,',f I ,_ ~ I ~Ml I --I <P,1 .il ,i, ~l)~ ,I I "i<, \ I I I ,!,;;,\ ,c· .•·· 1-~~-~ I ---~ I ~ I I I ~-,r,~> f,J I ) -:/:--r _,- .JL_I_/ -/ I -------+-r+-1+----+--+-----i-- - - - - - - - --t-- --+-Ji f:/ ,_ ~ I/ . - 1 I I I I - t I ' - / " ii ;) I ril ,i - '.j 1- 1 I ~ 1-----1 :;; 11 f );, 1 ,,1: '~II ~~.-" l -'-1-~-+----4- lli ~ I- C /- uJ~ I- I- '-~ C ,:::1- "T f--I- I- I- 11J::; I' ,,,_l-++--+-f--1H 1-+1-+1+----+, ·~,~~.~t•U'S= I I I " II I L , ~ , I , , ~ f---il• c:: ' t f!; \I /_1&'f(-" ,_:,_ --''' ', , '---(-1--', ', -' ''('i ''·, I • <I ' ~--j .·· ) .' ' = '·,,,,., I t-l 1-1 t- i -µ.4F==~~~-1- ' +-1 ' ' ! ! I I-+-+--~ I I I I I I I I -' ~ r I I I I I I I II I -ir"-Y7H +----+ I -i°'J I \ 3:=t -j I ~1 I f'--:- 1 I -~,- 1 : II I I I I I II I I I I I ~ .......,____,,_ __________ ---.--------,~ ::- ~7 I I I I 1 ~~l-~~--+~1-~, ='=cd---1-i ' I CALLISOtQTKL.: E9 UP 9' - 0 " 9' - 3 " NO PARKING 261' - 0"4' - 1 3/8" 1 A-301 22 ' - 6 " PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE 19' - 0" VAN 4' - 11"261' - 0"4' - 1 3/8" RAMP DN. LINE OF RAMP ABOVE LINE OF BLDG. ABOVE VAN STD, TYP. 5' - 0 " 9' - 0 " LINE OF POOL ABOVE 4' - 11" 1 A-302 2 A-301 1 A-303 HC EV EV EV EV EV EV EV EV EV EV PRIVATE GARAGE EV EV EV EV EV CLEAN AIR VEHICLE CLEAN AIR VEHICLE CLEAN AIR VEHICLE CLEAN AIR VEHICLE CLEAN AIR VEHICLE CLEAN AIR VEHICLE FFE=25.50' 19' - 0" HC HC HC HC 19' - 0"19' - 0" 26 ' - 0 " 26 ' - 0 " 26' - 0" PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE 26 ' - 0 " 26' - 0" 3' - 3 " 22' - 0"9' - 0" 9' - 0 " 3' - 0 " STORAGE POOL EQUIPT. RM. STORM WATER FAN RM. MPOE MAIN ELECT.LAUNDRYMAINT. OFF. SERV. ELEV. LOBBY ELEV. LOBBY ELEV. LOBBY ELEV. LOBBY PRIVATE GARAGE PRIVATE GARAGE PRIVATE GARAGE 26' - 0" EMR EMR FAN RM. EV EV EV EV EV EV EV EV EV EV EV EV EV EV EV 8' - 0 " 9' - 0 " 7' - 0 " 27' - 0" 8' - 0 " 19 ' - 0 " ELEV. MACH. RM. HC 9' - 0 " 5' - 0 " 25 ' - 1 1 1 / 4 " 41 6 ' - 0 " 11 ' - 3 " 28 ' - 0 " 41 6 ' - 0 " 9' - 3 5 / 8 " 26' - 0" A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 MEP 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" SE-1 E-1 E-2 E-3 E-4 5.0%14.5% ST-1 ST-2 ST-3 3' - 2 " 9' - 0 " 9' - 0 " 3' - 3 " 19' - 0" 3' - 3 " 3' - 2 " STORAGE MEP 0 5' 20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION LEVEL B1 FLOORPLAN A-1B1 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" LEVEL B1 FLOOR PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =an 0 ' 0- 0- 0 0- 0- 0- 8 0 0 0- 0- 0- 0- 0- 0- 0- 0 - -+--+--- / CALLISOtQTKL.: 0 0 +--+-, I I I --------j--..-----------i •1 ~.• t E9 GRI L L GRI L L B O L S A C H I C A R O A D W A R N E R A V E N U E 1 A-301 C/L C/L 1 A-302 C/L C/L FFE=37.50' TC=38.06' BW=38.286' (HIGHEST POINT OF THE CURB ALONG THE FRONT P/L) BW=34.814' TC=34.602' TC=35.805' BW=35.957' BW= 35.588' TC= 35.361' E3 2 A-301 1 A-303 DINING #1 LOUNGE #1 CLUB ROOM DINING #2 LOUNGE #2 PRIVATE DINING ROOM WINE C.SERV. TOILET TOILET OFFICE MEETING ROOM SALON + SPA LOCKERS LOCKERS LOUNGE LOBBY EMERG. GEN TRANSF.STAFF TLT. TLT. TOILET TOILET KITCHEN WATER HEATER FITNESS HYDRATION OFF. STUDIO TRASH MAIL PACKAGE AL-2B AL-2B AL-2B AL-2B AL-1B AL-2B AL-2B AL-2BAL-1B AL-2B THEATRE FOYER TLT.STOR AV EL LV RAMP DN. TO BASEMENT POOL LOADING TURNAROUND 5.0%14.5% A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" 51' - 10 1/2"203' - 0"15' - 1 7/8" 44 ' - 1 1 1 / 4 " 38 9 ' - 0 " 19 ' - 3 " 47 ' - 0 1 / 8 " 38 9 ' - 0 " 17 ' - 3 5 / 8 " 270' - 0 1/2" SETBACK 10' - 0" TC=35.77 SETBACK LINE PROPERTY LINE CONC. SIDEWALK ENTRY EXIT PORTE COCHERE (REFER TO LANDSCAPE DWGS.) METAL FENCE AND GATE WITH DUAL KNOX ACCESS KEY BOX FOR FIRE DEPT. AND POLICE ACCESS METAL FENCE AND GATE WITH DUAL KNOX ACCESS KEY BOX FOR FIRE DEPT. AND POLICE ACCESS CO N C . S I D E W A L K SETBACK 10' - 0" SETBACK LINE PROPERTY LINE (N) 8 FT. HIGH MASONRY WALL METAL FENCE AND GATE WITH DUAL KNOX ACCESS KEY BOX FOR FIRE DEPT. AND POLICE ACCESS FIRE ACCESS ROAD SETBACK 10' - 0" SETBACK 10' - 0" SETBACK LINE PROPERTY LINE (E) MASONRY WALL TO REMAIN (REFER TO LANDSCAPE) FI R E A C C E S S R O A D 63 ' - 0 " 28 ' - 0 " 17' - 0" METAL FENCE AND GATE WITH DUAL KNOX ACCESS KEY BOX FOR FIRE DEPT. AND POLICE ACCESS TURNAROUND 28' - 0" 63' - 0"28' - 0" C/L C/L 1 7 ' - 0 "1 7' - 0 " (REFER TO LANDSCAPE DWGS.) COURTYARD (REFER TO LANDSCAPE DWGS.) COURTYARD (REFER TO LANDSCAPE DWGS.) 30 ' - 4 " 14 ' - 0 " 14 ' - 0 " 20' - 0" SERV. CORRIDOR 1 HR. RATED CORRIDOR FOR FIRE DEPT. ACCESS TO COURTYARD FROM FIRE ACCESS ROAD FIRE SPRINKLER CONTROL SE-1 E-1 E-2 E-3 E-4 89 ' - 0 " 22 ' - 6 " 49 ' - 6 " 58 ' - 0 " 60 ' - 0 " 68 ' - 6 " 41 ' - 6 " ST-3 ST-1 ST-2 28 ' - 0 " 28' - 0" STAIR 3 WITH ACCESS THRU ROOF 5' - 6 " 7' - 8" MEDICAL EMERGENCY SERVICE ELEVATOR PER SPECIFIC PLAN PER SPECIFIC PLAN PE R S P E C I F I C PL A N PE R S P E C I F I C PL A N 0 5' 20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION LEVEL 01 FLOORPLAN A-101 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" LEVEL 01 FLOOR PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =a= 0 0 0 f---L L I---+-•_, I---+-' I---+-' 0 0 f----1-~- f----+--_L I---+-•_, I---+-_, f---+-~L ·-L - - - . -·' - ' I - ', I ' \ - - " - - 0 0 / - -- --t- ~ I "-. 7 .~ - I ~ , / • L / -1--1 --1--1-1,-1 \ ..... -~/ ' --r-= ·...,_;. -- - t :I -/; I I I - I I - I' I I I I ' I I I I - I I I I I I ' u u Inc ' I I I '1111 !:iI • ~Ill . ......, .· II -+ Ill 1· ' ~I I - • II u ~ :_· b L I • I - ,-It=· - -1 ~ ~ = ' - C ' \ C I -• I_:= \} ,:::'-+-~1r 1-- -•---'-l-I ' 1_-1---i::__I I iJ = )/ ~ --,c:--~ ' ~ I ~'.L · - I I - / ~ • I I I I I I I I I ■--~I -- - I I I I l I I .- ,I, CALLISOtQTKL.: 0 -t -t - i /'\ I _) I \ u ■r- IJ .. ~ ,I, I ' II II ' II ' I e:- ' . I I I I ~ I ~ I I I ;:11 '--.___/ J-D~ ,, <:::c _ ,-~ I -, ~ c, I -•-- I ~ ,-~ I 1l• .. "l 1 .. ' ,J ,r ' - ·.~ I ',J I I - E9 1 A-301 1 A-302 51' - 10 1/2"208' - 0"10' - 1 3/4" 44 ' - 1 1 1 / 4 " 38 9 ' - 0 " 19 ' - 3 " 45 3 ' - 3 3 / 4 " 23' - 10 5/8"230' - 0"16' - 1 7/8" PROPERTY LINE PR O P E R T Y L I N E SE T B A C K L I N E SETBACK LINE PR O P E R T Y L I N E SE T B A C K L I N E OPEN TO COURTYARD BELOW 2 A-301 1 A-303 OPEN TO COURTYARD BELOW DECK AL-ST AL-ST AL-ST AL-ST AL-ST AL-ST AL-1B AL-1B AL-1B AL-1B MC-SG MC-SG MC-SG MC-SG MC-SG MC-SG MC-SG MC-SGMC-SG MC-SG MC-SG MC-SG MC-SG MC-SG MC-SG MC-SG MC-SG MC-SG AL-1B TLT.NURSING STATION AL-1B AL-1B AL-1B AL-1B AL-1B AL-1B AL-1B AL-2B AL-1B AL-1B AL-1B AL-1B AL-2B+ AL-1B AL-2B+ AL-2B+ AL-1B MC-SG MC-SG MC-SG MC-SG MC-SG AL-2B MC-SG MC-SG MC-SG MC-DBL SALON MC DIR. BOH TRASH NURSE STATION TLT.TLT. KITCHEN AL-1B AL-1B CORRIDOR LV ELEC. MD MC DINING ART MC LIVING ACTIVITY MC LOUNGE MC-SG AMENITY MD A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" ELEV. LOBBY SETBACK LINE PROPERTY LINE ROOF ROOF ROOF ROOF SE-1 E-1 E-2 E-3 E-4 ST-3 ST-1 ST-2 35 ' - 0 " 59 ' - 0 " 19 7 ' - 0 " 29 ' - 0 " 69 ' - 0 " 16 1 ' - 0 " 58 ' - 0 " 60 ' - 0 " 58 ' - 0 " 52 ' - 0 " 57' - 0"168' - 0"5' - 0" 0 5' 20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION LEVEL 02 FLOORPLAN A-102 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" LEVEL 02 FLOOR PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =aQ 0 0 0 0 0 0 0 0 0 0 ' ' I I [ L [ I ■ I , n Im C ,.- -:: -: ,·_ ----t+ ---~II=='==~ ~1--:1 -- I --+------+----- 1 I ---I-- --++-- I I .---rr -- a=i_ t- ·r r ·, --+-·~--~--'-I--I.--~""--~ ■ II ' JI' ' ,J ~ -~ - I -4 I I I I ' ' I I I ', 6= IY i I c:; II I ' - I I I I , I I I ' ' ' ' ' .,,,. 1 I. :<. (] I , =, " -1~ ~ I I~ ,I, ,I, I • ·, l, • ~. ~' I I ' /; ~ ' ' . I ' ___ • ~-J~----1-[~=dt~--~--~: _____ ~ I I .. I I I I ~_j~===,==ll ,6 C ' --_ __,. LJ =:J ■ I I ~ I I ■ ~ I L_ ' -- ':'" ~ I I L -■ •. = II / - -- -- / / I r . \, -=' / I - -- --r ' L I.., [,// \', ..-' -II --11 -', ■ • I b I ' J··~ IL J'~ -1.."" .... , .. -'r ~ -vr r"'lo, ,j '\,,.. ~s I I -I I If 11 II 11 I 1 r .-,-~,F-, i: I I I L.:--------~-~----------~-------"-I ~-------~-----4--------------------:___J ______ ____ CALLISOtQTKL.: EB 1 A-301 1 A-302 PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E SE T B A C K L I N E SETBACK LINE PR O P E R T Y L I N E SE T B A C K L I N E OPEN TO BELOW 2 A-301 1 A-303 AL-ST AL-ST AL-ST AL-ST AL-ST AL-ST AL-2B+ AL-1B AL-1B AL-1B AL-1B AL-1B AL-1B IL-1B IL-1B IL-2B IL-2B IL-2B AL-2B IL-1B IL-1B IL-ST IL-ST IL-ST IL-ST IL-ST IL-STIL-2B IL-1B IL-1B IL-1B IL-2B+ IL-1B IL-1B CORRIDOR IL-1B AL-2B AL-2B+ AL-1B AL-1B AL-1B AL-1B AL-1BAL-1BAL-1BNURSE STATION TLT.LV AL-1B AL-1B ELEC. AL-1B AL-1B AL-1B AL-1BMD AL-1B AL-2B+ IL-1B IL-2B IL-1B HK IL-1B IL-2B OPEN TO BELOW A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" 45 3 ' - 3 3 / 4 " 270' - 0 1/2" SETBACK LINE AMENITY SE-1 E-1 E-2 E-3 E-4 ST-3 ST-1 ST-2 TR 44 ' - 1 1 1 / 4 " 39 0 ' - 0 " 18 ' - 3 " 10' - 1 7/8"208' - 0"51' - 10 1/2" 35 ' - 0 " 59 ' - 0 " 19 7 ' - 0 " 29 ' - 0 " 70 ' - 0 " 16 1 ' - 0 " 58 ' - 0 " 60 ' - 0 " 58 ' - 0 " 52 ' - 0 " 57' - 0"168' - 0"5' - 0" 0 5' 20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION LEVEL 03 FLOORPLAN A-103 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" LEVEL 03 FLOOR PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =a# CALLISOtQTKL.: 0 0 0 I I /-\ /-\ I _) I I _) I I I I I I I ' r-=------=t.----- --- ----------- - I I I ' I I p3J 11 r 111·-. =---,,---111 11~-, :i ll lh ,-JII ' ' 3 I I ~ I • J•~ j•~ I , _(l I .:L s~ c:"' ' ' I I • =..,f "1:-I I I I ', -_r r. I Jj I ~ C I ··-• ' I I ,b= I = -I I I I I I • -11 , -cJ -11 -' I ~ I ' ! ! ; I --I I -. \\\ I --' ' L .:. I -+-I -- C -- - - -- I r-~ I ,' zJ • -, _II I I I I I I I I b \ ~ I I • I L_ I I ■ I I L __ J\,_ - I l "(l .-/ 'i I .-r _, ~ I I I -I = • • -I I :8J r2: -I . -t+-\\ I u --~ 111 t-·r -- -- L, I I I ,-' I I =-H--I I I I --, + -=+ ' .. I - ~1 i1 L -r i J .--7 -·---- ' ---\ I I -··v· ,_::. ~L I ' I = I ---C l ,J -- I -: \\\\ I r= I I = t+ c-" ( !I j I I I 11 - • t--- ...r IF -~ --'·r --1 ...., -- --.-7., lb I -,,_ I a= __ ,,-' I t-= ~ : I L I I I -rr -■ '7 ---.-= II ! I ·r - -- -L .----m / - r -, :r ~ I I r ,..J I II II' . \_ -, I I ' _, / I I • ,J ~ - -- --r : 'CJ ', r --b L -' r I I 4 I.__ [,// ', IY \-, I -~ --.r' '--, ~ +-- -- -L -- i I II 11 -, - I ■ 1F • I I c:; 6-j I b I II • J--~ IL J'~ ' ' I I -1.,.. ..,_, .. -'r ~ 1. , ... r"'lo, _j '\,,.. I I ~s I I I I I II II II II I I - I ' ' I ' ' I I I I I I I L:_ - --I---------:.J ~ - -- -- -- -- --- 1 EB 1 A-301 1 A-302 PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E SE T B A C K L I N E SETBACK LINE PR O P E R T Y L I N E SE T B A C K L I N E 2 A-301 1 A-303 IL-1B IL-1B IL-1B IL-1B IL-1BIL-1BIL-1B MD NURSE STATION TLT.LV IL-1B IL-1B ELEC. IL-1B IL-1BIL-1B IL-1B IL-1B IL-1B IL-2B IL-2B IL-1B IL-1B IL-2B IL-2B IL-2B IL-2B IL-1B IL-1B IL-1B IL-1B IL-1B IL-1B HK IL-1B IL-2B+ IL-2B TR IL-2B IL-2B IL-2B IL-2B+ IL-1B IL-1B IL-1B IL-1B IL-1B IL-2B+ IL-2B+ IL-2B IL-1B IL-2B IL-1B IL-1B OPEN TO BELOW OPEN TO BELOW IL-2B IL-2B A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" 51' - 10 1/2"208' - 0"10' - 1 3/4" 44 ' - 1 1 1 / 4 " 38 9 ' - 0 " 19 ' - 3 " 45 3 ' - 3 3 / 4 " 270' - 0 1/2" SETBACK LINE AMENITY SE-1 E-1 E-2 E-3 E-4 IL-1B ST-3 ST-1 ST-2 35 ' - 0 " 59 ' - 0 " 19 7 ' - 0 " 29 ' - 0 " 69 ' - 0 " 16 1 ' - 0 " 58 ' - 0 " 60 ' - 0 " 58 ' - 0 " 36 ' - 6 " 15 ' - 6 " 57' - 0"168' - 0"5' - 0" 0 5'20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION LEVEL 04 FLOORPLAN A-104 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" LEVEL 04 FLOOR PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 6J9 0 0 ' ' II - J•~ j•~ ' .... c:_."' .,__........,. ' ml=====lcl• ! I '-t: ~ 0 - ---1 - -r-------- -_...__ .... J I ...._ __ 11,....,'s ~....._"'ll"""" ... ,...11 ? i r. I - I I • I ill I 'I' 11,...:~==11,!b·= I I ;:o I ~ ----=t==-=:--===-=-=l==l==-=:--===--J=1 ==1"==i'c= ~( L_JE===:~=:l'i ___ _ - - - --+--+---+-- zJ l •• ·r •. Ir + L --' ', • - I -- I I ~ ----I-- --++- I I ~----+------.-rr -L .- I I i -4 i . ' ' ,J ~ ', r IY I.._ ..-' I I ' ' I - I i I I I -I ■ L __ J\'+-"--.---" .-/ - • I - I --- ' \ I ' I ,J I ...r I '-r 7., ,. .. = _ __ _ ~=e11. II IUJI 1.w.JIJ.,Aff-'7 L ~ / --' ·, I ~ ', ,.._ ' L .... J'~ ~ ~ -r ~j I b I I I -+- I I I I I I ~-~c=--=-c=~~1~=~,~~-L~~~,~~L.e@.....ll~,~~~=-l I '" 11-~' I I I L.:-------~~-~----------~~--------"-I ~-------~-----4----------------_____ :___J ____ ---4_ CALLISOtQTKL.: EB 1 A-301 1 A-302 PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E SE T B A C K L I N E SETBACK LINE PR O P E R T Y L I N E SE T B A C K L I N E OPEN TO BELOW OPEN TO BELOW 2 A-301 1 A-303 DECKDECK DECK IL-3B IL-2B+ IL-2B+ IL-2B+IL-2B+IL-2B+ IL-2B+ IL-2B+ IL-1B IL-1B IL -2B+DEN IL -2B+DEN IL-2B+ IL-2B+ IL-2B+ IL-3B IL-1B IL-2B IL-1B IL-1B ACTIVITY ROOM IL-2B+ IL-1B IL-2BIL-1B LV TLT. TLT. LOUNGE GAME GOLF ELEC HK IL-1B TLT. CORRIDOR TR CORRIDOR A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" 61' - 10 1/2"175' - 0"33' - 1 3/4" 45 3 ' - 2 1 / 4 " 45 3 ' - 3 3 / 4 " 270' - 0 1/2" SETBACK LINE SE-1 E-1 E-2 E-3 E-4 LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL LIGHT WELL ROOF ST-3 ST-1 ST-2 DECK 23 1 ' - 0 " 15 6 ' - 0 " 63 ' - 0 " 50 ' - 5 1 / 2 " 62 ' - 6 1 / 2 " 47 ' - 0 " 41' - 0"160' - 0"12' - 4" 64 ' - 0 " 0 5'20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION LEVEL 05 FLOORPLAN A-105 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" LEVEL 05 FLOOR PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 61J ' 0 0 0 I I I :,:----J= __ --~ ---_-+--11--~---_ - --:7 -----<- I ,. , 11 Ii r 111111i'11 ,FTI=,. =-=7 1111111111 • ,. 1 , n11 lllllllli I I I I ' I I 111 : ---I I F""' I ' ■ -. ·1 I\ r"""', ' ,, \J r7 I [=, -I ' ■ L ' I I I 1·~ ,I, "L:'.:._ ' ,= 11= I I ,_ ---!-I.I I ~'14-1\"''": ~ .---........ l•j ' t=====~=c¥J --+--+-------+ I -' l====f" 1/ ' D ' I I ' ,,. .. :. ' I ' ~ ---l-----4 -----JFl_.,..==""'i'='=""i,,__ -- - - ~I .!.. I I - - - ------+-+----+--~ t- -. +-+11= ==F====l zJ i 11 I 111 111 I I I ' I ilfill I g • I I - ' ' I ~j ,------t------.l!a~l----+--cJI--\\, , \ ,-\\\ ------ ,,· ---- n . I I = I ~ ---+------+---------+ o,r===='ll===~----ir-.n--1 - 1 ==' 1 ~ --1 I r= ,.-• g i \\ IJ .... I i .Ill ~ =,;-h ---i---: ------4- n . ---1-----++1 ----1o.1 •1,.jf. --~ _.,___ -= I \\ -, ~ !!!!!!!:::: I · '1 f-~ I : mm--~. _,..___ --,"'---'-., --•r - I -I " I I I -----■t----11: --J\--.J1:"::::::::::it-~ott+!1F======4~W I 11 111 1-:::::: -f: . ' ·r -tt--- JI j -- _ __ _ I i .di--= ... :_ _ --1/:i=='l-■----"========,!!,f,,-,.,,.,1.·=====·/········====-==========e!__k== _. _ _ ~ -~ --'I , I IY /~ -• ·. ~ • -·1 l:r I ~ -1-1 I I L i'l/·-------.. ,-......... -.--. I I I I ■ -I'~ =II 111·1 111 =i __ ,______: ■ 1 n Jc 11 1 \-1- -11 ,I . I I ~~ 1'!::: I I I ~ I I II II I I I ~ ------rr ------+-, ~ ______ L_L---=-J-~--------------------+----+-I "----1--- ---- ---- ---- -----:__J __________ _ :-1 I CALLISOtQTKL.: EB 1 A-301 1 A-302 2 A-301 PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E SE T B A C K L I N E SETBACK LINE PR O P E R T Y L I N E SE T B A C K L I N E 1 A-303 270' - 0 3/8" 49 ' - 1 1 1 / 4 " 37 9 ' - 0 " 24 ' - 3 " 39' - 10 5/8"41' - 0"160' - 0"29' - 1 7/8" OPEN TO BELOW OPEN TO BELOW OPEN TO BELOW A B C D E F G H 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 SETBACK LINE OPEN TO BELOW OPEN TO BELOW LINE OF 4'-0" HIGH ROOF EQUIPT. SCREEN LINE OF 4'-0" HIGH ROOF EQUIPT. SCREEN ROOF ACCESS HATCH ELEVATOR ROOF ELEVATOR ROOF ELEV. ROOF ELEVATOR ROOF 48' - 1 7/8"160' - 0"61' - 10 1/2" LINE OF 4'-0" HIGH ROOF EQUIPT. SCREEN 28 ' - 9 " 35 ' - 0 " 23 ' - 6 " 24 ' - 0 " 31 ' - 9 " 29 ' - 0 " 17 ' - 0 " 12 ' - 0 " 18 ' - 0 " 11 ' - 0 " 29 ' - 0 " 29 ' - 0 " 27 ' - 0 " 36 ' - 9 " 14 ' - 6 " 20 ' - 9 " 29' - 9"34' - 0"30' - 6"27' - 9"36' - 9"35' - 3"28' - 0" ST-3 0 5' 20' 30' 50' 70'100' ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION ROOF LEVEL FLOORPLAN A-106 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1" = 30'-0" ROOF PLAN1 TRUE NORTH DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =ll ' ' 0 0 0 I --+-I I I r---:,---L _ ---~ --- --+--! ----1-----~ I I ·--l ----1--~---~ I ' 11117 1 1--1 I 1 1 I I ' I II I I I = f-- ,-------T7 I / I I I : 11 I _} I I I L ________ _J I IF. ~~~~==si1 l~l__ II!==={, '1 111 ~ 1= - li \;l I I I I I I I ---W---1 I I ----/ -----4------L ---+---,+-- I ~ +-- I I [J [ I / I I . -t+ -- -lc+---------+---~ - I I ----IC----------tt-~ - \ -- I I -- -I-----1------1 _,__ - - ! --- I I ------- I I I --I =Ii\\\;\ = I = I ----i -\\J c____= T =m:ii i--J - 1 mmn • I I I 11 \/ I --_ __ l __ I ;"===~11~--==l~-·. • L __ L_~-=----\/ I I -++- I I I -- I I I I - I ---,,==l=!L~' -I----- " ------tJL--- L = I = --W-I = I I I L ' I b I I -- ~ I u I = I I I I I I L-------1--------------------------I ~--- ---I--- -----+-- ---- ---- ---- -----:J CALLISOtQTKL.: EB ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION OVERALL ELEVATIONS A-201 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 612 8'-0" HIGH MAS ONRY WALL PANEL SIDING SD-03 PANEL SIDING SD-02 ELEVATION -EAST 2 1116" = 1'-0" -1 10'-0" PROPERTY LINF-E---•• METAL GATE MTL-01---~ -------------------- SETBACK LINE ---------e ELEVATION -NORTH 1116" = 1 '-0" METAL AWNING MTL-01 COMPOSITE RAILING WHITE STEEL ROLL DOWN SHUTTER ACCENT PANEL SD-01 CEMENT PLASTER PL-01 HIGH PERFORMANCE GLAZING GL-01 PANEL SIDING SD-02 H IGH PERFORMANCE GLAZING GL-01 LIGHT FIXT URE METAL CANOPY MTL-01 STONE BASE ST-01 METAL AWNING MTL-01 PANEL SIDING SD-02 STONE BASE ST-01 METAL CANOPY MTL-01 CEMENT PLASTER PL-01 PANEL SIDING SD-03 METAL ROOF PAINTED TIMBER ACCENT PAN EL SD-01 METAL DARK GRAY & WHITE -1 10-0" I PROPERTY LINE >- SETBACK LINE 8 J~ ROOF LEVEL ,r, FFE = 102 .50' i;:J 1 a : ~::, ' ' '° al LEVEL 05 ~--t-_jtr ------~------t----r,r ----FFE =89.50~ I 10'-0 " ! 2 -i r-0 ' I -+--~-------, ----- COM PO SITE RAILING WHITE; WITH GLASS BEHIND >-I ROOF LEVEL ---r-FFE = 102.50' S 13'-0" -t--FF~E=V:~ii s 13'-0" "' 0. LEVEL 02 ,r, FFE = 53.50' 'J SETBACK LINE ---~•• '-' w I -f-FF~E=Vii°~• S ------------------' '-' z -------------0 - 9 __, in 5 "' "' Cl w V) ---------0 0. :? 0. 11'-0" ---t _ _!.E_'i_E~3 -.r-FFE = 65.50' 1;J' 12"-0" t LEVEL 02 ------------------r · -FFE = 53.50' s 16'-0" _ ~~~~-£8§' l LEVEL 01 -----r-----s__ _____ --F FE=37.50'~ I __ DATU M: HIGHEST POINT O F CU RB ALONG THE FRONT P /L CALLISOtQTKL.: ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION OVERALL ELEVATIONS A-202 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 613 ~---PROPERTY LINE SETBACK LINE e--l- I I ' 10'-0 " ' ~ I--- ' ' ' I ~ PANEL SIDING SD -03 i;I i;I META L ROOF PANE L SIDING SD-02 I I I I I I I STEEL ROLL DOWN SHUTTER EL EVAT ION -WEST 2 1116 " = 1'-0" META L CANOPY MTL-01 mm HIGH PER FORMANCE GLA ZING GL-01 COMPOSITE RA I LING WHITE STONE BASE ST-01 GLASS RAILIN G G L-0 1 I I I PANEL SIDING SD -03 GLASS GL-01 CEM EN T PLAST ER PL-0 1 META L CANOPY MTL-01 PANEL SIDING SD -02 META L AWNING MT L-01 ACCENT PANEL SD-01 WOOD RAILING METAL CANOPY MT L-0 1 8'-0" HI GH ~~ MASON RY WAL L FIRE ACCE SS ROAD t .. ROOF LEV EL c, FFE a 102 .50' 'J LEVEL 0 5 '°' FFE = 89.50' c::111' LE V EL04'°' FF E = 76 .50' c::111' LE V EL 03 ..-, FFE = 65.50' I.J' LEVEL 02 c, FFE = 53.50' c::111' LE VEL 01 FFE = 37 .50' I__ DAT UM : HIGHEST POINT OF CURB ALONG THE FRO NT P/L -------------------------------------:-ll"''!"'!'"l"'ll"'!"'!"'!''"!"'l"'!"'!""!-l""l""!""rl~l..,...,.,."!""'~I ~l n"'l':';/J1~~,-~-~~~""'III-T'~..,..l""'l'"'l':"i""l"'""'!'--i-,-'!""i'"'!'!"~..,.~~,:"!""'=~~il•=~i~.i l"'!"'!""!--r,r---rl~~-~='~"-,-=•d-J.,,....,..l'-'l',-:-:~:•=~~-=~=~f-J ,-1-":.":,r~-------------------------------------------------------------r-~~i=~~i;~-S 10 '-0" I-13'-0" PROPERTY LINF-E-----• SETBACK LINE.-.--_--;-.------ ELEVATION -SOUTH 11 16" = 1'-0" ST ON E BASE ST-01 CEM EN T PLAS TER PL-0 1 ------i------~-~-~7:"'-~N~-------------------·;· ---t --FF~EaVii ii S -----+---SETBACK LINE ~ 13'-0" ------------------.,,i ----1--FF~E;';;:. s ins T '° co 1 1 '-0" -----------------------------------1---t --Ft,;Ef~~J -s 12"-0 " ~·~~t .,~;:,. 16'-0 " --_ ----r ~L~tl8f '-s_ __ j ___ _L E~EL 01 s ! g " t FFE = 37 .50' I__ DATUM : HIG HEST PO INT OF CURB ALO NG THE FRONT PIL ► ◄ CALLISOtQTKL.: ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION MATERIAL PALLETE A-203 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 614 CODE GLASS GL-01 PLASTER PL-01 METAL MTL-01 WOOD WD -01 STONE ST-01 DESCRIPTION INSULATED GLASS UNIT Mfr.: Mfr. Code: PLASTER Mfr.: METAL Mfr.: Mfr. Name : WOOD Mfr.: TBD Mfr. Cod e : TBD STONE Mfr.: TBD Mfr. Cod e: TBD COLOR Clear Medium Dark Brown Wood TBD ~--METAL AWNING MTL-01 LOCATION NOTES Typi ca l Vision Pan el See Ele vati ons for lo cations Typical Mul lion , Frames , Fascia, Fluoropo ly mer re sino us 3 coat system for Crown Deta i l and Railings, Awning exterior fin ish Covers See www.ppgmetalcoat i ng s.co m for mor e i nformation . Acce nt See Ele vati ons fo r lo cations ~-PAN EL SIDING SD-02 CODE SIDING SD-01 SD-02 SD-03 PAVER PV -01 PAINT PT-01 ~-METAL CANOPY MTL-01 DESCRIPTION ACCENT PANEL Mfr.: TBD Mfr. Cod e: TBD PANEL SIDI NG Mfr.: TBD M fr. Code : TBD PANEL SIDI NG M fr .: TBD Mfr. Cod e: TBD CONCR ETE PAVER Mfr.: TBD Mfr. Code: TBD PA INT Mfr.: TBD M fr . Code: TBD COLOR GRAY WHITE BLUE GRAY WHITE D ----PANEL SIDING LOCATION See Elevations for l ocations See Elevations for locations See El evati on s for l ocations Balconies , Courtyard s, See Elevations for lo cations SD-03 ACCEN T PANEL SD-01 NOTES CALLISOtQTKL.: LE V E L 0 1 37 ' - 6" LE V E L 0 2 53 ' - 6" LE V E L 0 3 65 ' - 6" LE V E L 0 4 76 ' - 6" LE V E L 0 5 89 ' - 6" RO O F 10 2 ' - 6" LE V E L B 1 25 ' - 6" DR I V E W A Y PA R K I N G PA R K I N G PA R K I N G 12' - 0"16' - 0"12' - 0" 11'-0"13' - 0" DA T U M : HI G H E S T P O I N T O F C U R B AL O N G T H E F R O N T P / L BO L S A C H I C A R O A D SE T B A C K L I N E PR O P E R T Y L I N E LA N D S C A P E SE T B A C K 10 ' - 0 " SE T B A C K 10 ' - 0 " CO U R T Y A R D RO O F RO O F (E ) W A L L 13' - 0" EL = 3 7 . 5 0 ' EL = 3 8 . 2 8 6 ' EL = 1 0 2 . 5 ' EX C E P T I O N T O H E I G H T LI M I T F O R P A R A P E T W A L L S EX C E P T I O N T O H E I G H T LI M I T F O R M E C H L . A P P U R T E N A N C E S IN C L U D I N G R O O F S T A I R S PE R S P E C I F I C P L A N 4' - 0" 10' - 0" EL = 2 5 . 5 0 ' SE T B A C K L I N E PR O P E R T Y L I N E (E ) R E S I D E N T I A L PR O P E R T Y 64' - 9" (P E R S P E C I F I C P L A N ) 36 . 4 0 5.0% 5.0% 10' - 0" 10' - 0" 1 4 . 5 % 26 ' - 0 " 19 ' - 0 " 7' - 0" PR I V A T E GA R A G E 9"64' - 3" FI T N E S S OF F . 8' - 6" IL U N I T AL U N I T AL U N I T AL U N I T AL U N I T AL U N I T AL U N I T AL U N I T AL U N I T IL U N I T IL U N I T IL U N I T IL U N I T IL U N I T IL U N I T IL U N I T (P E R S P E C I F I C P L A N ) EN T R Y R A M P 8' - 4" A B C D E F G H PROPOSED BUILDING HEIGHT 65' - 0" LE V E L 0 1 37 ' - 6" LE V E L 0 2 53 ' - 6" LE V E L 0 3 65 ' - 6" LE V E L 0 4 76 ' - 6" LE V E L 0 5 89 ' - 6" RO O F 10 2 ' - 6" LE V E L B 1 25 ' - 6" PR O P E R T Y LI N E SE T B A C K LI N E PO O L BO L S A C H I C A R O A D SE T B A C K L I N E PR O P E R T Y L I N E PO R T E CO C H E R E DR I V E W A Y CO U R T Y A R D LA N D S C A P E SI D E W A L K AL U N I T AL U N I T AL U N I T IL U N I T IL U N I T IL U N I T IL U N I T IL U N I T IL U N I T CO R R . CO R R . CO R R . CO R R . CO R R . CO R R . CO R R . SE T B A C K 10 ' - 0 " SE T B A C K 10 ' - 0 " PO O L E Q U I P T . R M . PA R K I N G 12' - 0" 15' - 9"12' - 0" 11'-0"13' - 0" DA T U M : HI G H E S T P O I N T O F C U R B AL O N G T H E F R O N T P / L 64' - 9" EL = 3 7 . 5 0 ' EL = 3 8 . 2 8 6 ' EL = 1 0 2 . 5 ' EX C E P T I O N T O H E I G H T LI M I T F O R P A R A P E T W A L L S EX C E P T I O N T O H E I G H T LI M I T F O R M E C H L . A P P U R T E N A N C E S IN C L U D I N G R O O F S T A I R S PE R S P E C I F I C P L A N 4' - 0" 10' - 0" (E ) W A L L (E ) R E S I D E N T I A L PR O P E R T Y RO O F RO O F 9" 64' - 0" (P E R S P E C I F I C P L A N ) 37 . 5 0 7' - 0"5' - 0" ST O R A G E (P E R S P E C I F I C P L A N ) DI N I N G # 1 A B C D E F G H PROPOSED BUILDING HEIGHT 65' - 0" EL E V A T O R S H A F T IL U N I T LI G H T W E L L LO B B Y EL E V . P I T DE C K IS S U E D R A W I N G L O G SI G N A T U R E & S E A L NO T F O R C O N S T R U C T I O N BU I L D I N G S E C T I O N S A- 3 0 1 H U N T I N G T O N B E A C H S E N I O R L I V I N G EN T I T L E M E N T S Ca l l i s o n R T K L I n c . 33 3 S H O P E S T C - 2 0 0 LO S A N G E L E S , C A 9 0 0 7 1 PH O N E - 2 1 3 . 3 3 3 . 6 0 0 0 CR T K L P R O J E C T N O . - 0 4 0 - 2 1 0 0 2 3 . 0 0 © 2 0 2 2 C a l l i s o n R T K L I n c . SC A L E : 1 / 1 6 " = 1 ' - 0 " BU I L D I N G S E C T I O N 0 1 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " BU I L D I N G S E C T I O N 0 2 2 1 1 2 2 DR A W I N G I S S U E L O G RE V DE S C R I P T I O N DA T E CU P S U B M I T T A L 10 - 1 5 - 2 1 1 CU P R E S U B M I T T A L 10 - 3 1 - 2 2 =l n 0 l:_'_Tf-'--'--T.'1f1 I~. ~II~ ~ Jl!!n/u'!/c ~ _l_ ~ LI -II /cl 1-ifl1 f -II /dFi Ir' -llf ~ •;iffi -I~ ~llf Jrfb I ~I ,~ :°'F~ _-11t '• I ¥1" I- ~ I ,~ F~ ~ 1! 1'- 1bllb •=~I 'I rl if~llb -~-)Ill -!~ I~ EIIE tl---I rc'ln I _'In _.,I .,c1,,J===='I =ll= I -ILIIL • _,_ 1 --~ 11 - ii " ,1=1FI ff~~ 11 ~~ t I 1=1F I~~ T~~~ c~~I / JI =~f =IE :ll:::llb~----~~= ~ I ··11 JFIIF T8l}I =ll= "r~ ; ~~ 'rl" ~ JF,11, -F ~~ -~~~ -rr-1tr~ '~"" =~~ ~11~m L-~IIL IJ_J_l~I -11-1r ~II~~ ~11~W ll-~IIL IIJ_J_l~I =ll~l~F =:11:=IE cll=ll=llb =ll=ll= ll-~IIL IIJ_J_l~I bll~re1 1=11=1F -11-IHlf l=ll=ll= -ll-~IIL LTr~T~- 111 11=1 =11= 11:=1 -JL II=l _JL_ 1111 ,-, =F 1::::1 =llf ~II =1 kll~ lff4°~ f=Jl:;"/il WI, Li!Jl7~ JJ ~i Uci~r 1=1F ~Tukffi Lg ,,( ! l~r iicbm r I I I I rfW =11r .,...,....,""',. m ttti rB b m I I II I I II I 7 7 7 Jtr1 11111~ I Jtr~i I I :k=~=+oo1- -11 ~ Jtf~L ·=11r1 rr~, ,: l~i 11L!1 -$- ~ e-- ITT I I I II I l _l 11 II c I I 7 7 ~I 71 jj 1=1u~ I EB l_l I I I~ B l ca C I - - - " ~I I 7 ~I 7 7 I . . I I II 11 ---, I - l I I J ~1 ·a~I IUU ~I - I I 7 7 I I ' I e- ' H I I HI I 11 Ii I ll I t--+ ---0 I i---Q I ' I I ' I ' I ' I 0 i---Q I ' I I I ' I ' I ' I ---0 ---0 0 ---0 0 -1 1u@-JT JJ~j ~::::;L = l=l l::::J 1=11= I=~ 11=11=111=1=11= l=I " _L__ II 'i ' r 'T "11 lcs \ Jl I tl 7TJ -l_ l II~ ~11_! 1171 I ~7i;i 11: 11~1 B l 71]!7 ~11~ ]=7 11J!=, 1_ 7T_ i~~~h -11=7 1=11 011-1 1 -II TL7L " · -11-1 1Jl71Jl7 -71-71-11-11-7 111111 t 1 1111 I_R l==ll - - !==l IEIE3l I I ----0 ,1=11=11= .:31::::11:= I 111= 11==--lh _m_:_ 11~11_! rn'11"11' n,r-71-7 =111=11=11= !I Bl:= II:= I l:::111=11=11= [IIIJ o:p111_1_L [III] w=i-~ --- - 7 -I ll 1---Q I 1 ·· . tnr_:_ 11~11_! trn! llJlll_J }::Q:l: 11:!Jii:! :1 Bl:= II:= I Elll:=ll=:11:= I l::::Jl=II= I C~I~]~J n,r-71-7 =111=11=11= R1=11= I =111=11=11= l::::Jl=II= I -BT~l1~7 =~Tlll1Jl7 -111-11-11-ni-11-1 =111=11=11= Bl:= II:= I ~1~11~1 )~]~] 71-11-1 11=11=11= 31::::11:= I ~I ~11~1 ~~]~] i iiJJii:::l 31::::11:= I ,1=11=11= :::Jl=II= I ~~]~] ~ iiJJll=1 =i1=11= I 11-11-11- ::::11=11= II ~~~-- ~ IIJJII_J =11=11= I 11=11=11= =11::::11:= I !!!mlllld15 )~]~] 71-11-1 111=11= 11:- TTk = -"=-' =u_Jj]JJJ ~I~]~J WJ: iiJJii=1 ' / ' 7 ' Ell~=■ I :Ill= 11= 7T= ---l+---- @!Ji!Eii~ -111_1_ IIJl II_J, .QJ: 11JJ11=111 R1=11= I 111-Jj-Jl-I ~!]~]~ 114=l1~7T~ ~+~~~~I-I 11=11=11= ,~~~~ I IJ: I IJJ 11=1 =i1-11-I 11=11=11= ,~~•--- 1cL I IJJ I 1=1 ,J1,,JJ,,=1u 1 [Jc =nJJ=n=1 II II]-]JI-J ' ITT -I =11=111=1 I 11=11= I =11=11= ll: 11JJ11=1 ~]~]~ clc11JJ71=1 c!c iiJJii=1 1-11-1 Bl II I I _1111 ~m E l rm _11 _111 H11 I ~ - C I C I I _I _L I~ _I_L -1-r ~ I I I I= 11- f J!11J!7 L~~~:~ \ I I I I I I I I' _ -_!!II_!!- ,]=:TT'- :]:M]I:::! 11JJ11=1 -II-I 11-11--71~7 n~11~ -71-7 ]~]!~ 11JJ11=1 -11-1 I ~11~1 ~11~7 li, - nll~J -II-I 1!11~1 l::;:-11 J~JT~ ~ b b b 6 ~=_JI II 7 t-t !11111 !11~1 --- ""'-" . : . r I --~-U-ill-,Jj::::: _J=U;:;:;U= ...LI= _l'---c -lli!JiH_IIIIJ_iiJ!i~l I , -ttl-1---, I ----- ----+---, ---j. __j -j 1=11= I= 1-11-1: "Tf----,7-"]-7 j;lj 1--1 ,~ 1~= -$-t, I ' I I I ~ +---+ ' ' 0 ---0 ---0 ---0 0 ---0 ~ r r -(/) 0 ~ -I " r. LEVEL 01 37' -6" LEVEL 02 53' -6" LEVEL 03 65' -6" LEVEL 04 76' -6" LEVEL 05 89' -6" ROOF 102' -6" LEVEL B1 25' -6" WARNER AVE. SE T B A C K L I N E PR O P E R T Y L I N E FIRE TRUCK TURN AROUND SPACE 13 ' - 0 " 13 ' - 0 " 11 ' - 0 " 12 ' - 0 " 15 ' - 9 " 12 ' - 0 " LOADING AREA PARKING PARKING IL UNIT IL UNIT MC UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT IL UNIT ROOF ROOF DATUM: HIGHEST POINT OF CURB ALONG THE FRONT P/L EL = 37.50' EL= 38.286' EXCEPTION TO HEIGHT LIMIT FOR PARAPET WALLS EXCEPTION TO HEIGHT LIMIT FOR MECHL. APPURTENANCES INCLUDING ROOF STAIRS PER SPECIFIC PLAN 9" 64 ' - 3 " 64 ' - 9 " 4' - 0 " 10 ' - 0 " RE F E R T O 2 / A -30 2 F O R C O N T I N U A T I O N LINE OF ROOF EQUIPMENT SCREEN BOH GENERATORKITCHENDINING #1 MC UNITMC UNITMC UNITMC UNITMC UNITMC UNITMC UNIT 07 08 09 10 11 12 13 14 15 16 17 PR O P O S E D B U I L D I N G H E I G H T 65 ' - 0 " SETBACK 10' - 0" (PER SPECIFIC PLAN) LEVEL 01 37' -6" LEVEL 02 53' -6" LEVEL 03 65' -6" LEVEL 04 76' -6" LEVEL 05 89' -6" ROOF 102' -6" LEVEL B1 25' -6" FIRE ACCESS ROAD AL UNIT IL UNIT IL UNIT IL UNIT PARKING PROPERTY LINE 13 ' - 0 " 13 ' - 0 " 11 ' - 0 " 12 ' - 0 " 16 ' - 0 " 12 ' - 0 " PARKING PARKING AL UNIT IL UNIT AL UNIT IL UNIT AL UNIT IL UNIT IL UNITIL UNIT IL UNIT IL UNIT IL UNIT ROOFROOF 64 ' - 3 " 9" DATUM: HIGHEST POINT OF CURB ALONG THE FRONT P/L EL= 38.286' RE F E R T O 1 / A -30 2 F O R C O N T I N U A T I O N EXCEPTION TO HEIGHT LIMIT FOR PARAPET WALLS EXCEPTION TO HEIGHT LIMIT FOR MECHL. APPURTENANCES INCLUDING ROOF STAIRS PER SPECIFIC PLAN 4' - 0 " 10 ' - 0 " 8' - 0 " 8 FT. HIGH MASONRY WALL EL = 25.50' STUDIO FITNESS DINING #1 ELEV. PIT 01 02 03 04 05 06 07 08 EL = 37.50' PR O P O S E D B U I L D I N G H E I G H T 65 ' - 0 " SETBACK 10' - 0" (PER SPECIFIC PLAN) TURNAROUND ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION BUILDING SECTIONS A-302 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1/16" = 1'-0" BUILDING SECTION 031 SCALE: 1/16" = 1'-0" BUILDING SECTION_032 1 1 DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =l= CALLISOtQTKL.: 0 0 0 r----------------------- ~ t__ ____ _ ~ ---~ =i -------------------------------------~ --------------------l I I I I ---------~ --,_ -,_ -,_ - --------- I I I I --~I I ----~ I -- I ,_ -I ,_ - I ,_ I I ------------ I I I ----~ --I --I ,_ -,_ -,_ -I ---- ---J -------' ---- --+ I --- ---- 1/ I ,,-1,. V I 0 0 0 0 --------------_J_ T----f------------------------t ------------------------f--------+------------I I I -- --t- ' I I I I I I I I ' I ' ., ~---t -t-- I I I I I~ I I I I I I I I I I I I " I I I I I I I I I -- ---- I I I ~ I I I I " I I I I I I I I I I I ~ ,... • ' it--f in...,-L_ I -~;· - I I I I I I I I I ', II== ,..,. I n ' 41}; '"<"} ""·-' =1 ' < f·-"½, ~-e,-<; ' . } ·-,e; -"'-"'; ' ·. II== ;~c -- --= -, IU;:::1I II II ' I I I ' I ~I BJ-!.!__-J ...:;11m '~-_!_' l~87 ~n-!I , ll~~~TII, I 1c1~~f I . Ii ·"',-1-=1=11=1 11=1=11= l::::Jll::::Jl=II= l:::lll::::JI= II= l:::lll::::JI= II= l=l l::::Jll=II= I= l::::Jll=III= I l:::lll:::111= I= l:::lll:::111= I= l=l 1=11=11= l=l 1=11=11= I= 1=11=11= I= l:::11=11= 1=11=1 =11=11= l=I =11=11= l=I =11=11= l=I =II II= 1=11=1 =1=11::::J U -11-11::::J U _11_1u I I _11_1u U UI 1_111::::J UI _11_111::::J Ul-11 lll:::I Ul-ll t=lll:::-' =ll=lll=tlJ=ll=ll=ll=l l::::Jll=ll=ll=l l:::111=11=11~1 l:::lll=ll=ll=l l:::11=11=11= l=l l=lll=ll=P=l l:::111=11= l:::l l:::11=11= l=l l=I =11=11= l:::I =111=11~ l:::I =111=11= l:::I =111=11= l=I =I =11~11::::J =I =111=11::::J =I =111=11::::J =I =~=11::::J l=I =I =11::::Jll::::J =11=111::::J l::::J =ll=lll=lll::::Jl=I =111=1 l::::J l=ll=~=lll::::J l::::J =ll=ll::::J l::::J =ll=fl=l l::::J =ll=ll=I -1~11=1 11~1~11~ Wll,,,Jl---,-,-11~ 1,,111,,,JI--,--; II,, 1,,111,,,JI--,--; II,, l"I Wll--,--;II,, I, 1,-,JlliTilll,, I, l,,Jllrrilll--,; I, l,,Jll,,-111---,-; I, 11 11-11-11-U 1-11-11-1-1-11-11-1-Lll-11-U U -11-11-U -11-11-U -11-11-U -11-11-U U -1-ILI U -11-ILI U -11-11-1 U -11-11-1 U 1-11-1-IILI 1-11-11-IILI 1-11-11-IILI 1-11-11-IIL 11 11 I I 111 11 I I 111 11 I I Ill II I I I II II I I Ill II I I Ill II I I Ill II 11 I I II Ill I II Ill 11 I II Ill Ill I I Ill 11 11 II II Ill 11 I II II 11 I II II 11 I II II LEVEL 01 37' -6" LEVEL 02 53' -6" LEVEL 03 65' -6" LEVEL 04 76' -6" LEVEL 05 89' -6" ROOF 102' -6" LEVEL B1 25' -6" ELEV. PIT PARKING PARKINGPARKING SIDEWALK LANDSCAPE WARNER AVE. 13 ' - 0 " 13 ' - 0 " 11 ' - 0 " 12 ' - 0 " 15 ' - 9 " 12 ' - 0 " 64 ' - 9 " SE T B A C K L I N E PR O P E R T Y L I N E DATUM: HIGHEST POINT OF CURB ALONG THE FRONT P/L EL= 38.286' EXCEPTION TO HEIGHT LIMIT FOR PARAPET WALLS EXCEPTION TO HEIGHT LIMIT FOR MECHL. APPURTENANCES PER SPECIFIC PLAN 9" 64 ' - 3 " 4' - 0 " 10 ' - 0 " RE F E R T O 2 / A -30 3 F O R C O N T I N U A T I O N LOUNGE #2TOILETTOILETLOUNGE MAIL PACKAGEOFFICE LOBBY DISCOVERY MC UNITMC UNITMC UNITMC UNIT MC LOBBYAL UNIT AL UNIT IL LOBBY IL UNIT IL UNIT IL UNITCORR. IL LOBBY IL UNIT IL UNIT IL UNIT TLT.TLT.IL LOBBY IL UNIT IL UNIT IL UNITIL UNIT IL UNIT 08 09 10 11 12 13 14 15 16 17 PR O P O S E D B U I L D I N G H E I G H T 65 ' - 0 " SETBACK 10' - 0" (PER SPECIFIC PLAN) LEVEL 01 37' -6" LEVEL 02 53' -6" LEVEL 03 65' -6" LEVEL 04 76' -6" LEVEL 05 89' -6" ROOF 102' -6" LEVEL B1 25' -6" RAMP PARKING PARKING PARKING AL UNIT AL UNIT BREEZE WAY LANDSCAPEFIRE ACCESS ROAD PROPERTY LINE BREEZE WAY 13 ' - 0 " 13 ' - 0 " 11 ' - 0 " 12 ' - 0 " 16 ' - 0 " 12 ' - 0 " AL UNIT AL UNIT AL UNIT AL UNIT AL UNIT AL UNIT IL UNITIL UNITIL UNITIL UNITIL UNITIL UNIT IL UNITIL UNITIL UNITIL UNITIL UNITIL UNIT IL UNIT IL UNIT IL UNIT ROOF RE F E R T O 1 / A -30 3 F O R C O N T I N U A T I O N EL = 37.50' 64 ' - 3 " 9" DATUM: HIGHEST POINT OF CURB ALONG THE FRONT P/L EL= 38.286' EXCEPTION TO HEIGHT LIMIT FOR PARAPET WALLS EXCEPTION TO HEIGHT LIMIT FOR MECHL. APPURTENANCES SPECIFIC PLAN 8' - 0 " 8 FT. HIGH MASONRY WALL 64 ' - 9 " 4' - 0 " 10 ' - 0 " LINE OF ROOF EQUIPMENT SCREEN THEATRE OFFICESTAIR 01 02 03 04 05 06 07 08 EL = 102.50' PR O P O S E D B U I L D I N G H E I G H T 65 ' - 0 " SETBACK LINE SETBACK 10' - 0" (PER SPECIFIC PLAN) ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION BUILDING SECTIONS A-303 H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. SCALE: 1/16" = 1'-0" BUILDING SECTION 041 SCALE: 1/16" = 1'-0" BUILDING SECTION_042 1 1 DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL 10-15-21 1 CUP RESUBMITTAL 10-31-22 =lQ ,,l,. -, 0 0 ' ' I I t' --------' I.- r I I 1~ 0 n n I II II -~ ~ -~ I -- -- -~ -- I -------;-------------------------------1 __/_------+----~--------~-----------7 : I I I ~ ~ ~ ' ·, . 1 . " ' I I - I I - ' I I ' I I ~ I / I ' r II ~1 _____________ ---------------------------------------------------------------------------------------------------------------- ,---------------i--------.--====1===1,------------------------------ I ' I I I I I n '· II I I -------------i------------------------------------------i------------------ I I I I I I r 7 71 I I/ / '· ·,■ I I I I I I I ' I ,_ ' -+-- I I ' -':---- --t - - - CALLISOtQTKL.: GRI L L GRI L L UP UP DN B O L S A C H I C A R O A D W A R N E R A V E N U E C/L C/L LOUNGE DINING CLUB ROOM DINING LOUNGE PDR WN SV TOILET TOILET OFFICE DISC SALON + SPA L L LOUNGE LOBBY GEN TRANS STAFF TOILET TOILET TOILET TOILET KITCHEN WH FITNESS HYDRATION OFFICE STUDIO TRASH MAIL PACKAGE 2B 2B 2B 2B 1B 2B 2B 2B 1B 2B THEATREFOYER T STOR AV EL LV RAMP LOADING 36" 36" 36" 36" 36" 36"36"36" 36" 36" 36" 36" 36" 36" PROPOSED PLANT PALETTE TREES SYMBOL BOTANICAL NAME COMMON NAME PHOENIX DACTYLIFERA 'MEDJOOL'MEDJOOL DATE PALM LOPHOSTEMON CONFERTUS BRISBANE BOX OLEA EUROPEA 'SWAN HILL' SWAN HILL OLIVE SCHEFFLERA T. 'YUAN SHAN' SCHEFFLERA FICUS NITIDA 'COLUMN'INDIAN LAUREL FOREGROUND SHRUBS, GRASSES, & GROUNDCOVERS SYMBOL BOTANICAL NAME COMMON NAME AGAVE 'BLUE FLAME'BLUE FLAME AGAVE ALOE 'BLUE ELF'BLUE ELF ALOE ASPARAGUS DENSIFLORUS 'MYERS'MYER'S ASPARAGUS CALANDRINIA SPECTABILIS ROCK PURSLANE CAREX DIVULSA BERKELEY SEDGE DIANELLA 'CASSA BLUE'CASSA BLUE FLAX LILY HESPERALOE 'BRAKELIGHTS' BRAKELIGHTS YUCCA LOMANDRA LONGIFOLIA 'BREEZE'DWARF MAT RUSH SESLERIA AUTUMNALIS 'GREENLEE' GREENLEE AUTUMN MOOR GRASS TEUCRIUM CHAMAEDRYS GERMANDER MIDGROUND SHRUBS, GRASSES & GROUNDCOVERS DIANELLA T. 'VARIEGATA'VARIEGATED FLAX LILY LANTANA 'NEW GOLD'NEW GOLD LANTANA MUHLENBERGIA E. 'EL TORO' BULL GRASS PITTOSPORUM CRASSIFOLIUM 'NANA'DWARF KARO RHAPHIOLEPIS UMBELLATA YEDDO HAWTHORN STRELITZIA REGINAE BIRD OF PARADISE WESTRINGIN F. 'MUNDI'MUNDI COAST ROSEMARY BACKGROUND SHRUBS OLEA X 'MONTRA'LITTLE OLLIE STRELITZIA NICOLAI GIANT BIRD OF PARADISE WESTRINGIA 'WYNYABBIE GEM'WYNYABBIE GEM COAST ROSEMARY XYLOSMA CONGESTUM XYLOSMA MEMORY CARE GARDEN ASPARAGUS DENSIFLORUS 'MYERS'FOXTAIL FERN ASPLENIUM BULBIFERUM HEN AND CHICKEN FERN BOUGAINVILLEA 'LA JOLLA' RED BOUGAINVILLEA BUXUS MICROPHYLLA JAPONICA JAPANESE BOXWOOD CALLIANDRA HAEMATOCEPHALA RED POWDER PUFF CAMPANULA PORTENSCHLAGIANA DALMATION BELLFLOWER CLIVIA MINIATA KAFFIR LILY COPROSMA KIRKII KIRK'S COPROSMA DIANELLA CAERULEA 'CASSA BLUE'CASSA BLUE FLAX LILY DIANELLA TASMANICA 'VARIEGATA'VARIEGATED FLAX LILY GREVILLEA NOELLII NOEL'S GREVILLEA MYOPORUM PARVIFOLIUM 'PINK'PINK GROUNDCOVER MYOPORUM MYRTUS COMMUNIS COMMON MYRTLE PODOCARPUS ELONGATUS 'MONMAL'ICEE BLUE YELLOWWOOD ROSA 'ICEBERG'WHITE ICEBERG SHRUB ROSE ROSA X 'NOARE'FLOWER CARPET ROSE 'RED' ROSA X 'NOASCHNEE'FLOWER CARPET ROSE 'WHITE' SANSEVIERIA TRIFASCIATA SNAKE PLANT THYMUS PRAECOX CREEPING THYME LANDSCAPE CALCULATIONS 8% MINIMUM LANDSCAPE REQUIRED: 122,405 S.F. X .08 = 9,793 S.F. TOTAL ONSITE LANDSCAPE AREA: 17,300 S.F. ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION H U N T I N G T O N B E A C H S E N I O R L I V I N G CUP SUBMITTAL CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE ENTITLEMENT SUBMITTAL 10-14-2022 1 LEGEND ENHANCED PAVING AT ARRIVAL FOUNTAIN AT ARRIVAL COURT PATIO AT BLU NOTE FOUNTAIN AT COURTYARD OLIVE TREES WITH ENHANCED PAVING AND OUTDOOR DINING STRING LIGHTS AT COURTYARD COVERED OUTDOOR SEATING GLASS POOL ENCLOSURE FENCE 12' EVERGREEN HEDGE SWIMMING POOL BBQ AND SHADE STRUCTURE CABANA AT POOL ARTIFICIAL TURF AT FITNESS LAWN DOG PARK PRIVATE PATIOS TURF BLOCK AT EVA (SEE SHEET L2.1) EMERGENCY ONLY VEHICULAR GATE 2 3 5 6 7 8 9 10 PRELIMINARY LANDSCAPE PLAN L1.1 SCALE: 1" = 30'-0" PRELIMINARY LANDSCAPE PLAN1 1 4 5 2 4 10 7 8 3 12 11 FOR ENLARGEMENT OF THIS AREA, SEE SHEET L2.2 FOR ENLARGEMENT OF THIS AREA, SEE SHEET L2.1 11 9 12 13 14 15 16 17 1716 15 14 13 6 618 0 0 0 0 o 0 o 0 o¾0 00-o 0 0 0 0 0 0 0 O Q O'"O-O_Qe 0 0 0 --,----~ 0 CALLISO~TKL I 8841 RESEARCH DR SUITE 200 IRVINE• (A 92618 949.387.1323 RIDGELA.COM ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION H U N T I N G T O N B E A C H S E N I O R L I V I N G CUP SUBMITTAL CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE ENTITLEMENT SUBMITTAL 10-14-2022 TURF BLOCK SPECIFICATIONS L2.1 1 10-31-22ENTITLEMENT RESUBMITTAL 619 A flexible porous pavi ng an d drai'n.age system for grass pave fire lanes , rei 1nfo rced t urf paving an d swa les. Wilh over 400 insta llations across lhe country Al r Pave for grass pave 1is 233 psi unfiill'ed, 6,74 7 p s i sand fi l led a ndl is nnade of 100% recycled content w h ich can contr ib ute to LEEDrn po ints . A irPave always slh ips w it h enough for 2 layers of the guaranteed ana lys is ferti l'izer needed . Orne for the sub base to be worked in be f ore compaction and watered . An d t he ot he r to lbe added on top of the sand fi lled g ri d and watered in lbelo re the tulf grass i s i nstallle d .. We believe if done proper ly it w i ll set up the project for the best possible resu lt AirPave can save the owner iup to -$0 .80 per sq uare foot or mo ,re ov,er our nearest competito rs. CS! Master Format Sections.: 32 12 43 -Porou i; Fl lexi!>le Paving 32 14 33 -Plastic Paviing 32 14 4 3 •Porous Un it Paving 32 92 00 -Turfs and Grasses Guar1:1n(-eed Analysis 5;i n dy Gr-.ave l >'ul b b ~:.e (s ee s.p ec] Bernefits o f a n AiriPave grass paving syst.em include : Cl ~,;r, 5h al"P.'5a nd Fll l~c:ell C onc:re1@ S1n..ictu•al Deck • A 40% o r mo re material cost savi ngs ove r most competttors 6 ,747psi = 971 ,568psf Strong enough for F ire E ng ines weigh i ng mo re than 85,000 lbs. Exceedi ng H-20 & H-25 AASHTO requirements • Up to 45% cost sav ings o n sh ippi n g, compared wilh rol led gr ass pavi ng systems • 2 Layers of Sustane Ferrtiilizetr with a guaranteed analys is • Ai rP ave has b een i nstal led in ove r 400 fl ex,ible porous pavitng projects • Ai rP ave is made w ilh 100% re-cyc led copolym er polypropy11ene plasli c w ith a n iim pact modlifie1 add'ed lo, achieve a (NO -BR EAK), plastic s classification and a min i mum 3% ca r bon black added fo r UV protaction. • Load ing capabiliity is equal to 233 psi emply and 6,747 psli when f illed wit h cl,ean sharp sand, over an a p propria te base dept h that prrovldes adequate su ,pport for proj ect design leads exceed ing H,2 0 & H-25 rrequi rre m e•nts . · • Ai rP ave is shipped on palllets w ith 114 parts equal 10 798 sq . ft per pallet. Each part is 32 "x32"x 1", weighs 3.10 IIIJs and is 8% solid. ~Thl.s 1Jn"'i r1g. ~peclfk;i.t ion3 ;:;iac.1 .:Ilia: it1:fo:rm;i.t[o;D ,;;:i:i-nMnNJ;i.:c-e!n 1R (01 gt1ne:~ prtiii.:11l~tlon pu.tpos.t~ ~nl y. All llna l cir.awlnSR an J. l~ym1ti ~fwuJib~ dc:termln-e:d by :i lii~nscdl ~nginet::r{s ). l-l!f il'lil;;J!}~ ~ ~ 3 ~ Out5ridl 0:1~ Pj r~ "'ith. Clear.,. Shi!li-p sani!I Ai r fi';:w;;;:,.. ·~ Fl.ll!lood Cctn-Qflltc C Uti:i'rlg1 ~ 5fl Con G!"cto. Glmlt111 Fitror -ooi; (1JjiDfli1 1!11) Ol lY(p,a;: te:11 Si!ITl:i!I ~ r,3\-~ I ( r;:i,.,jl lfil ~~ CALLISO~TKL I B841 RESEARCH DR SUITE 200 IRVINE • (A 926IB 949.3B7.1323 RIDGELA.COM (R) (R) (R)(R)(R) (R) (R) (R)(R)(R) (R) (R)(R)(R) (R) (R) (R) (R) (R) (R) (R) (R) (R) (R) (R) (R) (R) EXISTING PLANT SCHEDULE TREES SYMBOL BOTANICAL NAME COMMON NAME COMMENTS CUPANIOPSIS ANACARDIOIDES CARROTWOOD -- PYRUS CALLERYANA PYRUS CALLERYANA -- PINUS HALEPENSIS ALEPPO PINE -- WASHINGTONIA ROBUSTA MEXICAN FAN PALM -- NOTE: THE LETTER (E) NEXT TO A TREE SYMBOL INDICATES AN EXISTING TREE TO BE PROTECTED IN PLACE. THE LETTER (R) INDICATES AN EXISTING TREE TO BE REMOVED FROM SITE. ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION H U N T I N G T O N B E A C H S E N I O R L I V I N G CUP SUBMITTAL CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE ENTITLEMENT SUBMITTAL 10-14-2022 TRUE NORTH EXISTING TREE INVENTORY L5.1 SCALE: 1" = 30'-0" EXISTING TREE INVENTORY1 BO L S A C H I C A S T . WARNER AVE. 1 10-31-22ENTITLEMENT RESUBMITTAL 620 Q □ □ □ -_J - ' - \ \ \ ' ~ " ~ ~- ' / ' ::i:, ...-1 _,,/'"-(~)---- -- --7t --------(_}---------<.Jc-------I \I - \ I I I ' \ ", "' \ r, " " □ I □ -\ I " D Q ___ J-' --~ ~ u---,_1_---,--------1---' r' ', '- \ 0 " \ ' -I ~ @) ~ a \ ~ 0 ~ Q □ ~ \ \ \__,J ,, \ /" er c ~ I\\' \ \ f I "v.- er \ \ ' \ \ I ,, " -,' '< ' J (, 1" I 0 ) l I \ 0 J I 0 I 0 ~ ~ \ \ er " ( '////// "' D ' ,,, \.. "' \ ~ 'Z ~ -c ~ ~ ' y """'- ; o D 0 0 ( d r-c::: ~ ~ ~ ' "'- ' ~ S( \ ( \ ""5 L/ l/11 '/ -c - .1!) 1'10 @] □ " I / \ " , "" I I \ \v/ ~~ ~ ""-• ~ ' " -" " " ( --------- -c " \ z ' / a • ) - I I ' I I I I I 111 I 7 I I I , I I 0 0 EB CALLISO~TK[ I B841 RESEARCH DR SUITE 200 IRVINE • (A 926IB 949.3B7.1323 RIDGELA.COM GRI L L GR I L L L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L2 L5 L5 L5 L5 L5 L5 L5 L1 L1 L1 L1 L1 L1 L1 L1 L3 L3 L3 L3 L3 L6 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L4 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L7 L8 L8 L8 L8 L8 L8 L8 L8 L8 L9 L4 L9 L4 L4 ALL PASSAGES WILL BE LIT TO CODE AND DESIGNED AT A LATER DATE. COVERED OUTDOOR SEATING WILL BE LIT TO CODE AND DESIGNED AT A LATER DATE. ALL PASSAGES WILL BE LIT TO CODE AND DESIGNED AT A LATER DATE. L4 L4 L4 L4 L4 L4 L4 L4 L5 L5 L5 L5 L4 L4 L10 L10 L10 L8 L8 L4 L4 L9 L10 L8 POOL FI R E A C C E S S R O A D TURNAROUND L8 TURNAROUND FIRE ACCESS ROAD RAMP DN. TO BASEMENT COURTYARD COURTYARD ENTRY EXIT L8 L8 L8 L6 L6 L8 L8 PORTE COCHERE GENERAL SITE PLAN NOTES 1. ALL DEVICE LOCATIONS WILL BE COORDINATED WITH ARCHITECTURAL AND LANDSCAPE PLANS. 2. LIGHT FIXTURES INTENDED TO ILLUMINATE PUBLIC PATHWAYS SHALL BE DESIGNED BY THE CIVIL ENGINEER. APPLICABLE CODES / STANDARDS • 2022 CALIFORNIA ELECTRICAL CODE (CEC) • 2021 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) OUTDOOR LIGHTING DESIGN INTENT 1. ALL FACADE AND DECORATIVE LIGHTING SHALL BE DESIGNED AT A LATER DATE. FIXTURE LOCATIONS SHOWN ARE INTENDED TO BE PRELIMINARY IN NATURE. 2. FIXTURE SELECTIONS SHOWN ARE PROVIDED AS A BASIS OF DESIGN (SELECTIONS ARE NOT FINAL). 3. ALL EXTERIOR LIGHTING INTENDED TO BE LED. 4. ALL FIXTURE SELECTIONS SHALL BE DIMMABLE. 5. ALL EXTERIOR LIGHTING SHALL BE ROUTED THROUGH AN ASTRONOMICAL TIME CLOCK AND / OR PHOTOCELL. 6. PATHWAY LIGHTING SHALL BE KEPT LOW TO THE GROUND, AND SHALL PROVIDE ADEQUATE ILLUMINATION FOR GENERAL SAFETY OF THE RESIDENTS. 7. EGRESS PATHWAYS AND EXIT DOORS SHALL BE PROVIDED WITH EMERGENCY BACK-UP, AND SHALL FOLLOW THE DESIGNATED EXIT PLAN. engineering consultants 200 W. Monroe Street | Suite 1750 | Chicago, IL 60606 T: 312.216.0501 | www.rtmec.com H U N T I N G T O N B E A C H S E N I O R L I V I N G ENTITLEMENTS CallisonRTKL Inc. 333 S HOPE ST C-200 LOS ANGELES, CA 90071 PHONE - 213.333.6000 CRTKL PROJECT NO. - 040-210023.00 © 2022 CallisonRTKL Inc. DRAWING ISSUE LOG REV DESCRIPTION DATE CUP SUBMITTAL REVISION 10-31-22 ISSUE DRAWING LOG SIGNATURE & SEAL NOT FOR CONSTRUCTION E-200 ELECTRICAL SITE LIGHTING PLAN 1/32" = 1'-0" 1 PRLIMINARY ELECTRICAL SITE LIGHTING PLAN LIGHTING FIXTURE SCHEDULE TAG DESCRIPTION TYPE SPECIFIED FIXTURE OPTIONSMANUFACTURERMODEL NO. L1 PALM UPLIGHT / DOWNLIGHT LED LiGMAN LIGHTING UOD SERIES (ODESSA)PROVIDE WITH TREE STRAP L2 TREE UPLIGHT LED LiGMAN LIGHTING UOD SERIES (ODESSA)FIXED BASE L3 WALL SCONCE LED LiGMAN LIGHTING UVA SERIES (VANCOUVER) L4 RECESSED WALL LIGHT LED FCS OUTDOOR LIGHTING FCSL595 SERIES L5 FESTOON LIGHTS LED SPJ LIGHTING FOREVER BRIGHT FESTIVAL FLEX GLOBES L6 TRELLIS DOWNLIGHT LED LiGMAN LIGHTING UJE SERIES (JET)WALL OR CEILING MOUNT L7 ENTRANCE CANOPY DOWNLIGHT LED LiGMAN LIGHTING UNI SERIES (NIKON) L8 EGRESS DOOR LIGHT LED LiGMAN LIGHTING UGN SERIES (GINI) L9 BOLLARDS LED LiGMAN LIGHTING UMC SERIES (MACARON) L10 TRUCK ENTRANCE FIXTURE LED LiGMAN LIGHTING UAN SERIES (ANESTI) 0 32 64168 1/32"=1'-0" N L1: PALM LIGHT UPLIGHT / DOWNLIGHT L2: TREE UPLIGHT MANUFACTURER:LiGMAN LIGHTING MODEL NUMBER:UOD SERIES WITH TREESTRAP (ODESSA) L3: WALL SCONCE MANUFACTURER:LiGMAN LIGHTING MODEL NUMBER:UVA SERIES (VANCOUVER) L4: RECESSED WALL LIGHT MANUFACTURER:FCS OUTDOOR LIGHTING MODEL NUMBER:FCSL595 SERIES L5: FESTOON LIGHTS MANUFACTURER:SPJ LIGHTING INC. MODEL NUMBER:FESTIVAL GLOBES L6: TRELLIS DOWNLIGHT MANUFACTURER:LiGMAN LIGHTING MODEL NUMBER:UJE SERIES (JET) L7: ENTRANCE CANOPY DOWNLIGHT MANUFACTURER: LiGMAN LIGHTING MODEL NUMBER:UNI SERIES (NIKON) L8: EGRESS DOOR LIGHT MANUFACTURER:LiGMAN LIGHTING MODEL NUMBER: UGN SERIES (GINI) L9: BOLLARDS MANUFACTURER:LiGMAN LIGHTING MODEL NUMBER:UMC SERIES (MACARON) L10: TRUCK ENTRANCE FIXTURE MANUFACTURER:LiGMAN LIGHTING MODEL NUMBER:UAN SERIES (ANESTI) wch I I " I I f i~ II - 11 I /, • • I · •• j!O tt • I ---_,_ -IH---,---,---,---,+-1 <_:· ~. U _ U .-. (_: ,-. •:_j .---., ,_:-r '11n . r ;_, '-: .:._, ::~: ~-:-: ,~; ~: -•~ ;~ , 0 -· ;_J .-. ;~ :~ -~ :::: = ' • • • 7 • • 7 • • • • • 11!1 !!;,I a • '!1 ~ • • • • ,--""' . n . :-----..ii ,□,, -□,• ,, ~--·--,□, ,□,. -□-----□- >-=-, □ □ i'I ■ I · •• •· F l □ • ◄ l __ _ I--,-J • '-T-, • ~-c;, ;J ·:-.• -:.) •.:-, '.-: i~ ::-:' r ,-. :=• ::: C :~ C ::; C ;: C ;=:· :~:c,:~:u:~:-<:_~ ••• 11 II .• I • • .1 • • .J ±::E I 7 I ·· .. ---J __j I EB . . . . . CALLISO~TKL ~tm 622 CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 TO: Honorable Mayor and City Council Members VIA: Al Zelinka , City Manager FROM: Councilmember Pat Burns DATE: Octob er 5, 202 3 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT NO. 21 -014 (BOLSA CHICA SENIOR LIVING COMMUNITY) I hereby appeal the Planning Commission 's September 26, 2023 approval of Conditional Use Permit No . 2 1-024 for the Bolsa Chica Senior Living project pursuant to Section 248 .18 of the H BZSO . Since the City Council will be reviewing the legislative amendments and environmental impact report associated with the project , the primary reason for my appeal is to enable the City Council to consider the entire project as a whole , which includes the development entitlement (CUP). Pat Burns Coun cil Member X e: Robin Estanislau , City Clerk Ricky Ramos , Inte rim Planning Manager Kim De Coite , Ad ministrat ive Assistant Cathy Fikes, Admin i strative Assistant City Ma n ag er's Office: 7 14 .536.5202 Fax: 7 14.536.5233 623 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk NOTICE OF APPEAL TO CITY COUNCIL Appeal of Planning Commission Decision Date: October 5, 2023 To: Community Development Department City Attorney City Council Office Administration Chair and Planning Commission Public Works Department Filed by: Michael McMahon of Carmel & Naccasha LLP Re: APPEAL OF PLANNING COMMISSION DECISION TO APPROVE CUP NO. 21-024- BOLSA CHICA SENIOR LIVING COMMUNITY Date for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: $4,582.00 Completed by: Tania Moore, Senior Deputy City Clerk IN ORDER TO MEET A 10-DAY PRE-HEARING ADVERTISING DEADLINE, OUR AGENDA SCHEDULE STATES LEGAL NOTICE AND MAILING LABELS MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 18 DAYS PRIOR TO PUBLIC HEARING DATE *FOR ITEMS THAT REQUIRED EXPANDED ADVERTISING, PLEASE CONSULT WITH THE CITY ATTORNEY'S OFFICE Sister City: Anjo, Japan 624 ACCASHA LLP -------ATTORNEYS at LAW - 2023 CCT -5 PH 2: 27 October 4, 2023 mmcmahon@carnaclaw.com Robin Estanislau City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 RE: Conditional Use Permit 21-024 • Bolsa Chica Senior Living Community Dear Ms. Estanislau: Carmel &N accasha, LLP, has been retained by Brian Thienes to submit these preliminary comments objecting to and appealing the approval of the above-referenced Conditional Use Permit (''CUP") by the Plan11ing Commission on September 26, 2023 to the City Council. Mr. Thienes is the owner of certain real property located in the City of Huntington Beach, near the proposed Balsa Chica Senior Living Community located at 4952 and 4972 Warner Avenue, Huntington Beach, CA("Project"). The size, mass, and scale of the Project is entirely inconsistent with the size, scale and character of the surrounding neighborhood and community. Our comments and objections to the CUP and Project are as follows: California law requires that findings in support of land use decisions of this nature be supported by substantial evidence in the administrative record. Below are specific deficiencies in the findings approved by the Planning Commission. Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. SAN LUIS OBISPO OFFICE: 694 S,\NTA ROSA STREET• SAN LUIS OBISPO, CA 93401 • TEL: 805,546.8785 • FAX: 805.546,8015 PASO ROBLES OFFICE: 1908 SPRING STREET• PASO ROBLES, CA 93446 • TEL: 805.226.4148 • FAX: 805.226.4147 WEBSITE ADDRESS: WWW.CARNACLi\ \XI.COM 625 Robin Estanislau Page2of6 Octobet 4, 2023 CARMEL & NACCASHA LLP The findings justifying the foregoing goals and policies are simply conclusory statements, unsupported by substantial evidence in the administrative record, as required by law. The fact is that the Project is not consistent with the overall goals and needs of the community, is not of compatible proportion, scale and character to complement adjoining uses, does not intensify the use or strengthen the roles of architecture, landscaping, site design and development patterns, and will not provide a housing range that meets diverse economic and social needs or maintain and protect the neighborhood character. Housing Element: Goal H1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability. Again, the findings justifying the foregoing goals and policies are simply conclusory statements, unsupported by substantial evidence in the administrative record, as required by law. The Project will not enhance the affordability of existing housing, nor will it provide a site opportunity to develop housing that meets the diverse community needs in terms of housing type and cost. Furthermore, Mr. Thienes objects to the method by which the CUP was approved, specifically consideration of the CUP separately from the General Plan amendment, Zoning Map amendment, and certification of the EIR. If the CUP were unchallenged, the City Council would be robbed of the ability to modify the findings and conditions while considering the legislative amendments and certification of the EIR. Since no conditions can be placed on legislative amendments, this bifurcated approval method usurps decision making authority that rightly belongs to the City Council. In addition, Mr. Thienes objects to the General Plan amendment to change the land use designation from CG to mixed-use (MU) and objects to the Zoning Map amendment to change the zoning from CG to specific plan (SP). Mr. Thienes also objects to the increase in allowable floor area ratio to 2.5 and to raising the maximum building height to 65 feet. The impact to the environment has not been reasonably assessed and conclusions of the Environmental Impact Report ("EIR") lack support. The Project's inconsistency with the City of Huntington Beach policy and zoning will cause significant physical environmental impacts to Mr. Thienes's neighborhood. Additional comments and concerns regarding the EIR are as follows: Project Impacts The statement "the proposed project would not result in significant and unavoidable adverse impacts to the existing environmental setting" lacks factual support. The Project would create a precedent for future development, and the EIR does not consider that the approval of the Project will pave the road for future similar developments in the area. The effects of allowing 626 Robin Estanislau Page 3of6 October 4, 2023 CARMEL & NACCASHA LLP a specific plan to subvert zoning regulations would lead to increased interest in developing surrounding projects of a similar nature. The Project needs to study the long-term cumulative impact ofincreasing the code-required maximum density, the lack of code-required parking, and the effect on the adjoining neighborhood and their ability to absorb the street parking that would result from the deficiency of the required parking. The EIR should also study the long-term effects of the sewer capacity and water capacity of the surrounding existing development of similar nature that could be redeveloped if the Planning Commission's approval of the Project stands. The EIR failed to provide a sewer capacity and water capacity study. Alternatives An alternate project could be proposed that complies with the existing zoning that is also consistent with the surrounding community. Also lacking support is the conclusion that "the no project alternative would result in greater environmental impacts to air quality and transportation to the surrounding circulation system due to the greater number of vehicle trips to and from the project site." Zoning similar to the adjacent properties would actually result in less impact than the proposed Project but would still achieve the goal of providing senior housing. Aesthetics -Height The conclusion that "the proposed project would not conflict with relevant goals and policies in terms of preserving the visual quality in the city," is also completely unsupported. The City has developed zoning standards which do not allow for a 65-foot-high building structure. The building structure would tower over the existing residences which are only two stories tall. The proposed structure is not compatible in proportion, scale, or character to the adjoining uses. Land Use and Planning The Project would cause significant environmental impacts due to the conflict with the existing land use plan. Upholding the Planning Commission's approval of this Project would lead to approval of multiple projects in the area which would have a massive cumulative impacts on the community, including aesthetics, traffic, noise, solar access, wind access, and impacts to the infrastructure, such as water and sewer capacities and street parking. The Project is inconsistent with the City's established development standards, which were applied to the surrounding infrastructure. The surrounding infrastructure was not designed to handle the proposed densities. The overall impact to the surrounding community would be far from 'less than significant' when the cumulative effect of future developments similar to the proposed Project is considered. Utilities and Service Systems -Energy The statement that "the proposed project would have less than significant impacts associated with electric power and natural gas" is wholly unsupported. The cumulative effect of approving this Project would lead to similar developments in the area, which would have a major impact to the available electricity and natural gas. The existing infrastructure is not sufficient for the bulk, density, and mass of the proposed development. Approval of this Project would cause 627 Robin Estanislau Page 4 of 6 October 4, 2023 CARMEL & NACCASHA LLP additional projects of a similar nature that would have a cumulative effect on the availability of electricity and natural gas. Aesthetics -Light The conclusion that the Project will ''not create a source of substantial light or glare" similarly lacks evidentiary support. Security and patio lighting on the 5th floor would be seen from the entire neighborhood. Nothing in the EIR evaluated the lighting spillover into the wetlands that requires dark sky. If the Brightwater development respects the dark sky requirements of the Balsa Chica Ecological Preserve, this Project must address the impact to the Bolsa Chica Ecological Preserve. The proposed building elevations in the EIR appear to show exterior lighting fixtures that are not properly shielded. The Project as approved cannot provide adequate lighting for the patio areas and still shield all of the light spillover into the surrounding neighborhood and wetlands. Hydrology and Water Quality Bolsa Chica Street and Warner Avenue lack sufficient storm drain facilities to capture runoff from the east that flows to the intersection of Bolsa Chica Street and Dunbar Drive, and as a result this intersection experiences flooding during normal rain events. The adjacent existing parking lot serves as an incidental detention basin and helps protect the surrounding properties. The EIR fails to analyze and address the effect of construction over the parking lot, which would reduce the available ponding space and could cause flooding on adjacent properties. This Project will increase the depth of flooding at the intersection of Balsa Chica Street and Dunbar Drive. Recreation Also lacking support is the statement "the proposed project does not include recreational facilities nor require the construction or expensing of recreational facilities that would result in a significant adverse physical effect to the environment, therefore project related impacts with respect to recreation are not evaluated further in this draft EIR." The proposed Project is significantly under-parked according to existing zoning. The City of Huntington Beach has established parking standards that eliminate the need for street parking. If developed, this Project would cause excessive street parkingthat would inhibit access to the trail system. Parking is already in short supply for people visiting the Bolsa Chica wetlands, and this project would severely impact the available street parking leading to the trailhead at the southerly terminus of Bolsa Chica Street. The Project only considers parking spaces for the residential units and fails to address the required parking spaces for the estimated 110 employees who will work at the proposed multiple restaurants, wellness centers, and studio spaces. We can assume 62 units parked at a ratio of 0.65 spaces per unit when no mechanism is in place to control whether a unit is assisted living or normal senior housing. The parking should be evaluated as worst-case senior housing and a separate calculation added for the multiple restaurant-style dining venues, wellness centers, and studio spaces. Due to the lack of parking, this development does not support the protection and maintenance of environmental open-space resources. The lack of on- site parking will severely limit access to the Bolsa Chica trail system. 628 ' ' Robin Estanislau Page 5 of6 October 4, 2023 Utilities and Service Systems -Wastewater CARMEL & NACCASHA LLP Additionally unsupported is the statement "therefore, impacts related to the construction of wastewater treatment or collection facilities would be less than significant." Recently the Orange County Sanitation District upgraded the sewer force mains and lift stations throughout the City. These systems should have been designed to comply with the existing zoning and did not consider the increased density this Project carries. This Project should consider the cumulative effect of increasing the density of existing sites within the vicinity to verify that additional sewer capacity is available to serve this site and future developments of this nature. The EIR failed to provide an adequate sewer and water capacity study. Project Impacts We dispute the statement that "given the current visual quality of the project site, implementation of the proposed project consistent with the development standards and design guidelines specified in the specific plan would promote a cohesive community identity and enhance the visual quality of the project site to viewers on an off-site." Increasing the maximum height of the building to 65 feet would block the skyline view from the public way. The open sky view at the corner of Bolsa Chica Street and Warner Avenue would be forever impacted by replacing it with a massive residential structure and destroying public view of the sky would have a negative impact on the community. Staff incorrectly concludes "therefore, implementation of the proposed project would not result in significant shade or shadow impacts to nearby residential uses." The shade and shadow study prepared by CRTKL is seriously flawed; a 65-foot-tall structure will cast a shadow in the easterly and westerly directions during sunrise and sunset during the spring and fall equinox; however, only the winter solstice was studied. This study proposes a shadow less than the building height. A study of the spring and fall equinox would prove expansive shadows would be cast on the residential properties to the east and west of the proposed development. Cumulative Impacts Approval of the General Plan amendment and Zoning amendment would not "render the proposed project consistent with the city's establish development standards and no mitigation would be required." The existing zoning has been in place for years and has been relied upon by the residents to protect the integrity of the community. Allowing the General Plan amendment and the Zoning Map amendment to change the zoning from CG to Specific Plan would cause long-term environmental impacts to the community. If this Project is built a landslide of similar developments will forever change the character and density of the community, as evidenced by the recent development at Bella Terra and downtown Huntington Beach. This Project must evaluate the cumulative impacts of all sites of similar nature that would be subject to redevelopment. This Project is not compatible with the long-term established development standards in the area. Air Quality The EIR failed to study air quality in the vicinity of the Project and used air quality data from Anaheim, California, which is approximately ten miles from the proposed development. 629 Robin Estanislau Page 6 of6 October 4, 2023 CARMEL & NACCASHA LLP As stated in the initial study, "occupants of facilities such as schools, daycare centers, parks and playgrounds, hospitals and nursing and convalescent homes are considered to be more sensitive than the general public to air pollutants because these population groups have increased susceptibility to respiratory disease.,, The air quality study fails to consider the proposed development and the residents who will be living in the proposed development. Balsa Chica Street and Warner Avenue are both three-lane major highways that produce a significant amount of emissions. The study should consider the effect of these emissions on the people who will be living in the proposed development. As stated in the EIR, "Air pollutant exposures and their associated health burdens vary considerably within places in relation to sources of air pollution. Motor vehicle traffic is perhaps the most important source of intra-urban spatial variation in air pollution concentration." Obviously, this site is not suitable for senior housing due to the proximity of the high-volume roadways. Table 4.7.B: Gen. plan consistency analysis ERC-A We disagree with the statement "these recreational and open-space elements would be for private use by residents and not open to the public but are anticipated to reduce the strain on surrounding parks and open spaces as residents would be more likely to use the on-site facilities." The proposed Project does nothing to maintain the current Park per capita ratio of 5.0 acres per 1,000 persons, as the proposed development does not include any public open space for parks. In conclusion and for the foregoing reasons, we urge the Huntington Beach City Council to uphold the appeal of the CUP and deny approval of the Project unless and until the issues identified in this letter have been resolved satisfactorily. MMM/lmh Sincerely, CARMEL & NACCASHA LLP m1.,c..,fuul m. me,, ma1t.o-n.. Michael McMahon 630 August 11, 2023 Department of Planning and Building City of Huntington Beach 2000 Main Street- 3rd Floor Huntington Beach, California 92648 RE: 4952 & 4972 Warner Avenue Senior Housing Community Consideration Clearwater Living & Hines On behalf of Clearwater Living, Hines, and the entire 4952 & 4972 Warner Avenue project team, we are pleased to present the following Senior Housing project for the City’s Consideration. Over the past several months our team has been diligently working to create a world class senior housing community for the City of Huntington Beach. The early collaboration efforts with staff have been extremely helpful to navigate various constraints, which has led to a refined site plan that we are excited to reveal to the City. As you will see, the project has been reduced in scale and the footprint has shifted. The project now includes an anticipated maximum of 215 total units, consisting of approximately 125 Independent Living units, 62 Assisted Living units and 28 Memory Care units (though this is a preliminary and conceptual breakdown). The project’s total floor area is approximately 298,000 gross square feet, and approximately 289,000 gross square feet excluding the subterranean parking garage. In order to develop this Senior Housing project, we will need to apply for a Conditional Use Permit to: (1) include a license from the Alcoholic Beverage Control (ABC); (2) allow for a grade differential above three feet prior to rough grading; and (3) excavate 55,000 cubic yards of soil. In addition, we will be seeking a General Plan Amendment to change the land use designation from Commercial General to Mixed-Use, a Zoning Map Amendment to change the zoning designation from Commercial General to Specific Plan , and a Zoning Text Amendment to establish a new Specific Plan over the subject site. This building will be licensed by the California Department of Social Services, as a Residential Care Facility for the Elderly (RCFE). We will be providing services to our residents 24 hours a day, 7 days a week. This building will be unique in the fact that the entire building will be licensed allowing residents to age in place and receive assistance with the activities of daily living (ADL). As part of Clearwater’s first-class programs, amenities are anticipated to include (but are not limited to): multiple restaurant style dining venues, fitness and wellness center, salon and studio spaces, theater, art room, golf simulator, and multi-purpose spaces, along with a full transportation program and other spaces and uses. Outdoor spaces are anticipated to include (but are not limited to): a secured memory garden, pool, dog park, and meditation spaces, among other spaces and uses. 631 CLEARWATER LIVING Hines In addition to our daily programming, Clearwater is exploring collaboration and partnerships with local businesses, including Goldenwest College and the Huntington Beach Senior Center, to create local experiences that will be unique to Huntington Beach. Once the building is at full occupancy, the community is expected to employ approximately 110 full time employees. We believe this type of project aligns well with the surrounding uses. To the North and Northeast of the site are retail uses including Walgreens and CVS Pharmacy. To the West of the site, separated by a driving lane and parking, is Monticello Apartments. On the East side, separated by Bolsa Chica, is a retail building and residential homes. Finally, on the south of the site, separated by a 20’ driving lane, is a commercial building. Again, our team is excited to have an opportunity to develop in the City of Huntington Beach and we look forward to receiving your comments. We have also included, as a separate attachment, an Environmental Assessment Form but please note that a few of the studies are still in progress. As you begin your initial review, please let us know if there are any studies that are needed and we will get them completed as soon as possible. Should you have any additional questions, or need any additional information related to the operations, please don’t hesitate to contact our team at (714) 797-4186. Sincerely, Tom Lawless Senior Director of Development Hines, LLC. 632 62336488.v4 November 1, 2023 Mayor Strickland and Councilmembers City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Response to Brian Thienes Appeal of Huntington Beach Planning Commission (“Planning Commission” or “Commission”) Approval of Conditional Use Permit (”CUP”) No. 21-024 for Hines / Clearwater Bolsa Chica Senior Living Community Dear Mayor Strickland and Councilmembers: Our firm represents Hines / Clearwater with respect to the environmental clearance and land use approvals for the Bolsa Chica Senior Living Community proposed for the southwest corner of Warner and Bolsa Chica in Huntington Beach (the “Project”). This letter responds to the appeal of CUP No. 21-024 filed on October 5, 2023 by Carmel & Naccasha LLP on behalf of Huntington Beach resident Brian Thienes (“Appellant”). Appellant’s Objections to Planning Commission’s 6-1 Approval of the CUP Are Without Merit The Appellant’s letter of October 5 is described as an appeal of the City of Huntington Beach (“City”) Planning Commission’s September 26, 2023 6-1 approval of CUP No. 21-04. The letter also outlines some “additional comments and concerns” regarding the Draft EIR – none of which were raised by the Appellant during either the circulation and public review of the Draft EIR or before the Planning Commission. Appellant’s counsel, Carmel & Naccasha LLP, states vaguely that “California law requires that findings in support of land use decisions of this nature be supported by substantial evidence,” but fails to identify the City’s very specific Zoning Code-required findings for approval of all conditional use permits. City Zoning Code section 241.10 Required Findings, states: An application for a conditional use permit or variance may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted the Planning Commission finds that: ATTORNEYS AT LAW 18101 Von Karman Avenue Suite 1800 Irvine, CA 92612 T 949.833.7800 F 949.833.7878 Robert D. Thornton D 949.477.7600 rthornton@nossaman.com Refer To File # 504144-0001 VIA ELECTRONIC MAIL AND HAND DELIVERY 633 <ii!) NOSSAMAN LLP nossaman.com Mayor Strickland and Council Members City of Huntington Beach November 1, 2023 Page 2 62336488.v4 A. For all Conditional Use Permits: 1. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood; 2. The granting of the conditional use permit will not adversely affect the General Plan; 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 and any specific condition required for the proposed use in the district in which it would be located. The Thienes October 5 appeal letter in its brief, one-page critique of the Planning Commission approval of the CUP not only fails to reference these specific required findings in the aforementioned City Code section 241.10(A), but fails to acknowledge the detailed “Findings for Approval” set forth in Attachment No. 1.4-1.7, adopted by the Commission. The Findings are based on and apply the Commission’s and City Planning staff’s review of facts of the submitted Bolsa Chica Senior Living Community applications, plans, materials and applicant and community testimony presented prior to and at the September 26 hearing as required by City Code section 241.10(A) (Exhibit 1 – incorporated by reference). In addition, the Planning Commission held a Study Session focused on the Project on August 22, 2023. The Thienes appeal letter ironically provides only two paragraphs of negative conclusory statements without acknowledging the very detailed substantial evidence not only set forth in Attachment No. 1.4-1.7 referenced above, but provided in the detailed project and land use entitlement applications, including the Specific Plan, the Draft EIR, and included or referenced technical studies provided in the EIR, and the testimony of Hines and Clearwater and senior community representatives contained in the record of the Commission’s September 26, 2023 public hearing. This testimony included unrefuted statistical information and data on the rising need to provide for additional senior housing in Huntington Beach, and throughout California. The Land Use Element goals and policies cited by the Appellant are only a partial, selected list of the goals and policies of the Land Use Element. In contrast the Planning Commission adopted findings apply specific facts in support of those findings that demonstrate consistency not only with the few goals and policies listed by Appellant, but consistency with a broader range of goals and policies within the General Plan Land Use, Housing and Noise Element. One of several Commission-adopted findings directly countering Appellant’s assertion that “the Project will not enhance the affordability of existing housing . . . or an opportunity to develop housing that meets diverse community needs” is the following (Attachment No. 1.7): The proposed senior living community would add 202 units of senior living capacity in a facility that includes on-site amenities for residents including recreational areas, exercise areas, dining and entertainment options that reduce the need for residents to travel off-site. Additionally, multiple nearby commercial businesses are within walking distance of the project site, and for those services that aren’t van services would be provided to residents to 634 Mayor Strickland and Council Members City of Huntington Beach November 1, 2023 Page 3 62336488.v4 access additional adjacent commercial uses, including restaurants, medical offices, and pharmacies. By providing a more comprehensive senior living project with independent living, assisted living and memory care, and an internal array of recreational amenities and open space, dining and entertainment options, the Bolsa Chica Senior Living Community is exactly the type of development that meets diverse community needs within the 3.10 acre mixed-use Specific Plan site, and at a location near services and transit that also will promote walkability, as intended in the City’s adopted Housing Element. Moreover, as City Planning staff and/or City Attorney will confirm, a project need not be consistent with every General Plan policy. The law regarding general plan consistency is well-established: a finding of consistency requires only that the proposed project be “compatible with the objectives, policies, general land uses, and programs specified in the applicable plan. (San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal. App.4th 656, 678.) The City need only demonstrate the Project here is in “harmony” with the policies of the General Plan. (Sequoia Hills Homeowner’s Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 719 [“Once a general plan is in place, it is the province of elected city officials to examine the specifics of a proposed project to determine whether it would be "in harmony" with the policies stated in the plan. (citing Greenebaum v. City of Los Angeles (1984) 153 Cal.App.3d 391, 406; Save Our Peninsula Committee v. Monterey County Bd. of Supervisors (87 Cal.App.4th 99, 142 ["Because policies in a general plan reflect a range of competing interests, the governmental agency must be allowed to weigh and balance the plan's policies when applying them, and it has broad discretion to construe its policies in light of the plan's purposes. “];.) Old East Davis Neighborhood Association v. City of Davis (2021) 73 Cal. App. 5th 895 is instructive. There, as here, the project opponents claimed that a four-story mixed-use apartment building in a neighborhood of one and two-story residences was “out of scale” with the community and violated the city’s design guidelines. The Court rejected the argument concluding that “whether a new structure might or might not overwhelm this particular neighborhood requires the balancing of many factors” and could not be determined by the size of the building alone (Ibid. at p. 911.). On an objective basis, the Bolsa Chica Senior Living project is compatible in proportion, scale, and character to the Warner/Bolsa Chica commercial corridors and surrounding multifamily development. As stated in the Commission’s adopted consistency findings for Land Use Element goals and policies in Attachment 1.6 the Project is “consistent with the overall character of the surrounding area,” and “is similar in height and massing to other multistory senior living facilities in the City that are adjacent to residential uses.” (Commission-adopted Findings for Approval/Land Use Element Consistency – Attachment No. 1.6.) In objecting without any stated factual basis other than the assertion that an additional 15 feet of height over the current CG zone-allowed 50 feet will result in land use incompatibility, the Appeal ignores additional Commission-adopted Findings. Indeed, the 50-foot height limitation of the current CG zone are essentially irrelevant because the Project includes the adoption of a Specific Plan to replace the CG zoning designation. The comparison also ignores the community benefits of the Bolsa Chica Senior Living Specific Plan, the project amenities and the exponentially higher traffic associated with buildout of the CG zone. The Project’s design reflects “a traditional style of architecture that is reflective of the City’s beach lifestyle that complements and enhances the architectural style of the larger surrounding area.” (Findings – Attachment No. 1.6.) 635 - Mayor Strickland and Council Members City of Huntington Beach November 1, 2023 Page 4 62336488.v4 The “variety of building materials, multilevel roof lines, and varying building setbacks . . . serve to break up the scale and massing of the building” (Findings – Attachment No. 1-6) provides a descriptive basis and substantial evidence that the Project’s height, with its upper-level setbacks, is compatible in proportion, scale, and character to the adjoining land uses. Contrary to the Appellant’s hyperbole, the Project can’t even be seen from the Brightwater community in which Mr. Thienes resides. Finally, the City’s CEQA consultant, LSA, in its October 20 response to the October 5 appeal responding to the “comments and concerns regarding the EIR’s,” the proposed project is consistent with the City General Plan policies addressing aesthetic values and visual quality. Pages 6 through 8 of the LSA Responses to Appeal, Section 3. “Aesthetics-Height” points out that successful urban design generally concentrates taller buildings along commercial corridors, where multiple higher capacity arterials intersect. The four-story Beach and Ocean apartment complex on Beach Boulevard near Adams Street, the Merrill Gardens Senior Facility on Beach Boulevard near Warner Avenue, just north of a single family neighborhood, and the tall multistory buildings across from the Huntington Beach Pier near Pacific Coast Highway and Main Street, and the 14-story Huntington Gardens senior apartments on Huntington near 5 Points, all meet diverse needs, many are over 65 feet tall, and yet have existed for decades adjacent to or near old and new one-to-three story single family residences without community impacts. Like the Project, these all have responded to the “diverse community needs in terms of housing types, cost and location,” consistent with Housing Element Policy H2.1. The Appellant’s assertion that the Project would “tower over existing residences” ignores the fact that other than the four older single-family residences on the east side of Bolsa Chica over 100 feet from these properties, the Project site is bounded by an industrial building to the south, and an older apartment complex with carports between the Project and the existing apartments. Appellant’s CEQA Arguments Are Unsupported by Evidence and Ignore the Evidence in the Draft EIR. The Appellant’s CEQA “claims” are nothing more than conclusory statements without any factual support. As documented by the LSA, the City’s CEQA consultant, Appellant conspicuously ignores the substantial evidence in the Draft EIR and the record before the Planning Commission documenting the substantial evidence that the findings of the Draft EIR are supported by substantial evidence. (LSA Memorandum (For these reasons alone, the Council should deny the appeal. An agency's factual determinations are given substantial deference and are presumed correct; the challenger bears the burden of proving the contrary. ( State Water Resources Control Bd. Cases (2006) 136 CA4th 674, 723; Sierra Club v County of Napa (2004) 121 CA4th 1490, 1497; San Franciscans Upholding the Downtown Plan v City & County of San Francisco (2002) 102 CA4th 656, 674.) We respond below to each of Appellant’s CEQA claims. Findings of Less Than Significant Effect. Without citing any evidence, Appellant disagrees with the DEIR findings that the Project would not result in any significant effect. Appellant makes two assertions: (1) the Project General Plan Amendment and Zone Change will somehow result in cumulative effects from potential future development; and (2) the DEIR did not evaluate parking effects. Cumulative Effects. The DEIR includes an evaluation of the Project’s cumulative effects expressly following the applicable provisions of the CEQA Guidelines. Nothing more is required. CEQA does not require the evaluation of potential future projects that are not proposed. There is no evidence that 636 Mayor Strickland and Council Members City of Huntington Beach November 1, 2023 Page 5 62336488.v4 the approval of a General Plan Amendment and a Specific Plan for the senior living Project here will somehow trigger other senior living projects or new Specific Plans. (City of Maywood v. Los Angeles Unified Sch. Dist. (2012) 208 Cal.App.4th 362 [A proposal that has not crystallized to the point that it would be reasonable and practical to evaluate it cumulative impact need not be treated as a probable future project.].) In the event a new project is proposed, CEQA will require the evaluation of the effects of that project. Moreover, the City Council is able to reject any additional proposals for new projects, and given the minimum two-acre plus threshold for Specific Plan applications and the fully developed multifamily apartment and condominium uses in the surrounding area, future Specific Plan applications are unlikely. Parking. As noted in the LSA memorandum, parking adequacy is not a CEQA environmental effect. (San Franciscans Upholding the Downtown Plan v. City & County of San Francisco (2002) 102 Cal.App.4th 1013.) In any event, the DEIR documents that the on-site parking included in the Project provides adequate parking for Project residents, staff, and visitors. (DEIR Appendix A; LSA Memorandum, p. 2.) Alternatives. Again, without citing any evidence, Appellant clams that a different project could have been proposed under existing CG zoning that would have fewer impacts. First, the DEIR evaluated the effects of the Project against the effects of continuing existing uses at the site. The CEQA measurement of whether a proposed project will have a significant effect is determined by comparing the proposed project against existing conditions. (CEQA Guidelines, § 15125, subd (a). The DEIR documents that the Project will have fewer effects than existing conditions. For example, the Project will generate less traffic than the existing development. Second, the DEIR considered an alternative that could be developed under the existing CG zoning. The DEIR documented that the allowable development under the existing CG zoning would result in much greater effects than the Project, including a substantial increase in daily traffic at and around the project site with potentially significant impact on the surrounding circulation system, and increased air quality impacts. (DEIR, § 5.1; LSA Memorandum, p. 4.) CEQA does not require an evaluation of any alternative that could conceivably be proposed. Alternatives are limited to those that would achieve most of the project objectives, and that would reduce significant environmental effects. The project objectives here are to: 1. Develop a project that helps meet the increasing demand for senior living facilities in Huntington Beach at a scale of development suitable to current industry standards. 2. Provide opportunity for residents to age in place through provision of multiple unit types accommodating independent living, assisted living, and memory care. 3. Provide a community with around-the-clock staff assistance, as well as a range of amenities that would aid in maintaining a high quality of life and support activities associated with daily living of residents. 4. Deliver benefits to the community by expanding the range of housing opportunities with a particular focus on addressing the needs of the elderly. 5. Implement a project that would be compatible with surrounding land uses and would enhance the character of the surrounding neighborhood through high quality design. 637 Ma y o r S t r i c k l a n d a n d C o u n c i l M e m b e r s Ci t y o f H u n t i n g t o n B e a c h No v e m b e r 1 , 2 0 2 3 Pa g e 6 62 3 3 6 4 8 8 . v 4 An y h y p o t h e t i c a l c o m m e r c i a l f a c i l i t y t h a t c o u l d b e d e v e l o p e d u n d e r t h e e x i s t i n g C G z o n i n g w o u l d no t a c c o m p l i s h a n y o f t h e s e n i o r h o u s i n g P r o j e c t o b j e c t i v e s . F u r t h e r , t h e D E I R d o c u m e n t s t h a t a l l o f t h e po t e n t i a l P r o j e c t e f f e c t s a r e l e s s t h a n s i g n i f i c a n t u s i n g C E Q A - a p p r o v e d s t a n d a r d s o f s i g n i f i c a n c e . C E Q A do e s n o t r e q u i r e t h e C i t y t o e v a l u a t e s o m e o t h e r h y p o t h e t i c a l a l t e r n a t i v e w h e r e , a s h e r e , s u b s t a n t i a l e v i d e n c e in t h e D E I R d o c u m e n t s t h a t t h e P r o j e c t w i l l h a v e n o u n a v o i d a b l e s i g n i f i c a n t e f f e c t s . Ap p e l l a n t ’ s O t h e r U n s u p p o r t e d C l a i m s . A p p e l l a n t ’ s o t h e r c l a i m s r e g a r d i n g p o t e n t i a l l i g h t i n g , re c r e a t i o n , u t i l i t i e s s y s t e m e f f e c t s a r e s i m i l a r l y d e v o i d o f a n y e v i d e n t i a r y s u p p o r t . A s d o c u m e n t e d i n t h e LS A M e m o r a n d u m , A p p e l l a n t s i m p l y i g n o r e s t h e s u b s t a n t i a l e v i d e n c e i n t h e D E I R w h i c h s u p p o r t s t h e co n c l u s i o n t h a t t h e P r o j e c t w i l l n o t h a v e a n y s i g n i f i c a n t e f f e c t s o n l i g h t i n g , r e c r e a t i o n o r u t i l i t y s y s t e m . In c o n c l u s i o n , a n d a s s e t f o r t h a b o v e , A p p e l l a n t i g n o r e s t h e s u b s t a n t i a l e v i d e n c e b e f o r e t h e Pl a n n i n g C o m m i s s i o n a n d C i t y C o u n c i l t h a t t h e P r o j e c t i s c o n s i s t e n t w i t h t h e p o l i c i e s o f t h e G e n e r a l P l a n , an d t h a t t h e P r o j e c t w i l l n o t r e s u l t i n a n y s i g n i f i c a n t e n v i r o n m e n t a l e f f e c t s . T h e C o u n c i l s h o u l d d e n y t h e ap p e a l . Ve r y t r u l y y o u r s , Ve r y t r u l y y o u r s , Ro b e r t D . T h o r n t o n No s s a m a n L L P Jo h n P . E r s k i n e No s s a m a n L L P RD T / J P E : d l f 63 8 ~ \J Ji d 639 LSA October 20, 2023 Hayden Beckman Senior Planner City of Huntington Beach Community Development Department 2000 Main Street Huntington Beach, CA 92648 CARLSBAD CLOVIS IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO Subject: Responses to Appeal of Planning Commission Decision to Approve Conditional Use Permit (CUP} No. 21-024 -Bolsa Chica Senior Living Community letter filed by Michael McMahon of Carmel & Naccasha LLP Dear Mr. Beckman, As requested by the City of Huntington Beach {City}, LSA has prepared the following draft responses to the Appeal of Planning Commission Decision to Approve CUP No. 21-024-Bolsa Chica Senior Living Community letter filed by Michael McMahon of Carmel & Naccasha LLP on October 5, 2023. Specifically, the following draft responses address comments provided on pages 2-6 of the appeal letter, starting under, "Additional comments and concerns regarding the EIR are as follows:" The draft responses have been numbered in accordance with the subheadings provided in the appeal letter. 1. Project Impacts a. Comment: The statement, "the proposed project would not result in significant and unavoidable adverse impacts to the existing environmental setting" lacks factual support. The Project would create a precedent for future development, and the EIR does not consider that the approval of the Project will pave the road for future similar developments in the area. The effects of allowing a specific plan to subvert zoning regulations would lead to increased interest in developing surrounding projects of a similar nature. The Project needs to study the long-term cumulative impact of increasing the code-required maximum density, the lack of code-required parking, and the effect on the adjoining neighborhood and their ability to absorb the street parking that would result from the deficiency of the required parking. The EIR should also study the long-term effects of the sewer capacity and water capacity of the surrounding existing development of similar nature that could be redeveloped if the Planning Commission's approval of the Project stands. The EIR failed to provide a sewer capacity and water capacity study. b. Response: In accordance with the State CEQA Guidelines, potential environmental impacts related to implementation of the proposed project were analyzed and disclosed in the Draft Environmental Impact Report (Draft EIR} (April 2023}. 285 South Street, Suite P, San Luis Obispo, CA 93401 805.782.0745 www.lsa.net 640 LSA The General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and adoption of the Specific Plan are discretionary actions to be considered by the City as part of the proposed project, independent of the CEQA environmental impact analysis. The General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and adoption of the Specific Plan are project site specific, and once approved, only apply to the project site and are not transferrable to parcels in the surrounding area. Pursuant to Section 15130 of the State CEQA Guidelines, cumulative impacts are the incremental effects of an individual project when viewed in connection with the effects of past, current, and probable future projects within the cumulative impact area for land use. Pursuant to CEQA, a project is not required to analyze the cumulative impacts of a project in conjunction with future projects that have yet to be identified and are not currently in the planning phases of development. A list of the approved and pending projects in the City that are within 3 miles of the project site and were used in the cumulative impact analysis for the Draft EIR are provided in Table 4.A, Cumulative Projects List, in Section 4.0 of the Draft EIR. Based on the analysis provided in Section 4.7.10 of the Draft EIR, the proposed project would not result in a significant cumulative land use compatibility impact in the City. As discussed in Section 4.7, Land Use and Planning, of the Draft EIR, all future projects proposed in the City that require discretionary approval, including projects potentially similar in scale to the proposed project, would be subject to their own project-specific environmental review and analysis pursuant to CEQA. Review and approval of future projects by the City would be based on their own project-specific environmental impacts and individual project merits. As stated above, the discretionary planning actions associated with the proposed project are project site-specific and would not directly result in amendments to other parcels in the surrounding area or elsewhere in the City. Therefore, the proposed project would not contribute a significant cumulative land use compatibility impact on the environment or the surrounding community in conjunction with future redevelopment projects that have yet to be identified or by creating a precedent for similar future development. Under CEQA, parking is not considered an environmental issue unless there is evidence that absence of available parking results in an environmental impact. Nevertheless, as described in Section 1, Project Description, of the Initial Study (see Appendix A of the Draft EIR), the proposed project is anticipated to provide 207 parking spaces for residents, staff, and visitors in accordance with the parking requirements specified in the Balsa Chica Senior Living Community Draft Specific Plan (July 2022). Approximately 4 of the 207 parking spaces would be surface parking spaces (at grade) under the porte cochere. A single-level subterranean parking garage would be built beneath the senior living community and is anticipated to provide 203 parking spaces. The ramp to the subterranean parking garage would be located on Balsa Chica Street south of the exit-only driveway and adjacent to the multi-purpose room. Pursuant to the 2019 California Building Code Section llB-208.2, 7 of the 207 parking spaces are anticipated to be Americans with Disabilities Act (ADA) compliant, including approximately 2 ADA van-accessible spaces. Additionally, 25 of the provided parking spaces are anticipated to be designated for carpool/clean air vehicles and 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 2 641 LSA electric vehicle capable in accordance with the 2019 California Green Building Standards Code (CALGreen) Tables 5.106.5.2. and 5.106.5.3. An additional 2 parking spaces (not included in the project's total parking space count) are anticipated to be provided in the loading area accessible from Warner Avenue. The project has been designed to provide adequate on-site parking for the proposed use; and therefore, it is not anticipated that residents, staff, or visitors would need to utilize existing street parking. Therefore, the proposed project would not result in impacts to related to the availability of street parking. As discussed in Section 4.19, Utilities, in the Initial Study (see Appendix A of the Draft EIR), domestic water service in Huntington Beach is provided by the City's Utilities Division of the City Public Works Department. Water demand associated with the proposed project would be typical of a senior living community. The senior living community and landscape improvements associated with the proposed project are anticipated to use approximately 8.42 million gallons per year, or 25.85 acre-feet per year of water. According to the City's 2020 Urban Water Management Plan, the City's projected water supply is able to meet projected water demands in the years 2025, 2030, 2035, 2040, and 2045 during normal years, single dry years, and multiple dry years. In 2020, the actual water supply and actual water demand was 25,966 acre-feet (af). In 2045, the total projected water supply and projected water demand is 26,054 af annually, with supply and demand increasing equally and incrementally every 5-year period between 2025 and 2045. Therefore, the City's existing water supplies are projected to meet full-service demands through the year 2045. The project-related water use represents approximately one-tenth of one percent of the 2020 water supply in the City's service area.1 Consequently, anticipated water usage by the proposed project is negligible compared to the City's total annual water supply documented in the Urban Water Management Plan. The proposed project would result in less than significant impacts related to water supply and a water capacity study is not required for the proposed project. As discussed in Section 4.19, Utilities, in the Initial Study (see Appendix A of the Draft EIR), the Utilities Division of the City's Public Works Department currently provides sewer service to the project site. The proposed project is anticipated to generate approximately 20,767 gpd of wastewater2 • The total amount of wastewater generated by the project represents approximately 0.03 percent3 of the daily treatment capacity at OCSD's Plant No. 2. Consequently, wastewater generated by the proposed project would be negligible (less than 1 percent) compared to the treatment facility's available capacity. Further, as part of the Conditional Use Permit approval process, the Applicant must demonstrate that the proposed sewer connection would have sufficient capacity to accommodate the proposed project with preparation of a Sewer Feasibility Study as specified in Standard Condition UTL-1. As specified in Standard Condition UTL-1, prior to issuance of a grading or building 25.85 afy/ 25,966 afy = 0.00099 or approximately one-tenth of one percent. In the absence of an official wastewater generation rate, wastewater can be reasonably assumed to be 90 percent of water use. 8.422 million of gallons per year= approximately 23,074 gpd. Therefore, 23,074 gpd * .9 = 20,766.6 or approximately 20,767 gpd. 20,767 gpd / 64,000,000 gpd = approximately 0.00032 or 0.03 percent. 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 3 642 LSA permit, the project Applicant shall submit a Sewer Feasibility Study prepared by a qualified civil engineer to the City of Huntington Beach City Engineer, or designee, for review and approval. The Sewer Feasibility Study shall include a review of the existing sewer system that would serve the project site to conf_irm that it has available capacity to accept the wastewater flow generated by the proposed project's uses. Any required improvements shall be identified in the Sewer Feasibility Study. The analysis, conclusions, and recommendations in the Sewer Feasibility Study shall be based on final design plans and shall be consistent with all applicable City requirements. In the event that the Sewer Feasibility Study identifies insufficient sewer capacity to serve the proposed project, the project Applicant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity. Therefore, with implementation of Standard Condition UTL-1, the proposed project's impacts related to wastewater treatment would be less than significant. All future development projects in the City would be required to demonstrate that water and wastewater providers would have adequate capacity to serve the project in addition to existing commitments. Therefore, the proposed project would not contribute a significant or cumulative impact related to water or sewer capacity in conjunction with future redevelopment projects that have yet to be identified. 2. Alternatives a. Comment: An Alternate project could be proposed that complies with the existing zoning that is also consistent with the surrounding community. Also lacking support is the conclusion that "the no project alternative would result in greater environmental impacts to air quality and transportation to the surrounding circulation system due to the greater number of vehicle trips to and from the project site." Zoning similar to the adjacent properties would actually result in less impact than the proposed Project but would still achieve the goal of providing senior housing. b. Response: As discussed in Section 5.1, Alternatives, of the Draft EIR, an alternative project could be proposed that complies with the existing zoning and is consistent with the surrounding community. As described in Section 5.4.1, Maximum Buildout of the Project Site Under the Existing Commercial General (CG} Designation (Maximum CG Buildout Alternative), of the Draft EIR, redevelopment of the project site with a retail commercial project could occur under the existing CG zoning. As further described in this section, the Maximum CG Buildout Alternative would generate 7,497 daily vehicle trips, including a.m. and p.m. peak-hour trips. The 45,340 square feet of existing occupied commercial (office and strip retail plaza) uses generate approximately 947 daily vehicle trips, including a. m. and p.m. peak-hour trips. As such, the Maximum CG Buildout Alternative would result in a net increase of 6,550 daily trips, including a net increase in a.m. and p.m. peak-hour trips. This represents a substantial increase in daily traffic at and around the project site and could result in a potentially significant impact on the surrounding circulation system. Additionally, the increase in vehicle trips to and from the site would result in increased air quality impacts at and around the project site. The Maximum CG Buildout Alternative would not reduce the 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3-Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 4 643 LSA daily trips to and from the project site, thereby not providing the same beneficial traffic impacts as the proposed project. Further, the Maximum CG Buildout Alternative would result in increased transportation impacts when compared to the proposed project. The Maximum CG Buildout Alternative would not achieve any of the housing-related Project Objectives. The Maximum CG Buildout Alternative would not help the City achieve its goals of meeting the increasing demand for senior living facilities by providing as many senior housing units as possible, providing opportunities for residents to age in place through a variety of housing accommodations and around-the-clock staff assistance, or expanding the range of housing opportunities focusing on the elderly. The City of Huntington Beach is experiencing an increasing demand for senior living facilities to address the housing needs of its large senior population.1 Retail/commercial use at the project site is allowable under the current zoning designation and would be the next most likely use to occur at the site if the proposed project is not approved. Although the Maximum CG Buildout Alternative would be able to attain one of the Project Objectives because it could implement a project that would be compatible with surrounding land uses and would enhance the character of the surrounding neighborhood through high quality design, maximum buildout of the project site under the current CG designation would result in greater environmental impacts, specifically with regards to transportation, when compared to the proposed project. For these reasons, the Maximum CG Buildout Alternative was rejected and was not considered further in the alternatives analysis. As described in Section 5.5, Alternative 1: No Project Alternative, of the Draft EIR, the No Project Alternative would allow for the project site to remain developed with commercial (retail and office) uses and an associated surface parking lot. The existing commercial and retail uses total approximately 55,000 square feet and are contained in two buildings comprised of a three-story office building fronting on Balsa Chica Street and a two-story commercial retail building fronting on Warner Avenue. The currently approved City General Plan and zoning designations (CG) would remain applicable to the project site and there would be no improvements implemented on the project site. The No Project Alternative would allow existing conditions on the project site to remain unchanged. The existing two- story commercial building and the three-story office building are not fully occupied, and the impacts analysis of the No Project Alternative is based on this existing level of use. As described in Section 5.5.2.2, Air Quality, of the Draft EIR, under existing conditions, the 45,340 square feet of existing occupied commercial uses generate approximately 947 daily trips.2 The proposed project is expected to generate 513 daily trips. Implementation of the proposed project would result in a net reduction of 434 daily vehicle trips to and from the project site compared to the existing conditions due to the change in use of the project site See "Age Characteristics" 2021-2029 Draft Huntington Beach Housing Element (incorporated by reference). As of 2019, 18 percent of the population is over 65, and is now (mid-2023) estimated to be 20 percent over 70. The City's Adopted 2022/23 Operating Budget estimates over 40 percent of the existing Huntington Beach population is over 65. See Table B: Project Trip Generation Summary provided in Section 4. 7 of the Initial Study (Appendix A of the Draft EIR). 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 5 644 LSA from commercial uses to a senior living community. As such, implementation of the proposed project would provide beneficial air quality impacts by decreasing the number of daily vehicle trips and associated air pollution. Air quality impacts associated with operational vehicle trips would be greater with implementation of the No Project Alternative as opposed to the proposed project. As stated above, under existing conditions, the 45,340 square feet of existing occupied commercial uses generate approximately 947 daily trips (compared to 513 daily trips expected to be generated by the proposed project). When compared to the proposed project, the No Project Alternative would result in greater transportation-related impacts to the surrounding circulation system due to the greater number of vehicle trips (and resulting increase in Vehicle Miles Traveled) to and from the project site. 3. Aesthetics -Height a. Comment: The conclusion that "the proposed project would not conflict with relevant goals and policies in terms of preserving the visual quality in the city," is also completely unsupported. The City has developed zoning standards which do not allow for a 65-foot-high building structure. The building structure would tower over the existing residences which are only two stories tall. The proposed structure is not compatible in proportion, scale, or character to the adjoining uses. b. Response: Consistency of the proposed project with the goals and polices of the City's General Plan that address aesthetic values and visual quality is discussed in Section 4.7, Land Use, of the Draft EIR. The City's General Plan contains goals and policies to ensure that development in the City is context-sensitive and preserves and enhances the community's character, the beach, Surf City culture, and the environment (Goal LU-2, Policies A and B). The beach community is considered one of the most cherished assets of the City for both local residents and visitors. Future development in the City should maintain and enhance this unique character through the preservation of historic and cultural resources related to that identity and the perpetuation of traditional beach city architecture styles and design motifs. Commercial corridors, including Main Street and Beach Boulevard, which are frequented by both local residents and visitors, provide a good example of how traditional beach city architecture styles and design motifs are used to create the beach community character and Surf City culture that is inherent to the City's identity. Comparable existing residential development in the City that typifies this beach community character and Surf City culture include the Merrill Gardens assisted living facility, the Beach and Ocean apartment complex, and Plaza Almeria. The Jamboree Senior Housing Project, which is currently under construction at 18431 Beach Boulevard, is also a good example of a recently approved project that incorporates traditional beach city architecture styles and design motifs to preserve and enhance the Surf City culture. Successful urban design generally concentrates higher density land uses and taller buildings along commercial corridors, especially where multiple high-traffic streets intersect, and 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealLetterResponse.docx) 6 645 LSA reduces building densities with distance from those main throughfares. This type of urban planning is typical of most cities in California, including Huntington Beach. Examples of higher density land uses and taller buildings located along commercial corridors in the City include the high-rise building at the southwestern corner of Beach Boulevard and Warner Avenue, the multistory buildings along Pacific Coast Highway and Main Street within downtown Huntington Beach, and the cluster of mid-rise buildings in the vicinity of where Beach Boulevard, Main Street, and Ellis Avenue, some of the City's largest arterial streets, converge. As these commercial areas transition into residential areas, building densities and heights decrease. The Merrill Gardens assisted living facility, the Beach and Ocean apartment complex, Plaza Almeria, and Jamboree Senior Housing Project are all located adjacent to important commercial corridors in the City, utilize architectural and design elements to enhance the Surf City culture of the City, and use the context of the surrounding area to inform the overall look of the development. Similarly, the proposed senior living community is located on a commercial corridor (Warner Avenue) and would incorporate many of the design and architectural elements used in these aforementioned projects to ensure that the proposed development is context-sensitive and preserves and enhances the community character, the beach community, Surf City culture, and the environment. As discussed in Section 4.1, Aesthetics, of the Draft EIR, the proposed project would be developed consistent with the existing approved design of buildings in the surrounding area and the City, which includes the informal aesthetic elements of the existing beach community. In addition, many of the commercial buildings along Warner Avenue in the immediate vicinity of the project site feature shaded outdoor space and open-air walkways that take advantage of the City's temperate year-round climate. Although the proposed project would be taller than other buildings in the immediate area, the building would be located at a major intersection in north Huntington Beach where other higher-density development is concentrated. Therefore, it would not be out of context. By contrast, the existing single-story residential uses across Bolsa Chica Street from the project site, the construction of which likely dates back to the 1920s and 30s when the City had a much smaller population and lower density, are somewhat out of scale with the current prevailing character of the surrounding area, which consists of two-and three-story development. Similar to the comparable existing and in progress development projects mentioned above, the proposed senior living community would be designed to include complementary light colors reflective of the City's beach lifestyle and the surrounding neighborhoods. The project's streetscape design along Warner Avenue and Bolsa Chica Street would complement the architecture, frame buildings, and provide trees consistent with the overall character of the area. As such, the proposed project's design would be developed to complement and enhance the architectural style of the larger surrounding area and would include a multi-level roofline, walls, and fences as a functional part of the development to add visual interest. Similar to the four-story Beach and Ocean apartment complex, the four- story Plaza Almeria, and the four-story Jamboree Senior Living Project, the proposed project would utilize multi-level rooflines and would vary building setbacks along Warner Avenue and Bolsa Chica Street in order to break up the scale and massing of the building. In addition, similar to the Jamboree Senior Living Project, the proposed project would be 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 7 646 LSA located adjacent to existing lower density residential uses. As such, development of the proposed project would be consistent with the City's approach for addressing visual compatibility issues elsewhere in the City. Based on the information provided above and the information presented in Section 4.1, Aesthetics, of the Draft EIR, the proposed project's scale, design, and height would be compatible with the surrounding area. 4. Land Use and Planning a. Comment: The Project would cause significant environmental impacts due to the conflict with the existing land use plan. Upholding the Planning Commission's approval of this Project would lead to approval of multiple projects in the area which would have a massive cumulative impacts on the community, including aesthetics, traffic, noise, solar access, wind access, and impacts to the infrastructure, such as water and sewer capacities and street parking. The Project is inconsistent with the City's established development standards, which were applied to the surrounding infrastructure. The surrounding infrastructure was not designed to handle the proposed densities. The overall impact to the surrounding community would be far from 'less than significant' when the cumulative effect of future developments similar to the proposed Project is considered. b. Response: As previously stated above, the General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and adoption of the Specific Plan are discretionary actions to be considered by the City as part of the proposed project, independent of the CEQA environmental impact analysis. The General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and adoption of the Specific Plan are project site- specific, and once approved, only apply to the project site and are not transferrable to parcels in the surrounding area. Therefore, approval of the proposed project, cannot in and of itself "lead to the approval of multiple projects in the area which would have a massive cumulative impacts on the community, ... " Pursuant to Section 15130 of the State CEQA Guidelines, cumulative impacts are the incremental effects of an individual project when viewed in connection with the effects of past, current, and probable future projects within the cumulative impact area for land use. Pursuant to CEQA, a project is not required to analyze the cumulative impacts of a project in conjunction with future projects that have yet to be identified and are not currently in the planning phases of development. A list of the approved and pending projects in the City that are within 3 miles of the project site and were used in the cumulative impact analysis for the Draft EIR is provided in Table 4.A, Cumulative Projects List, in Section 4.0 of the Draft EIR. Based on the analysis provided in Section 4.7.10 of the Draft EIR, the proposed project would not result in a significant cumulative land use compatibility impact in the City. As discussed in Section 4. 7, Land Use and Planning, of the Draft EIR, all future projects proposed in the City that require discretionary approval, including projects potentially similar in scale to the proposed project, would be subject to their own project-specific environmental review and analysis pursuant to CEQA. Review and approval of future projects by the City would be based on their own project-specific environmental impacts and individual project merits. As stated above, the discretionary planning actions associated 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealLetterResponse.docx) 8 647 LSA with the proposed project are project site-specific and would not directly result in amendments to other parcels in the surrounding area or elsewhere in the City. Therefore, the proposed project would not contribute a significant cumulative land use compatibility impact on the environment or the surrounding community in conjunction with future redevelopment projects that have yet to be identified or by creating a precedent for similar future development. The proposed project's potential impacts on surrounding infrastructure, including water and wastewater (sewer) capacity, is analyzed in Section 4.19, Utilities, in the Initial Study (see Appendix A of the Draft EIR). As described in Section 4.19, and in response to Comment 1 (Project Impacts) of this appeal letter above, the proposed project would result in less than significant impacts related to water supply and a water capacity study is not required for the proposed project. Furthermore, as part of the Conditional Use Permit approval process, the Applicant must demonstrate that the proposed sewer connection would have sufficient capacity to accommodate the proposed project with preparation of a Sewer Feasibility Study as specified in Standard Condition UTL-1. As specified in Standard Condition UTL-1, prior to issuance of a grading or building permit, the project Applicant shall submit a Sewer Feasibility Study prepared by a qualified civil engineer to the City of Huntington Beach City Engineer, or designee, for review and approval. The Sewer Feasibility Study shall include a review of the existing sewer system that would serve the project site to confirm that it has available capacity to accept the wastewater flow generated by the proposed project's uses. Any required improvements shall be identified in the Sewer Feasibility Study. The analysis, conclusions, and recommendations in the Sewer Feasibility Study shall be based on final design plans and shall be consistent with all applicable City requirements. In the event that the Sewer Feasibility Study identifies insufficient sewer capacity to serve the proposed project, the project Applicant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity. Therefore, with implementation of Standard Condition UTL-1, the proposed project's impacts related to wastewater treatment would be less than significant. All future development projects in the City would be required to demonstrate that water and wastewater providers would have adequate capacity to serve the project in addition to existing commitments. Therefore, the proposed project would not contribute a significant or cumulative impact related to water or wastewater (sewer) capacity in conjunction with future redevelopment projects that have yet to be identified. 5. Utilities and Service Systems -Energy a. Comment: The statement that "the proposed project would have less than significant impacts associated with electric power and natural gas" is wholly unsupported. The cumulative effect of approving this Project would lead to similar developments in the area, which would have a major impact to the available electricity and natural gas. The existing infrastructure is not sufficient for the bulk, density, and mass of the proposed development. Approval of this Project would cause additional projects of a similar nature that would have a cumulative effect on the availability of electricity and natural gas. 10/20/23 (\ \lsaazfiles.file.core.windows .net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterRes ponse.docx) 9 648 LSA b. Response: As discussed in Section 4.10, Utilities and Service Systems, of the Draft EIR, electricity and natural gas consumption during project implementation is anticipated to be 1,251,306 kWh/year and 23,753 therms/year, respectively. This usage increases annual demand for electricity and natural gas in Orange County by less 0.01 percent for both electricity and natural gas and would not require or result in the relocation or construction of new or expanded electric power or natural gas facilities. As such, the proposed project would have less than significant impacts related to the availability of electricity and natural gas and would not result in a significant cumulative impact related to the availability of electricity or natural gas. As stated above, all future projects proposed in the City, including projects potentially similar in scale to the proposed project, would be subject to their own project-specific environmental review and analysis pursuant to CEQA, and would be required to demonstrate that electricity and natural gas providers would have adequate capacity to serve the project in addition to the service provider's existing commitments. Review and approval of future projects by the City would be based on their own project-specific environmental impacts and individual project merits. Furthermore, the discretionary planning actions associated with the proposed project are project-site specific and would not directly result in amendments to other parcels in the project area. Therefore, the proposed project would not contribute a significant cumulative impact related to the availability of electricity or natural gas in conjunction with future redevelopment projects that have yet to be identified. 6. Aesthetics -Light a. Comment: The conclusion that the Project will "not create a source of substantial light or glare" similarly lacks evidentiary support. Security and patio lighting on the 5th floor would be seen from the entire neighborhood. Nothing in the EIR evaluated the lighting spillover into the wetlands that requires dark sky. If the Brightwater development respects the dark sky requirements of the Balsa Chica Ecological Preserve, this Project must address the impact to the Balsa Chica Ecological Preserve. The proposed building elevations in the EIR appear to show exterior lighting fixtures that are not properly shielded. The Project as approved cannot provide adequate lighting for the patio areas and still shield all of the light spillover into the surrounding neighborhood and wetlands. b. Response: As discussed in Section 4.1, Aesthetics, of the Initial Study (see Appendix A of the Draft EIR), existing sources of light on the project site include exterior building lights, pole- mounted lighting in the surface parking lot, and pole-mounted streetlights along Bolsa Chica Street and Warner Avenue. Other sources of light in the vicinity of the project site include exterior lighting from adjacent properties, streetlights, and vehicle headlights. The development of the proposed five-story senior living community would introduce sources of light to the project site that are typical of commercial, and office uses, and would be similar to existing light sources. Outdoor lighting proposed as part of the project would include complementary fixtures with a similar aesthetic, emphasizing efficiency and good light control. All on-site outdoor lighting would be placed to meet safety and orientation needs. Lighting in public areas would be warmly colored, unobtrusive, and angled in a way that 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 10 649 LSA minimizes spill and glare. The level of lighting intensity would vary throughout the day. All lighting associated with the proposed project would be shielded and directed downward to avoid off-site spillage, including security and patio lighting on the top floors of the proposed building. As a condition of project approval, the proposed project would be required to comply with lighting standards described in the Photometric Plan {see Standard Condition AES-1). The Photometric Plan and any other lighting plans are subject to City review and approval as part of the site plan review process. Implementation of Standard Condition AES-1, as a condition of project approval would ensure that impacts associated with new lighting would be less than significant. According to the California Department of Fish and Wildlife {CDFW), the project site is approximately 0.5 mile north of the officially designated boundary of the Bolsa Chica Ecological Reserve along the East Garden Grove Wintersburg Channel 1 and approximately 0.16 mile north of open space and trails associated with the Ecological Reserve. Compliance with the lighting standards described in the Photometric Plan {see Standard Condition AES-1) would ensure that project lighting would be properly shielded and would not result in significant impacts associated with light and glare. The conceptual renderings included in Figure 3-5 are intended to provide a visual depiction of the proposed building facades and architectural style of the proposed community, including proposed building materials, colors, multi-level rooflines, and landscaping. Although the conceptual renderings may appear to show improperly shielded exterior lighting fixtures, development of the proposed project would be required to provide properly shielded lighting fixtures that would be directed downward to avoid off-site light spillage consistent with the Photometric Plan {Standard Condition AES-1). 7. Hydrology and Water Quality a. Comment: Bolsa Chica Street and Warner Avenue lack sufficient storm drain facilities to capture runoff from the east that flows to the intersection of Bolsa Chica Street and Dunbar Drive, and as a result this intersection experiences flooding during normal rain events. The adjacent existing parking lot serves as an incidental detention basin and helps protect the surrounding properties. The EIR fails to analyze and address the effect of construction over the parking lot, which would reduce the available ponding space and could cause flooding on adjacent properties. This Project will increase the depth of flooding at the intersection of Bolsa Chica Street and Dunbar Drive. b. Response: The proposed project would include the demolition of the existing commercial buildings and associated parking lot in order to construct the proposed senior living community. As discussed in Section 4.10, Hydrology and Water Quality, of the Initial Study {see Appendix A of the Draft EIR), development of the proposed project would decrease California Department of Fish and Wildlife (CDFW). 2014. South Coast Region. Balsa Chica Ecological Reserve, Laguna Laurel Ecological Reserve, Upper Newport Bay Ecological Reserve, Orange County. November 2014. 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 11 650 LSA impervious surface area on the project site by approximately 7 percent. The proposed project would include the construction of on-site storm drain facilities and Best Management Practices (BMPs), including the biofiltration planters and modular wetlands which would be designed to treat stormwater runoff on the project site before discharging flows to the storm drain system. Additionally, the project includes a proposed stormwater detention system for excess runoff. As concluded in the Preliminary Hydrology Study, the proposed project condition would have a lower peak on-site flow rate and a lower peak on- site flow rate for 25-year and 100-year storms when compared to the pre-project/existing conditions. This reduction in on-site flow rate would improve the existing storm drainage system as it flows downstream along Balsa Chica Street. Additionally, as specific in Standard Condition WQ-4, a Final Hydrology Study would be prepared based on final project plans and would be approved by the City. The Final Hydrology Study would confirm that the project drainage facilities comply with all applicable City code requirements and ensure that sufficient capacity in the downstream storm drain systems is available to accommodate storm runoff from the project site so that off-site flooding does not occur. The proposed on- site drainage facilities and BMPs needed to accommodate stormwater runoff would also be appropriately sized so that on-site flooding would not occur. With implementation of BMPs and Standard Conditions WQ-1 (requiring coverage under the Construction General Permit), WQ-2 (requiring preparation of an Erosion and Sediment Control Plan), and WQ-4 (requiring preparation of a Water Quality Management Plan) would ensure impacts related to on-or off-site flooding from an increase in surface runoff would be less than significant. Therefore, implementation of the proposed project would not result in increased flooding of adjacent properties or increased flooding at the intersection of Balsa Chica Street and Dunbar Avenue during normal rain events. 8. Recreation a. Comment: Also lacking support is the statement "the proposed project does not include recreational facilities nor require the construction or expensing of recreational facilities that would result in a significant adverse physical effect to the environment, therefore project related impacts with respect to recreation are not evaluated further in this draft EIR." The proposed Project is significantly under-parked according to existing zoning. The City of Huntington Beach has established parking standards that eliminate the need for street parking. If developed, this Project would cause excessive street parking that would inhibit access to the trail system. Parking is already in short supply for people visiting the Balsa Chica wetlands, and this project would severely impact the available street parking leading to the trailhead at the southerly terminus of Balsa Chica Street. The Project only considers parking spaces for the residential units and fails to address the required parking spaces for the estimated 110 employees who will work at the proposed multiple restaurants, wellness centers, and studio spaces. We can assume 62 units parked at a ratio of 0.65 spaces per unit when no mechanism is in place to control whether a unit is assisted living or normal senior housing. The parking should be evaluated as worst-case senior housing and a separate calculation added for the multiple restaurant-style dining venues, wellness centers, and studio spaces. Due to the lack of parking, this development does not support the protection 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 12 651 LSA and maintenance of environmental open-space resources. The lack of onsite parking will severely limit access to the Bolsa Chica trail system. b. Response: Under CEQA, parking is not an environmental issue. Nevertheless, the parking requirements for the proposed project are detailed in the Specific Plan, the adoption of which would be a discretionary action to be considered by the City as part of the proposed project. As discussed in Chapter 3, Project Description, of the Draft EIR, the proposed project would provide 207 parking spaces for residents, staff/employees, and visitors of the senior living community, 4 of which would be short-term surface parking spaces (at grade) under the porte chochere. A single-level subterranean parking garage would be built beneath the senior living community and would provide 203 parking spaces. An additional two parking spaces (not included in the project1 s total parking space count) would be provided in the loading area accessible from Warner Avenue. Based on the above, residents, staff, or visitors would not need to utilize existing street parking during operation of the proposed project. In addition, as discussed in Section 4.14, Population and Housing of the Initial Study (See Appendix A), although the facility is expected to employ approximately 110 employees during operation, employees would be staggered in shifts during which the number of employees on site would range from 20 to 40 employees. Employees would not utilize existing street parking spaces. Furthermore, visitor parking for the Balsa Chica Ecological Reserve is provided by two public parking lots: the northern parking lot is located at the Warner Avenue/Pacific Coast Highway access point and the southern parking lot is located at the Pacific Coast Highway access point across from Balsa Chica State Beach. Therefore, implementation of the proposed project is not expected to impact the availability of parking for visitors of the Balsa Chica Ecological Reserve or impact access to the Balsa Chica trail system. Additionally, as discussed in Section 4.16, Recreation, of the Initial Study (see Appendix A of the Draft EIR), Chapter 17.76.040, Parkland Acquisition and Park Facilities Development Impact Free, of the City1s Municipal Code requires the payment of in-lieu fees for park and recreational purposes as a condition of approving new residential and non-residential development. As such, the proposed project would be required to pay in-lieu fees to the City as a standard condition of project approval (see Standard Condition PS-4 in the Initial Study). With payment of the required park impact fees, the proposed projecf s contribution to deterioration of park and recreational facilities would be less than significant, and no mitigation is required. 9. Utilities and Service Systems -Wastewater a. Comment: Additionally unsupported is the statement "therefore, impacts related to the construction of wastewater treatment or collection facilities would be less than significant." Recently the Orange County Sanitation District upgraded the sewer force mains and lift stations throughout the City. These systems should have been designed to comply with the existing zoning and did not consider the increased density this Project carries. This Project should consider the cumulative effect of increasing the density of existing sites within the vicinity to verify that additional sewer capacity is available to serve this site and future 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01 \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 13 652 LSA developments of this nature. The EIR failed to provide an adequate sewer and water capacity study. b. Response: The proposed project's potential impacts on surrounding infrastructure, including water and wastewater (sewer) capacity, are analyzed in Section 4.19, Utilities, in the Initial Study (see Appendix A of the Draft EIR). As discussed in Section 4.19, the Utilities Division of the City's Public Works Department currently provides sewer service to the project site. The proposed project is anticipated to generate approximately 20,767 gpd of wastewater. The total amount of wastewater generated by the project represents approximately 0.03 percent of the daily treatment capacity at OCDS's Plant No. 2. Consequently, wastewater generated by the proposed project would be negligible (less than 1 percent) compared to the treatment facility's available capacity. Further, as part of the Conditional Use Permit approval process, the Applicant must demonstrate that the proposed sewer connection would have sufficient capacity to accommodate the proposed project with preparation of a Sewer Feasibility Study as specified in Standard Condition UTL-1. As specified in Standard Condition UTL-1, prior to issuance of a grading or building permit, the project Applicant shall submit a Sewer Feasibility Study prepared by a qualified civil engineer to the City of Huntington Beach Engineer, or designee, for review and approval. The Sewer Feasibility Study shall include a review of the existing sewer system that would serve the project site to confirm that it has available capacity to accept the wastewater flow generated by the proposed project's uses. Any required improvements shall be identified in the Sewer Feasibility Study. The analysis, conclusions, and recommendations in the Sewer Feasibility Study shall be based on final design plans and shall be consistent with all applicable City requirements. In the event that the Sewer Feasibility Study identifies insufficient sewer capacity to serve the proposed project, the project Applicant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity. Therefore, with implementation of Standard Condition UTL-1, the proposed project's impacts related to wastewater treatment would be less than significant. As described in Section 4.19, Utilities, of the Initial Study (see Appendix A of the Draft EIR) and in response to Comment 1 (Project Impacts) of this appeal letter above, the proposed project would result in less than significant impacts related to water supply and a water capacity study is not required for the proposed project. All future development project in the City would be required to demonstrate that water and wastewater providers would have adequate capacity to serve the project in addition to existing commitments. Therefore, the proposed project would not contribute a significant impact related to water or sewer capacity in conjunction with future redevelopment projects that have yet to be identified. 10. Project Impacts a. Comment: We dispute the statement that "given the current visual quality of the project site, implementation of the proposed project consistent with the development standards and design guidelines specified in the specific plan would promote a cohesive community 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 14 653 LSA identity and enhance the visual quality of the project site to viewers on an off-site." Increasing the maximum height of the building to 65 feet would block the skyline view from the public way. The open sky view at the corner of Bolsa Chica Street and Warner Avenue would be forever impacted by replacing it with a massive residential structure and destroying public view of the sky would have a negative impact on the community. Staff incorrectly concludes "therefore, implementation of the proposed project would not result in significant shade or shadow impacts to nearby residential uses." The shade and shadow study prepared by CRTKL is seriously flawed; a 65-foot-tall structure will cast a shadow in the easterly and westerly directions during sunrise and sunset during the spring and fall equinox; however, only the winter solstice was studied. This study proposes a shadow less than the building height. A study of the spring and fall equinox would prove expansive shadows would be cast on the residential properties to the east and west of the proposed development. b. Response: Development of the proposed project would result in a change to the existing skyline at the project site as viewed from public vantage points along Bolsa Chica Street and Warner Avenue. However, no designated scenic vistas or scenic resources are visible from the project site, and development of the proposed project would not obstruct any scenic views. The project site is located within an urbanized area predominantly developed with multiple-story commercial, industrial, and residential uses. The proposed project would be developed consistent with the design of existing development, which includes the informal aesthetic elements of the existing beach community and would use multilevel rooflines and varying building setbacks along Bolsa Chica Street and Warner Avenue to break up the scale and massing of the building. As described in Section 4.1, Aesthetics, of the Draft EIR, the consistency analysis shows that the proposed project would not conflict with the relevant goals and policies in terms of preserving the visual quality in the City such as ensuring new development projects are of compatible proportion, scale, and character to complement adjoining uses; and protecting existing Surf City culture and identify. Therefore, the proposed project would not result in a significant impact to the skyline or scenic resources. The EIR includes shade and shadow study of the potential shade and shadow effects of the Project during morning and early afternoon hours to graphically show potential impacts on neighboring properties. Shadows cast by structures vary in length and direction throughout the day and from season to season. Shadow lengths increase during the "low sun" or winter season and are longest on the winter solstice. The winter solstice, therefore, represents the worst-case shadow condition, and the potential for loss of access to sunlight that a project could cause is greatest. Shadow lengths are shortest on the summer solstice. Shadow lengths on the spring and fall equinoxes would fall midway between the summer and winter extremes. Two figures were prepared to illustrate the morning and afternoon shade effects of the proposed project on nearby residential uses during both the winter and summer solstices (see Appendix C, Bolsa Chica Senior Living Community Shadow Studies, of the Draft EIR). As shown on those figures, during both the winter and summer solstices, no shadows would be cast in either the morning or afternoon hours on the apartment complex buildings to the west or the single-family residential homes to the east. Shadows from the proposed 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.0l \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 15 654 LSA project would be cast primarily on Balsa Chica Street and Warner Avenue during the winter solstice, and on Balsa Chica Street and the apartment complex carports to the west of the project site during the summer solstice. Therefore, implementation of the proposed project would not result in significant shade or shadow impacts to nearby residential uses. It is also worth noting that the proposed project has been designed to minimize shading on light- sensitive uses in the surrounding area. By siting the proposed project on the south side of a major commercial corridor, most of the shadows cast by the proposed building would fall on Warner Avenue itself or commercial uses on the other side of the street, which are not light- sensitive. 11. Cumulative Impacts a. Comment: Approval of the General Plan amendment and Zoning amendment would not "render the proposed project consistent with the city's establish development standards and no mitigation would be required. 11 The existing zoning has been in place for years and has been relied upon by the residents to protect the integrity of the community. Allowing the General Plan amendment and the Zoning Map amendment to change the zoning from CG to Specific Plan would cause long-term environmental impacts to the community. If this Project is built a landslide of similar developments will forever change the character and density of the community, as evidenced by the recent development at Bella Terra and downtown Huntington Beach. This Project must evaluate the cumulative impacts of all sites of similar nature that would be subject to redevelopment. This Project is not compatible with the long-term established development standards in the area. b. Response: The General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and adoption of the Specific Plan are discretionary actions to be considered by the City as part of the proposed project, independent of the CEQA environmental impact analysis. The General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and adoption of the Specific Plan are project site specific, and once approved, only apply to the project site and are not transferrable to parcels in the surrounding area. Pursuant to Section 15130 of the State CEQA Guidelines, cumulative impacts are the incremental effects of an individual project when viewed in connection with the effects of past, current, and probable future projects within the cumulative impact area for land use. Pursuant to CEQA, a project is not required to analyze the cumulative impacts of a project in conjunction with future projects that have yet to be identified and are not currently in the planning phases of development. A list of the approved and pending projects in the City that are within 3 miles of the project site and were used in the cumulative impact analysis for the Draft EIR are provided in Table 4.A, Cumulative Projects List, in Section 4.0 of the Draft EIR. Based on the analysis provided in Section 4.7.10 of the Draft EIR, the proposed project would not result in a significant cumulative land use compatibility impact in the City. As discussed in Section 4.7, Land Use and Planning, of the Draft EIR, all future projects proposed in the City that require discretionary approval, including projects potentially similar in scale to the proposed project, would be subject to their own project-specific environmental review and analysis pursuant to CEQA. Review and approval of future 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 16 655 LSA projects by the City would be based on their own project-specific environmental impacts and individual project merits. As stated above, the discretionary planning actions associated with the proposed project are project site-specific and would not directly result in amendments to other parcels in the surrounding area or elsewhere in the City. Therefore, the proposed project would not contribute a significant cumulative land use compatibility impact on the environment or the surrounding community in conjunction with future redevelopment projects that have yet to be identified or by creating a precedent for similar future development. 12. Air Quality a. Comment: The EIR failed to study air quality in the vicinity of the Project and used air quality data from Anaheim, California, which is approximately ten miles from the proposed development. As stated in the initial study, "occupants of facilities such as schools, daycare centers, parks and playgrounds, hospitals and nursing and convalescent homes are considered to be more sensitive than the general public to air pollutants because these population groups have increased susceptibility to respiratory disease." The air quality study fails to consider the proposed development and the residents who will be living in the proposed development. Balsa Chica Street and Warner Avenue are both three-lane major highways that produce a significant amount of emissions. The study should consider the effect of these emissions on the people who will be living in the proposed development. As stated in the EIR, "Air pollutant exposures and their associated health burdens vary considerably within places in relation to sources of air pollution. Motor vehicle traffic is perhaps the most important source of intra-urban spatial variation in air pollution concentration." Obviously, this site is not suitable for senior housing due to the proximity of the high-volume roadways. Table 4.7.B: Gen. plan consistency analysis ERC-A We disagree with the statement "these recreational and open-space elements would be for private use by residents and not open to the public but are anticipated to reduce the strain on surrounding parks and open spaces as residents would be more likely to use the on-site facilities." The proposed Project does nothing to maintain the current Park per capita ratio of 5.0 acres per 1,000 persons, as the proposed development does not include any public open space for parks. b. Response: As stated in Section 4.2, Air Quality, of the Draft EIR, air quality monitoring stations are located throughout the nation and are maintained by the local air pollution control district and State air quality regulating agencies in compliance with State and federal air quality regulations. The South Coast Air Quality Management District {SCAQMD), together with CARB, maintains ambient air quality monitoring stations in the Basin. Air quality data used in the air quality analysis for the proposed project was obtained from the closest air quality monitoring station to the project site, which is located at 1630 West Pampas Lane in Anaheim, California. Therefore, the air quality analysis provided in the Draft EIR utilized the closest air quality monitoring data available for the project site. The air 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.0l \04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 17 656 LSA quality analysis provided in the Draft EIR is consistent with current regulatory requirements and policies pertaining to the analysis of a project's air quality impact pursuant to CEQA. CEQA is intended to evaluate potential impacts of a proposed project on the surrounding environment and does not require the Lead Agency to evaluate the potential impacts of the environment on a proposed project, unless there is evidence that the project will exacerbate an existing significant environmental impact. The Draft EIR documents that the proposed project will reduce trips as compared to existing conditions. In the 2015 case California Building Industry Association v. Bay Area Quality Management District, the California Supreme Court ruled that in general, CEQA does not require analysis nor mitigation of the impact of existing environmental conditions on a project's users or residents. An exception applies when a proposed project risks exacerbating existing environmental hazards, but only when the proposed project's impact on the environment, not the environment's impact on the proposed project, compels the evaluation. The comment generally focuses on potential impacts of the surrounding transportation network and associated emissions on the proposed project's future residents, which is not required to be evaluated under CEQA. Because this comment is concerned with air quality impacts originating from the surrounding transportation network affecting the residents at the project site, precedent set by California Building Industry Association v. Bay Area Quality Management District applies and no analysis of the suggested impacts with respect to CEQA is required. As discussed in Section 4.15, Public Services, of the Initial Study (see Appendix A of the Draft EIR), the City maintains a parkland level of service goal of 5 acres of parkland per 1,000 residents. Based on the City's estimated 2022 population of 196,100 (California Department of Finance 2022) and the City's parkland-to-resident ratio, the City provides approximately 5.47 acres of parkland per 1,000 residents, which exceeds the City's minimum standard. As discussed in Section 4.14, Population and Housing, of the Initial Study (see Appendix A of the Draft EIR), implementation of the project would result in a population increase of approximately 278 senior residents. Given the City's parkland-to-resident level of service ratio, project implementation would create the need for 1.39 acres of parkland, which represents approximately 0.13 percent (thirteen hundredths of one percent) of the City's total existing 1,073 acres of public parklands. Although the project would incrementally increase the need for park facilities in the City, the increase of 0.13 percent would be negligible as it represents well less than 1 percent of the City's existing parkland. Furthermore, the City would continue to meet the parkland-to-resident ratio standard with the addition of 278 senior living residents and the proposed project would be consistent with Policy ERC-A of the City's General Plan. The proposed community will include shared indoor and outdoor recreational spaces. Residents of the senior living community are not anticipated to use off-site parkland and recreational facilities, as the community is intended to contain on-site services and amenities for the daily needs of the proposed project's residents. Nevertheless, some project employees, residents, or their visitors may use other public recreational facilities. As a result, the project would create an incremental increase in the use of area parks. Chapter 17. 76.040, Parkland Acquisition and Park Facilities Development Impact Fee, of the City's 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 18 657 LSA Municipal Code requires the payment of in-lieu fees for park and recreational purposes as a condition of approving new non-residential development. The proposed project would be required to pay in-lieu fees to the City as a standard condition of project approval (see Standard Condition PS-4). With payment of the required park impact fees, the proposed project's contribution to deterioration of parks and recreation facilities would be less than significant. Sincerely, LSA Associates, Inc. ?--~ Ryan Bensley Principal Attachment: Appeal of Planning Commission Decision to Approve Conditional Use Permit (CUP) No. 21-024 -Balsa Chica Senior Living Community letter filed by Michael McMahon of Carmel & Naccasha LLP (annotated) 10/20/23 (\\lsaazfiles.file.core.windows.net\projects\HBC2201.01\04.3 -Final EIR\Appeal Letter Response\Bolsa Chica_AppealletterResponse.docx) 19 658 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk NOTICE OF APPEAL TO CITY COUNCIL Appeal of Planning Commission Decision Date: October 5, 2023 To: Community Development Department City Attorney City Council Office Administration Chair and Planning Commission Public Works Department Filed by: Michael McMahon of Carmel & Naccasha LLP Re: APPEAL OF PLANNING COMMISSION DECISION TO APPROVE CUP NO. 21-024 - BOLSA CHICA SENIOR LIVING COMMUNITY Date for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: $4,582.00 Completed by: Tania Moore, Senior Deputy City Clerk IN ORDER TO MEET A 10-DAY PRE-HEARING ADVERTISING DEADLINE, OUR AGENDA SCHEDULE STATES LEGAL NOTICE AND MAILING LABELS MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 18 DAYS PRIOR TO PUBLIC HEARING DATE *FOR ITEMS THAT REQUIRED EXPANDED ADVERTISING, PLEASE CONSULT WITH THE CITY ATTORNEY'S OFFICE Sister City: Anjo, Japan 659 Robin Estanislau City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 " ACCASHA LLP -------ATTORNEYS at LAW - October 4, 2023 RE: Conditional Use Permit 21-024 • Bolsa Chica Senior Living Community Dear Ms. Estanislau: mmcmahon@carnaclaw.com Carmel & N accasha, LLP, has been retained by Brian Thienes to submit these preliminary comments objecting to and appealing the approval of the above-referenced Conditional Use Permit (''CUP") by the Planning Commission on September 26, 2023 to the City Council. Mr. Thienes is the owner of certain real property located in the City of Huntington Beach, near the proposed Bolsa Chica Senior Living Community located at 4952 and 4972 Warner Avenue, Huntington Beach, CA("Project"). The size, mass, and scale of the Project is entirely inconsistent with the size, scale and character of the surrounding neighborhood and community. Our comments and objections to the CUP and Project are as follows: California law requires that findings in support of land use decisions of this nature be supported by substantial evidence in the administrative record. Below are specific deficiencies in the findings approved by the Planning Commission. Land Use Element: Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. SAN LUIS OBISPO OFFICE: 694 Si\NTA ROSA STREET• SAN LUIS OBlSP0, CA 93401 • TEL: 805.546.8785 • FAX: 805.546.8015 PASO ROBLES OFFICE: 1908 SPRING STREET• P,\S0 ROBI,ES, CA 93446 • TEL: 805.226.4148 • FAX: 805.226.4147 WEBSITE ADDRESS: \'\i\XiW.CARNACL1\ W/ .COM 660 1 Robin Estanislau Page 2 of 6 October 4, 2023 CARMEL & NACCASHA LLP The findings justifying the foregoing goals and policies are simply conclusory statements, unsupported by substantial evidence in the administrative record, as required by law. The fact is that the Project is not consistent with the overall goals and needs of the community, is not of compatible proportion, scale and character to complement adjoining uses, does not intensify the use or strengthen the roles of architecture, landscaping, site design and development patterns, and will not provide a housing range that meets diverse economic and social needs or maintain and protect the neighborhood character. Housing Element: Goal H1: Maintain and enhance the quality and affordability of existing housing in Huntington Beach. Policy H2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability. Again, the findings justifying the foregoing goals and policies are simply conclusory statements, unsupported by substantial evidence in the administrative record, as required by law. The Project will not enhance the affordability of existing housing, nor will it provide a site opportunity to develop housing that meets the diverse community needs in terms of housing type and cost. Furthermore, Mr. Thienes objects to the method by which the CUP was approved, specifically consideration of the CUP separately from the General Plan amendment, Zoning Map amendment, and certification of the EIR. If the CUP were unchallenged, the City Council would be robbed of the ability to modify the findings and conditions while considering the legislative amendments and certification of the EIR. Since no conditions can be placed on legislative amendments, this bifurcated approval method usurps decision making authority that rightly belongs to the City Council. In addition, Mr. Thienes objects to the General Plan amendment to change the land use designation from CG to mixed-use (MU) and objects to the Zoning Map amendment to change the zoning from CG to specific plan (SP). Mr. Thienes also objects to the increase in allowable floor area ratio to 2.5 and to raising the maximum building height to 65 feet. The impact to the environment has not been reasonably assessed and conclusions of the Environmental Impact Report ("EIR") lack support. The Project's inconsistency with the City of Huntington Beach policy and zoning will cause significant physical environmental impacts to Mr. Thienes's neighborhood. Additional comments and concerns regarding the EIR are as follows: Project Impacts The statement ''the proposed project would not result in significant and unavoidable adverse impacts to the existing environmental setting" lacks factual support. The Project would create a precedent for future development, and the EIR does not consider that the approval of the Project will pave the road for future similar developments in the area. The effects of allowing 661 Robin Estanislau Page 3of 6 October 4, 2023 CARMEL & NACCASHA LLP a specific plan to subvert zoning regulations would lead to increased interest in developing surrounding projects of a similar nature. The Project needs to study the long-term cumulative 1 cont. impact of increasing the code-required maximum density, the lack of code-required parking, and the effect on the adjoining neighborhood and their ability to absorb the street parking that would result from the deficiency of the required parking. The EIR should also study the long-term effects of the sewer capacity and water capacity of the surrounding existing development of similar nature that could be redeveloped if the Planning Commission's approval of the Project stands. The EIR failed to provide a sewer capacity and water capacity study. 2 3 4 5 Alternatives An alternate project could be proposed that complies with the existing zoning that is also consistent with the surrounding community. Also lacking support is the conclusion that "the no project alternative would result in greater environmental impacts to air quality and transportation to the surrounding circulation system due to the greater number of vehicle trips to and from the project site." Zoning similar to the adjacent properties would actually result in less impact than the proposed Project but would still achieve the goal of providing senior housing. Aesthetics -Height The conclusion that "the proposed project would not conflict with relevant goals and policies in terms of preserving the visual quality in the city," is also completely unsupported. The City has developed zoning standards which do not allow for a 65-foot-high building structure. The building structure would tower over the existing residences which are only two stories tall. The proposed structure is not compatible in proportion, scale, or character to the adjoining uses. Land Use and Planning The Project would cause significant environmental impacts due to the conflict with the existing land use plan. Upholding the Planning Commission's approval of this Project would lead to approval of multiple projects in the area which would have a massive cumulative impacts on the community, including aesthetics, traffic, noise, solar access, wind access, and impacts to the infrastructure, such as water and sewer capacities and street parking. The Project is inconsistent with the City's established development standards, which were applied to the surrounding infrastructure. The surrounding infrastructure was not designed to handle the proposed densities. The overall impact to the surrounding community would be far from 'less than significant' when the cumulative effect of future developments similar to the proposed Project is considered. Utilities and Service Systems -Energy The statement that "the proposed project would have less than significant impacts associated with electric power and natural gas" is wholly unsupported. The cumulative effect of approving this Project would lead to similar developments in the area, which would have a major impact to the available electricity and natural gas. The existing infrastructure is not sufficient for the bulk, density, and mass of the proposed development. Approval of this Project would cause 662 Robin Estanislau Page 4 of 6 October 4> 2023 CARMEL & NACCASHA LLP 5 cont. I additional projects of a similar nature that would have a cumulative effect on the availability of electricity and natural gas. 6 7 8 Aesthetics -Light The conclusion that the Project will "not create a source of substantial light or glare" similarly lacks evidentiary support. Security and patio lighting on the 5th floor would be seen from the entire neighborhood. Nothing in the EIR evaluated the lighting spillover into the wetlands that requires dark sky. If the Brightwater development respects the dark sky requirements of the Bolsa Chica Ecological Preserve, this Project must address the impact to the Balsa Chica Ecological Preserve. The proposed building elevations in the EIR appear to show exterior lighting fixtures that are not properly shielded. The Project as approved cannot provide adequate lighting for the patio areas and still shield all of the light spillover into the surrounding neighborhood and wetlands. Hydrology and Water Quality Bolsa Chica Street and Warner Avenue lack sufficient storm drain facilities to capture runoff from the east that flows to the intersection of Balsa Chica Street and Dunbar Drive, and as. a result this intersection experiences flooding during normal rain events. The adjacent existing parking lot serves as an incidental detention basin and helps protect the surrounding properties. The EIR fails to analyze and address the effect of construction over the parking lot, which would reduce the available ponding space and could cause flooding on adjacent properties. This Project will increase the depth of flooding at the intersection of Bolsa Chica Street and Dunbar Drive. Recreation Also lacking support is the statement "the proposed project does not include recreational facilities nor require the construction or expensing of recreational facilities that would result in a significant adverse physical effect to the environment, therefore project related impacts with respect to recreation are not evaluated further in this draft EIR." The proposed Project is significantly under-parked according to existing zoning. The City of Huntington Beach has established parking standards that eliminate the need for street parking. If developed, this Project would cause excessive street parkingthat would inhibit access to the trail system. Parking is already in short supply for people visiting the Bolsa Chica wetlands, and this project would severely impact the available street parking leading to the trailhead at the southerly terminus of Bolsa Chica Street. The Project only considers parking spaces for the residential units and fails to address the required parking spaces for the estimated 110 employees who will work at the proposed multiple restaurants, wellness centers, and studio spaces. We can assume 62 units parked at a ratio of 0.65 spaces per unit when no mechanism is in place to control whether a unit is assisted living or normal senior housing. The parking should be evaluated as worst-case senior housing and a separate ·calculation added for the multiple restaurant-style dining venues, wellness centers, and studio spaces. Due to the lack of parking, this development does not support the protection and maintenance of environmental open-space resources. The lack of on- site parking will severely limit access to the Balsa Chica trail system. 663 9 Robin Estanislau Page 5 of 6 Octobel' 4, 2023 Utilities and Service Systems -Wastewater CARMEL & NACCASHA LLP Additionally unsupported is the statement "therefore, impacts related to the construction of wastewater treatment or collection facilities would be less than significant." Recently the Orange County Sanitation District upgraded the sewer force mains and lift stations throughout the City. These systems should have been designed to comply with the existing zoning and did not consider the increased density this Project carries. This Project should consider the cumulative effect of increasing the density of existing sites within the vicinity to verify that additional sewer capacity is available to serve this site and future developments of this nature. The EIR failed to provide an adequate sewer and water capacity study. Project Impacts We dispute the statement that "given the current visual quality of the project site, implementation of the proposed project consistent with the development standards and design guidelines specified in the specific plan would promote a cohesive community identity and enhance the visual quality of the project site to viewers on an off-site." Increasing the maximum height of the building to 65 feet would block the skyline view from the public way. The open sky view at the corner of Balsa Chica Street and Warner Avenue would be forever impacted by replacing it with a massive residential structure and destroying public view of the sky would have 1 O a negative impact on the community. 11 12 Staff incorrectly concludes "therefore, implementation of the proposed project would not result in significant shade or shadow impacts to nearby residential uses." The shade and shadow study prepared by CRTKL is seriously flawed; a 65-foot-tall structure will cast a shadow in the easterly and westerly directions during sunrise and sunset during the spring and fall equinox; however, only the winter solstice was studied. This study proposes a shadow less than the building height. A study of the spring and fall equinox would prove expansive shadows would be cast on the residential properties to the east and west of the proposed development. Cumulative Impacts Approval of the General Plan amendment and Zoning amendment would not "render the proposed project consistent with the city's establish development standards and no mitigation would be required." The existing zoning has been in place for years and has been relied upon by the residents to protect the integrity of the community. Allowing the General Plan amendment and the Zoning Map amendment to change the zoning from CG to Specific Plan would cause long-term environmental impacts to the community. If this Project is built a landslide of similar developments will forever change the character and density of the community, as evidenced by the recent development at Bella Terra and downtown Huntington Beach. This Project must evaluate the cumulative impacts of all sites of similar nature that would be subject to redevelopment. This Project is not compatible with the long-term established development standards in the area. Air Quality The EIR failed to study air quality in the vicinity of the Project and used air quality data from Anaheim, California, which is approximately ten miles from the proposed development. 664 12 cont. Robin Estanislau Page 6 of 6 October 4, 2023 CARMEL & NACCASHA LLP As stated in the initial study, "occupants of facilities such as schools, daycare centers, parks and playgrounds, hospitals and nursing and convalescent homes are considered to be more sensitive than the general public to air pollutants because these population groups have increased susceptibility to respiratory disease." The air quality study fails to consider the proposed development and the residents who will be living in the proposed development. Bolsa Chica Street and Warner Avenue are both three-lane major highways that produce a significant amount of emissions. The study should consider the effect of these emissions on the people who will be living in the proposed development. As stated in the EIR, "Air pollutant exposures and their associated health burdens vary considerably within places in relation to sources of air pollution. Motor vehicle traffic is perhaps the most important source of intra-urban spatial variation in air pollution concentration." Obviously, this site is not suitable for senior housing due to the proximity of the high-volume roadways. Table 4. 7.B: Gen. plan consistency analysis ERC-A We disagree with the statement "these recreational and open-space elements would be for private use by residents and not open to the public but are anticipated to reduce the strain on surrounding parks and open spaces as residents would be more likely to use the on-site facilities." The proposed Project does nothing to maintain the current Park per capita ratio of 5.0 acres per 1,000 persons, as the proposed development does not include any public open space for parks. In conclusion and for the foregoing reasons, we urge the Huntington Beach City Council to uphold the appeal of the CUP and deny approval of the Project unless and until the issues identified in this letter have been resolved satisfactorily. MMM/hnh Sincerely, CARMEL & NACCASHA LLP mi.vktt m .. mvmaluti Michael McMahon D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-3 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure 4.1: Aesthetics The proposed project would not result in any significant adverse impacts related to aesthetics. No mitigation is required. 4.2: Air Quality RCM AQ-1 SCAQMD Rule 403. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventative measures by using the following procedures, in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403 during construction. The applicable Rule 403 measures are as follows: l Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). l Water active sites at least twice daily (locations where grading is to occur shall be thoroughly watered prior to earthmoving). l Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet (0.6 meter) of freeboard (vertical space between the top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code Section 23114. l Pave construction access roads at least 100 feet (30 meters) onto the site from the main road. l Reduce traffic speeds on all unpaved roads to 15 miles per hour or less. Construction Contractor / City of Huntington Beach During clearing, grading, earth moving, or excavation operations. RCM AQ-2 All trucks that are to haul excavated or graded material shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Construction Contractor / City of Huntington Beach During clearing, grading, earth moving, or excavation operations. RCM AQ-3 Prior to approval of the project plans and specifications, the City of Huntington Beach shall confirm that the construction bid packages specify: l Contractors shall use high-volume low-pressure paint applicators with a minimum transfer efficiency of at least 50 percent; l Coatings and solvents that will be utilized have a volatile organic compound content lower than required under SCAQMD Rule 1113; and l To the extent feasible, construction/building materials shall be composed of pre-painted materials. Construction Contractor / City of Huntington Beach Prior to approval of the project plans and specifications. RCM AQ-4 The project shall comply with SCAQMD Rule 402. Rule 402 prohibits the discharge of air contaminants or other material from any type of operations, which can cause nuisance or annoyance to any considerable number of people or to the public or which endangers the comfort or repose of any such persons, or the public. Construction Contractor / City of Huntington Beach During construction of the proposed project. 665 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-4 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure 4.3 Cultural Resources MM CUL-1 Archaeological Site Monitoring. Prior to the issuance of a grading permit, a City of Huntington Beach-approved archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) for the proposed project. The AMMP shall include protocols for mitigation of any finds through a Research Design and Recovery Plan outlining significance testing of the inadvertent finds, laboratory analyses, curatorial requirements, and reporting requirements. The AMMP shall include language that all work must be stopped within 50 feet of an archaeological find while the find is assessed by the archaeologist and any Native American monitors. The City-approved archaeologist shall oversee archaeological monitoring of construction- related ground disturbance. Monitoring shall continue until the archaeologist determines that there is a low potential for encountering subsurface archaeological, cultural, or tribal cultural resources. In the event that archaeological cultural resources are identified during ground- disturbing project activities, the protocols outlined in the project’s AMMP shall be implemented. Qualified Archaeologist Prior to the issuance of a grading permit. During construction- related ground disturbance until the archaeologist determines that there is a low potential for encountering subsurface archaeological, cultural, or tribal cultural resources. 4.4 Energy The proposed project would not result in any significant adverse impacts related to energy. No mitigation is required. 4.5: Geology and Soils MM GEO-1 A City of Huntington Beach (City)-approved Paleontologist shall be retained to observe grading activities during grading or trenching activities that cut into the Pleistocene wave-cut marine terrace units. Prior to issuance of any permits the Paleontologist shall prepare a Paleontological Resource Impact Management Plan (PRIMP) to orient the protocols for monitoring and fossil recovery. City-approved Paleontologist / City of Huntington Beach Prior to the issuance of any permits. During grading or trenching activities that cut into the Pleistocene wave-cut marine terrace units. MM GEO-2 The City-approved Paleontologist shall be present at the pre-grade conference and shall establish procedures for paleontological resource surveillance and procedures for temporarily halting and redirecting work to permit sampling and identification and evaluation of fossils. If the resources are deemed to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. Full-time monitoring and salvage efforts will be necessary whenever previously undisturbed sediments are being disturbed (8 hours per day during grading or trenching activities). Once City-approved Paleontologist / City of Huntington Beach During pre-grade conference prior to grading operations. Prior to disturbance of previously undisturbed 666 D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-5 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure the earth moving is 50 percent completed, monitoring may be reduced if no fossils are being recovered. The paleontologist shall be empowered to temporarily divert or direct grading operations to facilitate assessment and salvaging of exposed fossils. Collection and processing of matrix samples through fine screens will be necessary to salvage any micro-vertebrate remains. If a deposit of micro-vertebrates is discovered, matrix material can be moved off to one side of the grading area to allow for further screening without delaying the developmental work. Collected fossils shall be prepared to the level of identification, and all fossils shall be identified to the most specific taxonomic level possible. All fossils and their contextual stratigraphic data shall go to an institution with a research interest in the materials. A final report that details methods, fossils recovered, and their significance shall be prepared and submitted to the City, the client, and the institution curating the fossils. This document shall also show compliance with any and all requirements. sediments. 4.6: Greenhouse Gas Emissions The proposed project would not result in any significant adverse impacts related to greenhouse gas emissions. No mitigation is required. 4.7: Land Use and Planning The proposed project would not result in any significant adverse impacts related to land use and planning. No mitigation is required. 4.8: Noise SC NOI-1 Prior to issuance of building permits, the City of Huntington Beach (City) Director of Community Development Department, or designee, shall verify that grading and construction plans include the following requirements: · Ensure that the greatest distance between noise sources and sensitive receptors during construction activities has been achieved. · Construction equipment, fixed or mobile, shall be equipped with properly operating and maintained noise mufflers consistent with manufacturers’ standards. · Construction staging areas shall be located away from off-site sensitive uses during the later phases of project development. · The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site whenever feasible. · The construction contractor shall use on-site electrical sources to power equipment rather than diesel generators where feasible. City of Huntington Beach Director of Community Development Department, or designee. Noise disturbance coordinator. Prior to the issuance of building permits. 667 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-6 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure · All residential units located within 500 feet of the construction site shall be sent a notice regarding the construction schedule. A sign, legible at a distance of 50 feet, shall also be posted at the construction site. All notices and the signs shall indicate the dates and duration of construction activities, as well as provide a telephone number for the “noise disturbance coordinator.” · A “noise disturbance coordinator” shall be established. The disturbance coordinator shall be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall be required to implement reasonable measures to reduce noise levels. All notices that are sent to residential units within 500 feet of the construction site and all signs posted at the construction site shall list the telephone number for the disturbance coordinator. 4.9: Tribal Cultural Resources MM TCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The Applicant shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation (Kizh Nation) and the Juaneño Band of Mission Indians – Acjachemen Nation (Acjachemen Nation). The monitors shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tre e removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the City prior to the earlier commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitors shall complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Kizh Nation and the Acjachemen Nation. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCRs”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of Approved Native American Monitor Prior to the commencement of any ground- disturbing activities. 668 D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-7 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure monitor logs shall be provided to the Applicant and City upon written request to the Kizh Nation and the Acjachemen Nation. D. On-site tribal monitoring shall conclude upon the latter of the following: (1) written confirmation to the Kizh Nation and the Acjachemen Nation from a designated point of contact for the Applicant that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh Nation and the Acjachemen Nation to the Applicant and City that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh Nation and Acjachemen Nation TCRs. E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh Nation and Acjachemen Nation monitor and/or archaeologist. The Kizh Nation and Acjachemen Nation shall recover and retain all discovered TCRs in the form and/or manner the tribal groups deem appropriate and for any purpose the tribes deem appropriate, including for educational, cultural and/or historic purposes. MM TCR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects. A. Native American human remains are defined in Public Resources Code (PRC) 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the Coroner has determined the nature of the remains. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC), and PRC Section 5097.98 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California PRC Sections 5097.98(d)(1) and (2). D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh Nation Construction Contractor and County Coroner During construction activities. 669 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-8 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure and Acjachemen Nation monitors determine that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh Nation and Acjachemen Nation monitors and/or archaeologists deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. MM TCR-3 Procedures for Burials and Funerary Remains. A. If the Native American Heritage Commission designates the Kizh as the Most Likely Descendant (“MLD”) for any human remains discovered or recognized on the project site, the Koo-nas-gna Burial Policy shall be implemented. To the Kizh Nation, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be Kizh Nation During construction activities. 670 D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-9 Table 7.A: Mitigation and Monitoring Reporting Program Draft EIR Mitigation Measures, Standard Conditions, or Regulatory Compliance Measures Responsible Party/ Approving Agency Timing for Mitigation Measure posted outside of working hours. The Kizh Nation will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. E. In the event that preservation in place is not possible despite good faith efforts by the project applicant/ developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within 6 months of recovery. The site of reburial/ repatriation shall be on the project site but at a location agreed upon between the Kizh Nation and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. G. The Kizh Nation will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Kizh Nation, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery-related forms of documentation shall be approved in advance by the Kizh Nation. If any data recovery is performed, once complete, a final report shall be submitted to the Kizh Nation and the NAHC. The Kizh Nation does NOT authorize any scientific stu dy or the utilization of any invasive and/or destructive diagnostics on human remains. 4.10: Utilities and Service Systems The proposed project would not result in any significant adverse impacts related to utilities and service systems. No mitigation is required. 671 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-10 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Responsible Party/ Approving Agency Timing for Compliance Measure Aesthetics SC AES-1 Photometric Plan. Prior to issuance of any building permits, the project Applicant shall prepare a photometric plan for review and approval by the City of Huntington Beach (City) Director of Community Development, or designee. The photometric plan shall be prepared by a qualified engineer and shall demonstrate, to the extent feasible, that the intensity and direction of all onsite outdoor lighting minimize spillage and glare onto adjacent properties. Qualified Engineer / City of Huntington Beach Director of Community Development, or designee Prior to the issuance of any building permits. Agriculture and Forestry Resources The proposed project would not require any standard conditions related to agriculture and forestry. Biological Resources SC BIO-1 Compliance with Migratory Bird Treaty Act (MBTA). Tree and vegetation removal shall be restricted to outside the active nesting season (February 1 through August 31). If construction is proposed between February 1 and August 31, a qualified biologist familiar with local avian species and the requirements of the MBTA and the California Fish and Game Code shall conduct a pre-construction survey for nesting birds no more than 3 days prior to construction. The survey shall include the entire area that will be disturbed. For any active nest(s) identified, the qualified biologist shall establish an appropriate buffer zone around any active nest(s). The appropriate buffer shall be determined by the qualified biologist based on species, location, and the nature of the proposed activities. Project activities shall be avoided within the buffer zone until the nest is deemed no longer active, as determined by the qualified biologist. Qualified Biologist / City of Huntington Beach Director of Community Development, or designee Prior to tree and vegetation removal if such removal is proposed between February 1 and August 31. Cultural Resources SC CUL-1 Human Remains. In the event that human remains are encountered on the project site, work within 50 feet of the discovery shall be redirected and the County Coroner notified immediately consistent with the requirements of California Code of Regulations (CCR) Section 15064.5(e). State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the City of Huntington Beach (City), the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and non-destructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City shall consult with the MLD as identified by the NAHC to develop an agreement for Construction Contractor and County Coroner / City of Huntington Beach Director of Community Development, or designee Prior to issuance of grading permits. During construction activities. 672 D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-11 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Responsible Party/ Approving Agency Timing for Compliance Measure treatment and disposition of the remains. Prior to the issuance of grading permits, the City Director of Community Development, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98, as stated above. Geology and Soils SC GEO-1 Compliance with the Recommendations in the Project Geotechnical Investigation Report. The Construction Contractor shall implement the recommendations of the Geotechnical Investigation Report prepared for the project and applicable sections of the most current California Building Standards Code, the Uniform Building Code (UBC), and the Huntington Beach Building and Construction Code. Prior to issuance of building permits for the project, the Project Soil Engineer shall review the building plans to verify that the structural design conforms to the requirements of the Geotechnical Investigation Report, the UBC, and the Huntington Beach Building and Construction Code. Construction Contractor and Project Soil Engineer / City of Huntington Beach Prior to issuance of building permits. During construction activities. Hazards and Hazardous Materials SC HAZ-1 Soil Management Plan. The Construction Contractor shall implement the Soil Management Plan prepared for the project during excavation and soil-disturbing activities. The handling of any impacted material observed during site grading and excavation shall be handled in accordance with the guidelines provided in the Soil Management Plan and in accordance with all applicable transportation and disposal regulations. Construction Contractor / City of Huntington Beach Director of Community Development, or designee During excavation and soil disturbing activities. SC HAZ-2 Asbestos and Lead-Based Paint Survey. Prior to initiation of construction activities on the project site a thorough asbestos and lead-based paint survey of the two existing buildings on site shall be conducted by a qualified professional. If asbestos and/or lead-based paint are detected during the survey, abatement and removal procedures in accordance with local and state regulations shall be followed during demolition of the buildings. Qualified Asbestos and Lead-Based Paint Professional / City of Huntington Beach Director of Community Development, or designee Prior to initiation of construction activities. During demolition of buildings. 673 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-12 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Responsible Party/ Approving Agency Timing for Compliance Measure Hydrology and Water Quality SC WQ-1 Construction General Permit. Prior to issuance of a grading permit, the project Applicant shall obtain coverage under the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System No. CAS000002, as amended by Orders No. 2010-0014-DWQ and 2012-0006-DWQ) (Construction General Permit). This shall include submission of Permit Registration Documents (PRDs), including a Notice of Intent for coverage under the permit to the State Water Resources Control Board (SWRCB) via the Stormwater Multiple Application and Report Tracking System (SMARTs). The project Applicant shall provide the Waste Discharge Identification Number (WDID) to the Director of the City of Huntington Beach (City) Public Works Department, or designee, to demonstrate proof of coverage under the Construction General Permit. Project construction shall not be initiated until a WDID is received from the SWRCB and is provided to the Director of the City’s Public Works Department, or designee. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the proposed project in compliance with the requirements of the Construction General Permit. The SWPPP shall identify construction best management practices (BMPs) to be implemented to ensure that the potential for soil erosion and sedimentation is minimized and to control the discharge of pollutants in stormwater runoff as a result of construction activities. Upon completion of construction and stabilization of the site, a Notice of Termination shall be submitted via SMARTs. Applicant / Director of the City of Huntington Beach Public Works Department, or designee Prior to issuance of grading permit and initiation of construction activities. SC WQ-2 Erosion and Sediment Control Plan. In compliance with the requirements of Title 17 Buildings and Construction, Chapter 17.05 Grading and Excavation Code, subsection 17.05.320 Erosion Control Plans of Huntington Beach Municipal Code, the project Applicant shall submit a grading plan and erosion control plan to the Director of the City Public Works Department, or designee, for review and approval prior to issuance of a grading permit. The project Applicant shall also submit erosion and sediment control plans annually to the Director of the City Public Works Department, or designee, for review and approval by September 15th of each year during construction. Applicant / Director of the City of Huntington Beach Public Works Department, or designee Prior to issuance of grading permit. September 15th of each year during construction. SC WQ-3 Water Quality Management Plan. Prior to the issuance of grading or building permits, the project Applicant shall submit a Final Water Quality Management Plan (WQMP) to the City Engineer, or designee, for review and approval in compliance with the requirements of the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County within the Santa Ana Region Areawide Urban Storm Water Runoff Orange County (Order No. R8- 2009-0030, NPDES No. CAS618030, Applicant / City Engineer, or designee Prior to the issuance of grading or building permits. 674 D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-13 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Responsible Party/ Approving Agency Timing for Compliance Measure as amended by Order No. R8-2010-0062) (North Orange County MS4 Permit). The Final WQMP shall be prepared consistent with the requirements of the Technical Guidance Document for Water Quality Management Plans (December 2013) and the Water Quality Management Plan template, or subsequent guidance manuals. The Final WQMP shall specify the BMPs to be incorporated into the project design to target pollutants of concern in runoff from the project area. The City shall ensure that the BMPs specified in the Final WQMP are incorporated into the final project design. SC WQ-4 Final Hydrology Study. The project Applicant shall submit a Final Hydrology Study to the City Engineer, or his/her designee, for review and approval prior to issuance of a building permit. The Final Hydrology Study shall be prepared consistent with the requirements of the Orange County Hydrology Manual (Orange County Environment Agency 1986) and Orange County Hydrology Manual Addendum No. 1 (Orange County Environment Agency 1996), or subsequent guidance manuals. The Final Hydrology Study shall demonstrate that the on-site drainage facilities are designed and adequately sized to accommodate stormwater runoff from the project. The City Engineer, or designee, shall ensure that the drainage facilities specified in the Final Hydrology Study are incorporated into the final project design. Applicant / City Engineer, or designee Prior to issuance of a building permit. Mineral Resources The proposed project would not require any standard conditions related to mineral resources. Noise The proposed project would not require any standard conditions related to noise and vibration. Population and Housing The proposed project would not require any standard conditions related to population and housing. Public Services SC PS-1 Payment of Fire Facilities Development Impact Fee. Prior to issuance of building permits, the City of Huntington Beach (City) Director of Community Development, or designee, shall confirm that the project Applicant has paid all required Fire Facilities Development Impact Fees in accordance with Chapter 17.74.040, Fire Facilities Development Impact Fee, of the Huntington Beach Municipal Code. Applicant / City of Huntington Beach Director of Community Development, or designee Prior to issuance of building permits. SC PS-2 Payment of Police Facilities Development Impact Fee. Prior to issuance of building permits, the City Director of Community Development, or designee, shall confirm that the project Applicant has paid all required Police Facilities Development Impact Fees in accordance with Chapter 17.75.040, Police Facilities Development Impact Fee, of the Huntington Beach Municipal Code. Applicant / City of Huntington Beach Director of Community Development, or designee Prior to issuance of building permits. 675 B OLSA C HICA S ENIOR L IVING C OMMUNITY P ROJECT H UNTINGTON B EACH , C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT A PRIL 2023 P:\HBC2201.01\04.2 - Draft EIR\7.0 MMRP_4.10.23.docx «04/10/23» 7-14 Table 7.B: Standard Conditions as Specified in the Initial Study Standard Condition Responsible Party/ Approving Agency Timing for Compliance Measure SC PS-3 Payment of School Development Fee. Prior to issuance of building permits, the project Applicant shall submit proof to the City Director of Community Development, or designee, that payment of applicable school facility development fees to the Ocean View School District and the Huntington Beach Union High School District has been made in compliance with Section 65995 of the California Government Code. Applicant / City of Huntington Beach Director of Community Development, or designee Prior to issuance of building permits. SC PS-4 Payment of Park Impact Fee. Prior to the issuance of building permits, the City Director of Community Development, or designee, shall confirm that the project Applicant has paid all required park in-lieu/park impact fees as established in Chapter 17.76.040 of the Huntington Beach Municipal Code. Applicant / City of Huntington Beach Director of Community Development, or designee Prior to issuance of building permits. SC PS-5 Payment of Library Impact Fee. Prior to the issuance of building permits, the City Director of Community Development, or designee, shall confirm that the project Applicant has paid all required Library Impact Fees as established in Section 17.67 of the Huntington Beach Municipal Code. Applicant / City of Huntington Beach Director of Community Development, or designee Prior to issuance of building permits. Recreation The proposed project would not require any compliance measures related to recreation. Transportation The proposed project would not require any compliance measures related to transportation. Utilities and Service Systems SC UTL-1 Sewer Feasibility Study. Prior to issuance of a grading or building permit, the project Applicant shall submit a Sewer Feasibility Study prepared by a qualified civil engineer to the City of Huntington Beach City Engineer, or designee, for review and approval. The Sewer Feasibility Study shall include a review of the existing sewer system that would serve the project site to confirm that it has available capacity to accept the wastewater flow generated by the proposed project’s uses. Any required improvements shall be identified i n the Sewer Feasibility Study. The analysis, conclusions, and recommendations in the Sewer Feasibility Study shall be based on final design plans and shall be consistent with all applicable City requirements. In the event that the Sewer Feasibility Study identifies insufficient sewer capacity to serve the proposed project, the project Applicant would be required to pay a fair-share portion of the cost to improve or replace sewer lines to ensure sufficient capacity. Qualified Civil Engineer / City of Huntington Beach City Engineer, or designee Prior to issuance of grading or building permits. Wildfire The proposed project would not require any standard conditions related to wildfire. 676 PL A N N I N G C O M M I S S I O N S T A F F R E P O R T TO : Pl a n n i n g C o m m i s s i o n FR O M : Je n n i f e r V i l l a s e n o r , I n t e r i m C o m m u n i t y D e v e l o p m e n t D i r e c t o r BY : Ha y d e n B e c k m a n , S e n i o r P l a n n e r SU B J E C T : .. t i t l e EN V I R O N M E N T A L I M P A C T R E P O R T N O . 2 1 -00 4 , G E N E R A L P L A N A M E N D M E N T NO . 2 1 -00 4 , ZO N I N G M A P A M E N D M E N T N O . 2 2 -00 3 , Z O N I N G T E X T AM E N D M E N T N O . 2 2 -00 5 , C O N D I T I O N A L U S E P E R M I T N O . 2 1 -02 4 (B O L S A C H I C A S E N I O R L I V I N G C O M M U N I T Y ) RE Q U E S T : EI R : To a n a l y z e t h e p o t e n t i a l e n v i r o n m e n t a l i m p a c t s a s s o c i a t e d w i t h th e p r o j e c t ; GP A : Re v i s e t h e G e n e r a l P l a n L a n d U s e M a p de s i g n a t i o n f r o m C o m m e r c i a l G e n e r a l ( C G ) t o M i x e d U s e ( M U ) w i t h a S p e c i f i c P l a n O v e r l a y ; ZM A : To a m e n d t h e z o n i n g d e s i g n a t i o n fr o m C o m m e r c i a l G e n e r a l ( C G ) t o S p e c i f i c P l a n 1 9 ( S P -19 ) ; ZT A : To es t a b l i s h t h e B o l s a C h i c a Se n i o r L i v i n g C o m m u n i t y S p e c i f i c P l a n in c l u d i n g d e v e l o p m e n t s t a n d a r d s f o r h e i g h t , o p e n s p a c e , a n d co n v a l e s c e n t u s e s o n t h e s u b j e c t s i t e ; CU P : To d e m o l i s h 5 0 , 0 0 0 s q . ft . o f e x i s t i n g c o m m e r c i a l s p a c e a n d c o n s t r u c t a n e w f i v e -st o r y 29 8 , 00 0 sq . f t . c o n v a l e s c e n t f a c i l i t y w i t h o n -si t e a l c o h o l s a l e s a n d co n s u m p t i o n a t a m a x i m u m o v e r a l l h e i g h t o f 6 5 f t . , c o n s i s t i n g o f 2 02 to t a l u n i t s , a s u b t e r r a n e a n p a r k i n g g a r a g e , a n d a s s o c i a t e d ha r d s c a p e a n d l a n d s c a p e i m p r o v e m e n t s o n a p r o p e r t y w i t h a g r a d e di f f e r e n t i a l a b o v e t h r ee f e e t t h a t i n v o l v es t h e e x c a v a t i o n o f m o r e t h a n 25, 0 0 0 c u b i c y a r d s o f s o i l . LO C A T I O N : 49 5 2 & 4 9 7 2 W a r n e r A v e n u e , 9 2 6 4 9 ( S o u t h w e s t c o r n e r o f B o l s a Ch i c a S t r e e t a n d W a r n e r A v e n u e ) .. b o d y AP P L I C A N T : To m L a w l e s s , H i n e s , 44 4 S . F l o w e r S t r e e t , S u i t e 21 0 0 , L o s A n g e l e s CA 9 0 0 7 1 PR O P E R T Y OW N E R : Ma n n y K h o s h b i n , 1 8 0 7 1 F i t c h , S u i t e 1 0 0 , I r v i n e C A 9 2 6 1 4 PR O J E C T P R O P O S A L : Th e p r o j e c t p r o p o s a l i s t o a l l o w t h e r e d e v e l o p m e n t o f a n a p p r o x i m a t e l y 3 . 1 0 -ac r e p r o j e c t si t e c o n s i s t i n g o f t w o p a r c e l s i n t o t h e B o l s a C h i c a S e n i o r L i v i n g C o m m u n i t y , a p r o j e c t t h a t 677 J includes 202 total living units, 189 on-site parking spaces, and associated hardscape and landscape improvements. In order to undertake the project proposal, the applicant requests the following entitlements: Environmental Impact Report to analyze the potential environmental impacts associated with the project General Plan Amendment to amend the land use designation of the project site from Commercial General (CG) to Mixed Use (MU) with a Specific Plan Overlay; Zoning Map Amendment to amend the zoning designation of the project site from Commercial General (CG) to Specific Plan (SP-19); Zoning Text Amendment to establish the Bolsa Chica Senior Living Community Specific Plan (BCSLC) for the subject site; Conditional Use Permit to demolish 50,000 sq. ft. of existing commercial space and construct a new five-story 298,000 sq. ft. convalescent facility with on-site alcohol sales and consumption at a maximum overall height of 65 ft., consisting of 202 total units, a subterranean parking garage, and associated hardscape and landscape improvements on a site with a grade differential above three feet that involves the excavation of more than 25,000 cubic yards of soil. RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Recommend certification of Environmental Impact Report No. 21-004 as adequate and complete in accordance with CEQA requirements by approving draft City Council Resolution No. 23-XX and forward to the City Council for adoption (Attachment No. 2); and B) Recommend approval of General Plan Amendment No. 21 -004 by approving draft City Council Resolution No. 23-XX (Attachment No. 3), Zoning Map Amendment No. 22-003 with findings (Attachment No. 1) by approving draft City Council Ordinance No. XXXX (Attachment No. 4), and Zoning Text Amendment No. 22 - 005 with findings (Attachment No. 1) by approving draft City Council Resolution No. 23-XX (Attachment No. 5); and C) Approve Conditional Use Permit No. 21-024 with findings and conditions of approval (Attachment No. 1) ..end ALTERNATIVE ACTION(S): A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10 (c) of the Huntington Beach Zoning and Subdivision Ordinance. 678 B) Continue Environmental Impact Report No. 21-004, General Plan Amendment No. 21-004, Zoning Map Amendment No. 22-003, Zoning Text Amendment No. 22- 005, and Conditional Use Permit No. 21-024 and direct staff accordingly. Project Characteristics The proposed facility would include 202 total senior living units, 189 on -site parking spaces, interior and exterior resident amenities, and associated hardscape and landscape improvements. Of the total 202 senior units, 28 would be Memory Care units, 72 would be Assisted Living units, and 102 would be Independent Living units. The units would range from a studio (approximately 540 sq. ft.) to three -bedroom units (approximately 2,580 sq. ft.). Amenities for residents would include multiple restaurant - style dining venues, fitness and wellness center, salon and studio spaces, theater, art room, lounge, and multi-purpose rooms. Outdoor spaces would include a memory care garden, swimming pool with outdoor exercise area, outdoor seating area with a fire pit, outdoor dining areas, meditation spaces, a dog park, and roof decks. A portion of the new community would be licensed by the California Department of Social Services, Community Care Licensing Division (CCLD) per California Code of Regulations (CCR) Title 22, Division 6, Chapter 8 as a Residential Care Facility for the Elderly (RCFE). The State would enforce laws and regulations governing resident rooms, including building inspection prior to opening and thorough periodic inspections during operations. The RCFE designation would allow residents at the community to age in place and receive assistance with the activities of daily living. Care for assisted living and memory impaired residents would be provided 24 hours per day, seven days per week. Once the community reaches full residential occupancy, it is anticipated that there would be a total of 110 full-time employees, spread out over multiple shifts. Vans would be provided to transport residents to off -site activities. Study Session: The Planning Commission held a study session on August 22, 2023. City staff and the applicant responded to most questions from the Planning Commission during the study session, which included questions regarding property ownership, future senior unit rents, and operational details. However, the following remaining items of information as requested by the Planning Commission are provided below: 1. How will the project handle stormwater, and how will the basement floor avoid flooding? Any stormwater collected on-site, including the descending ramp to/from the subterranean parking garage is required to be treated before leaving the site via City storm drains. Runoff on the project site will be designed to be collected by inlets, trench drains, and/or multiple roof drains before flowing to a modular 679 wetland, bio-filtration planter, or a combination of both for treatment. The project will be designed to contain flows up to and exceeding a 25 -year storm event on- site prior to discharge. 2. Are there any alternatives to the use of asbestos -lined cement pipes? What will the project use? The use of asbestos is no longer accepted in modern construction and under current standards, water pipes are now installed using plastic (PVC) or Ductile Iron pipe (DIP) and the project will incorporate one or both of these materials. 3. Is the City aware of the depth of the water table on the project site? The project’s Preliminary Soils Report indicates a groundwater depth of 46.2 feet and 44.7 feet below the existing grade at the site. The County’s data shows an estimated groundwater depth of greater than 30 feet below existing grade at the site. 4. Where is the ingress/egress for emergency vehicles and paramedics? Emergency vehicle lanes (EVAs) are incorporated into the project, with access to the interior of the site from both Warner Avenue and Bolsa Chica Street. Refer to project plans in Attachment No. 11. 5. What is the project’s overall traffic impact? As analyzed in the Environmental Impact Report, trip generation rates for the proposed project are approximately 50% less than those of the existing on-site commercial uses. Traffic generated by the proposed project will not result in additional traffic congestion over existing conditions and will not impact the level of service or operation of any surrounding intersections. Further, no traffic signal or vehicle lane modifications are necessary to mitigate project traffic. 6. How much parking does the project require compared to what is proposed? Based on the draft Specific Plan, the proposed parking ratio is 0.93 parking stalls per unit, which results in a parking demand calculation of 189 spaces. By comparison, under existing HBZSO requirements, the proposed project would require 207 on-site parking spaces. The HBZSO’s parking standard is intended to reflect a continuum of care that is a hallmark feature of convalescent uses, and utilizes a mix of ‘per bed’ and ‘per unit’ depending on the type of senior unit. The proposed parking standard is based on a parking demand study submitted by the applicant which was reviewed by City staff. 7. What is the potential impact on migratory birds and how will the project mitigate possible bird strikes? 680 The project will incorporate adequate bird protection through the use of bird safe glasses on the 5th floor that have been approved by the American Bird Conservancy. Additional options include fritted or patterned windows, UV pattern film, window nets, and window screens. 8. Will public utilities be undergrounded? Yes, the existing overhead lines along the project’s Bolsa Chica frontage are required to be undergrounded, in coordination with the City’s Public Works Department. 9. How many of the City’s Specific Plans have been written by applicants versus City staff? Commissioner Wood accurately clarified that applicant-initiated Specific Plans are written by the applicant to be reviewed and edited by City staff prior to consideration by decision makers. The City authors some Specific Plans, such as the Downtown Specific Plan, or the Sunset Beach Specific Plan , as they were initiated by the City Council. 10. Will the project’s portion of Bolsa Chica frontage be painted red for emergency use only, or will the City continue to support the existing on -street parking? The on-street parking will remain with implementation of the proposed project. Adequate on-site parking and emergency vehicle access will be provided, and the City does not intend to displace the existing street parking. PROJECT ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: CG (Commercial General) CG Retail and Office North of Subject Property: CG CG Retail Pharmacy East of Subject Property: CG and RM (Residential Medium Density) CG and RM Commercial and single family residential South of Subject Property: PS(CG) (Public Semi-public, CG underlying) CG Commercial Office West of Subject Property: RMH (Residential Medium High Density) RMH Residential Apartments 681 General Plan Conformance: The General Plan Land Use Map and zoning designation on the subject property is CG (Commercial General). The Commercial General designation provides for retail commercial, professional offices, restaurants, drugstores, personal services, as well as institutional and health care related uses. Through a General Plan Amendment request, the applicant is proposing to amend the current General Plan designation on the project site from CG to a MU-sp (Mixed Use) designation with a Specific Plan Overlay, which provides for both residential and commercial uses on the same site. Both the CG and MU designations are compatible with the surrounding area. In addition to the proposed Land Use Map amendment, the request will also require other minor changes such as updating Land Use Element Figure LU-3 to reflect the proposed specific plan, if approved. The proposed project is consistent with the intent of the proposed Mixed Use (MU) designation and the goals and policies of the City’s General Plan as follows: Land Use Element Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1C: Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D: Ensure that new development projects are of com patible proportion, scale, and character to complement adjoining uses. Policy LU-2E: Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-4A: Encourage a mix of residential types to accommodate people with diverse housing needs. Goal LU-11B: Encourage new businesses to locate on existing vacant or underutilized commercial properties where these properties have good locations and accessibility. Goal LU-12B: Encourage renovation and revitalization of deteriorating and struggling nonresidential areas and corridors, particularly commercial locations. 682 The new five-story senior living community project is an infill development on two underutilized commercial properties that would assist in meeting the overall housing needs of the community. In addition, the proposed convalescent facility is compatible in proportion, scale, and character with the surrounding land uses because the proposed building is similar in height and massing to other multi-story senior living facilities in the City that are adjacent to residential uses. The project design is a traditional style of architecture that is reflective of the City’s beach lifestyle that complements and enhances the architectural style of the larger surrounding area. A variety of building materials, multilevel rooflines, and varying building setbacks along the Warner and Bolsa Chica frontages are incorporated into the proposed design and are intended to break up the scale and massing of the building. Landscaping includes a variety of tree and plant species and is designed to complement the architecture, frame the building elements, and be consistent with the overall character of the surrounding area. Lastly, the proposed convalescent facility supports the provision of a mix of housing types that meet the diverse economic, social, and housing needs of the community. Noise Element Goal N-1: Noise-sensitive land uses are protected in areas with acceptable noise levels. Policy N-1B: Incorporate design and construction features into residential, mixed -use, commercial, and industrial projects that shield noise-sensitive land uses from excessive noise. Goal N-2: Land use patterns are compatible with current and future noise levels. Goal N-3B: Prioritize use of site planning and project design techniques to mitigate excessive noise. The use of noise barriers shall be considered a means of achieving the noise standards only after all other practical design -related noise mitigation measures have been integrated into the project. The proposed project would introduce a quasi-residential land use on a property currently developed with commercial office and retail uses. The proposed project’s design incorporates the existing configuration of the project site to maintain acceptable stationary noise levels at existing noise-sensitive land uses by placing outdoor amenities and vehicle parking associated with the use behind or beneath the primary structure so as to attenuate potential off-site noise impacts. Additionally, a new 8-foot high masonry wall would be installed along the project site’s southern boundary and operational noise levels would not exceed the City’s exterior daytime or nighttime noise standards as established in the Municipal Code. Further, the use of modern construction methods and materials will reduce vehicle noise from the adjacent roadways, and the building design and siting is proposed to enclose the future residents’ common open space courtyards to minimize any roadway noise from Warner Avenue and Bolsa Chica Street. 683 Housing Element Goal H2: Provide adequate housing sites through appropriate land use, zoning, and specific plan designations to accommodate Huntington Beach’s share of regional housing needs. Policy H2.1: Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost, and location emphasizing locations near services and transit that promote walkability. The proposed project is designed to reflect a traditional style of architecture that is reflective of the City’s beach lifestyle and complements and enhances the surrounding areas. The project includes high quality design, architecture, and materials that is consistent with the overall character of the surrounding neighborhoods. The proposed senior living community would add 202 units of senior living capacity in a facility that includes on-site amenities for residents including recreational areas, exercise areas, dining, and entertainment options that reduce the need for residents to travel off -site. Additionally, multiple nearby commercial businesses are within walking distance of the project site, and for those services that aren’t, van services would be provided to residents to access additional adjacent commercial uses including restaurants, medical offices, and pharmacies. Zoning Compliance: Zoning Map Amendment The applicant is proposing to amend the zoning designation from CG (Commercial General) to SP-19 (Specific Plan No. 19), referred to as the Bolsa Chica Senior Living Community Specific Plan (BCSLCSP) in conformance with the proposed General Plan Amendment. The proposed BCSLCSP is analyzed in greater detail in the next section below and provides for the orderly development of the subject site to ultimately create a cohesive senior living community. A specific plan also allows the establishment of customized development standards to permit a unique development that the standard zoning code would not permit. The subject site complies with the HBZSO required minimum net area of two acres for specific plans. The adoption of the ZMA will be in conformity with public convenience, general welfare and good zoning practice because the Specific Plan designation will implement the proposed General Plan land use designations which include a Specific Plan Overlay. The proposed BCSLCSP will be compatible with the surrounding area for the same reasons cited in the General Plan analysis above. The draft Specific Plan is consistent with General Plan goals, objectives, and policies to provide: Infill development of underutilized commercial properties; New senior living units that responds to diverse community needs; Benefits to the local economy, additional revenue to the City, and job creation 684 A community need is demonstrated for the change proposed because the Specific P lan designation will allow the development of additional senior units in a modern facility with high quality design, architecture, and amenities for residents and their visitors. The change will enhance the local economy, provide additional revenue to the City, create jobs, and provide additional attainable senior housing stock with an opportunity for senior residents to age-in-place and remain close to family and services. Zoning Text Amendment The proposed BCSLCSP will serve as the zoning ordinance for the subject site (Attachment No. 6). It will be supplemented by the HBZSO for provisions that are not addressed or customized in the BCSLCSP. The proposed Specific Plan is divided into five sections: 1. Introduction – provides the purpose/intent of the BCSLCSP, site location, and project overview 2. Development Plan – describes the project vision and development plan 3. Development Standards & Guidelines – sets forth development standards and design guidelines applicable to the Specific Plan area and facilitate development of the proposed senior living community 4. Infrastructure – describes proposed infrastructure and services, including grading, hydrology, water quality, sewer, and dry utilities 5. Administration & Implementation – discusses the process for implementation, potential future amendments, and severability. The BCSLCSP intends to implement a new senior living community designed to provide residents with a unique, vibrant living experience that encourages socialization a nd provides continuing care and other services. A wide range of customizable care options and amenities enable residents to age in place and are integral to the successful operation of a senior living com munity, and have been designed in a way that accommodates the necessary square footage intended for those amenities and services, as well as efficiently interconnecting these spaces to one another. The BCSLCSP is consistent with and implements the proposed General Plan land use designation (Mixed Use) which includes a Specific Plan Overlay for the subject site. The BCSLCSP conforms to the adopted land use designations for the subject site and is consistent with General Plan goals, objectives, and policies to provide: A senior living community of compatible proportion, scale, and character of the area Flexibility in development standards to accommodate a senior living community of superior design and architecture; 685 Benefits to the local economy, additional revenues to the City, and job creation; Improved appearance and economic vitality of underutilized commercial areas; Enhanced landscaped setback areas Sufficient emergency and first responder access to the site Deviations from the base district provisions that otherwise would apply are justified by compensating benefits of the BCSLCSP because it will allow a new senior living community that includes independent living units, assisted care units, and memory care units that provide a continuum of care within the same building that suits different life stages and market needs. The BCSLCSP will further enhance the potential for high quality urban design in comparison with the maximum development potential under the base district provisions that would apply if the plan were not approved because it would facilitate the coordinated development of a cohesive senior living or convalescent facility that would function as one community, and result in reduced overall daily traffic trips. In order to create the highest quality senior living environment, the BCSLCSP includes development standards that would allow greater overall building height (65 ft. in lieu of 50 ft.), floor area ratio (2.5 in lieu of 1.5) and a revised parking demand calculation, when compared to what Chapter 231 of the HBZSO otherwise requires. A more dense senior living community project enables a modern facility of high quality site design, architecture, and amenities that ensure that residents are provided quality and dependable services and connection to the surrounding community without negatively impacting surrounding uses. The BCSLCSP includes adequate provisions for utilities, services, and emergency vehicle access. Public service demands will not exceed the capacity of existing and planned systems. Conditional Use Permit The Conditional Use Permit request for the propose project includes four total requests. First, the convalescent facilities use is a conditionally permitted use, which herein is used as the land use approval mechanism for a proposed Specific Plan district. Second and third, the Conditional Use Permit also includes a request to construct the proposed project on a site that has an existing grade differential greater than 3 feet between the low and high points, and will include the excavation of more than 50,000 cubic yards of soil. Finally, the Conditional Use Permit request includes a request for approval of a Type 47 ABC alcohol license that would permit the service of beer, wine, and spirits in the dining rooms and cafes of the facility for residents and their guests. The senior living community will be open and staffed 24 hours a day, seven days a week. The use will be a controlled environment, limiting access to people coming in and out. As a conditionally approved use, staff has reviewed the proposed development and facility operations for compatibility with surrounding uses. Staff suggests conditions of approval that pertain to the safety and security of both residents and guests alike as they utilize the subterranean parking garage. Staff considers the operation of the use as proposed will not have detrimental impacts on the surrounding land uses in that the future residents will be well served by nearby businesses and services, and adjacency to nearby public open 686 spaces and activities. Draft Findings and Conditions of Approval for CUP No. 21-024 are included as Attachment No. 1. Access, Circulation, and Parking In the existing condition, the project site is accessed by a total of five driveways; two from Warner Avenue and three from Bolsa Chica Street. With implementation of the proposed project, vehicle access to the community would be provided via three driveways on Bolsa Chica Street (one entry-only driveway and one exit-only driveway for the porte cochere, and one full access driveway from the subterranean parking garage. The proposed project would also provide a right-in/right-out only driveway on Warner Avenue (in the northwest corner of the property) for emergency, trash/recycling, and service vehicles. This driveway would feature a gate and ‘hammerhead’ turn-around that complies with the City’s Fire standards. A passenger drop-off zone for the community would be located in front of the main entrance along Bolsa Chica Street under the porte cochere. An additional fire access road with gate would be provided on the south side of the project site, with full access provided from Bolsa Chica Street. Pedestrian access to the community would be provided via sidewalks along Warner Avenue and Bolsa Chica Street as well as internal walkways. The project would provide 193 parking spaces for residents and staff, 4 of which would be at-grade parking spaces under the porte cochere. A single-level subterranean parking garage will be constructed beneath the senior living community and provide 189 parking spaces, including disabled and clean air vehicle spaces. Guest parking is included in the parking requirement calculation outlined below. Parking Requirements The HBZSO provides a parking standard for convalescent facilities with a mix of ‘per bed’ and ‘per unit’ basis, which represents the accepted calculation standard at the time it was adopted. Parking generation rates and analysis methodology for convalescent facilities has since evolved and a parking study prepared for this project recommends the above parking rates, calculated on a per unit basis, as adequate for the size and scope of the proposed facility. Staff has reviewed the parking study and supports the proposed parking rates. Height 687 SKILL ED NURSING FACILI TIES: 0.65 PER UNI T ASS IST ED LI VING FACILIT IES 0.65 PER UNI T IND EPEND ENT LI VING FACILITI ES: 1.2 PER UNI T MEMORY CAR E: 28 UNI TS x 0.65 19 SPAC ES ASSIS TED LI VING : 72 UN ITS x 0.65 47 SPAC ES IND EPEND ENTLI VING 102 UNI TS x 1.20 = 123 SPAC ES TOTAL 189 SPACES REQU IRED! Current HBZSO development standards in the CG (Commercial General) zoning district permit maximum height of structures to 50 feet as measured from the datum, which is established as the highest adjacent top of curb. Under existing CG requirements, an additional 10 feet of overall height, up to 60 feet maximum overall, is permitted but only for parapet walls, stairways, elevators, and mechanical equipment to provide architectural screening of access ways and equipment, and enhancement of the building elevati ons by incorporating these elements into the colors and materials of the overall project. As discussed above, the proposed Specific Plan would permit a maximum overall height of 65 feet, and a maximum of 5 stories. The Specific Plan also makes the same accommodation of an additional 10 feet of height, which enables a parapet wall to screen rooftop mechanical equipment measuring 67 feet , 11 inches, and a roof access stairway that measures 73 feet 11 inches maximum overall. The proposed project does not include any portion of the primary habitable building area that exceeds 65 feet. The Specific Plan does The proposed increase in maximum overall height is to accommodate a custom design of the proposed senior living community, wherein each floor is specific ally designed to accommodate an adequate level of comfort and access for each type of living space. Below are exhibits from the project’s section drawings and elevations that highlight these dimensions: A. Section Drawing B. Elevation 688 I I '!.!'" ~ r- lU'IIT "~ CV) ~ • I """-" r FFE •■=icr s • IJ'( t lEYCU'_ ---FfE •111!ill'(9 ll'-0- 1 11-.i· t u~~~=s I 0.ll.2W !la Additionally, and in accordance with the BCSLCSP, the project includes an upper story setback at various locations along each elevation to reduce the overall mass of the structure, provide articulation along the building planes, and provide a transition in scale to adjacent uses. The exhibit below is the 5th floor plan, with areas in highlight those areas on the floors below that are part of the building’s primary massing. Each elevation has been treated with an upper story setback to reduce the bulk and massing of the 5th floor. 5th Floor Plan Urban Design Guidelines Conformance: The City’s Urban Design Guidelines promote high quality development that contributes to a positive physical image and identity of the City. Currently, the City’s Urban Design Guidelines do not contain specific guidelines for convalescent facilities such as the proposed project. However, the project’s location at a highly visible, well-traveled intersection creates a strong demand for quality design and architecture that is compatible with the variety of existing adjacent uses and representative of modern design . As such, the proposed Specific Plan identifies and would incorporate project-specific design guidelines that are consistent with the City’s Urban Design Guidelines for both multi-family 689 _I __ _J -1-' I --1- 1 -=1=- 1 e--+-"----1 --1-- 1 --1-- 1 -i- i --1- and commercial development. Design Guidelines contained within the proposed Specific Plan include development guidelines for landscape, signage, and architectural improvements, including but not limited to: Site Planning Guidelines Site Character: Place site elements, including buildings, circulation routes, parking, communal outdoor space, and landscape areas to create an orderly site plan and contribute to a positive neighborhood character. Site Access & Circulation: Design vehicular and pedestrian circulation systems for safe, efficient, and convenient site access and utilization. Pedestrian Access & Circulation: Provide safe, convenient, and clearly identifiable pedestrian walkways, designed to minimize conflicts with vehicular access and circulation. Shaded pedestrian walkways and connections are encouraged. Building Design Guidelines Building Character & Quality: Design a visually attractive building that improves the aesthetic quality of site and surroundings. The building should exhibit a unified composition, achieving a sense of proportion and balance in both exterior form and the placement of such features as windows, doors, and architectural elements. Façade Articulation: Modulate exterior building walls; articulation may include change of wall plane, door and window treatment, and other compatible architectural treatment that creates an interesting pattern of projections and provides visual relief (e.g., balconies, canopies, and overhangs, etc.). Materials & Finishes: Choose materials, textures, and colors that add visual interest and complement the scale and character of the building. Environmental Status In accordance with the California Environmental Quality Act (CEQA), EIR No. 21 -004 was prepared by LSA to analyze the potential environmental impacts of th e project as well as identify appropriate mitigation measures. The Draft EIR was made available to the public, public agencies, Planning Commission and City Council for review at the start of the 45-day public comment period on May 1, 2023. The Final Draft EIR, which including the Response to Comments and all text changes as a result of the public comment period will be posted on the City’s website prior to the public hearing on the EIR and the link will be forwarded to the Planning Commission and City Council. 690 11 The required CEQA procedure that was followed is outlined below: November 2, 2022 - Notice of Preparation was filed with the State Clearinghouse December 1, 2022 and available for public review and comment for 30 days. November 10, 2022 A Public Scoping Meeting was held to solicit comments related to issue areas to be studied in the EIR. May 1, 2023 – Notice of Completion was filed with the State Clearinghouse June 15, 2023 and draft EIR was available for public review and comment for 45 days. The Draft EIR discusses potential adverse impacts in the areas described below. The direct, indirect, and cumulative impacts of the project are addressed, as are the impacts of the No Project Alternative. The draft EIR must be adopted and certified by the Planning Commission and City Council prior to any action on the project. Scope of EIR Analysis The Draft EIR studied the following topics pursuant to CEQA guidelines: Aesthetics Geology and Soils Noise Utilities and Service Systems Cultural Resources Greenhouse Gas Emissions Land Use and Planning Air Quality Energy Tribal Cultural Resources Environmental topics and CEQA Checklist questions/thresholds with no potential significant impacts were discussed in Chapter 2.0 of the EIR and were scoped out from further detailed analysis in the EIR. Project Impacts The draft EIR concluded that the environmental impacts as a result of project implementation would not result in significant unavoidable adverse impacts. Chapter 4.0 of the draft EIR includes proposed mitigation measures for potentially significant impacts for Cultural Resources, Geology and Soils, and Tribal Cultural Resources to ensure that no significant, adverse effects on the environment would occur. The Mitigation Monitoring and Reporting Program is included as Attachment No. 13 and has been incorporated into the Conditions of Approval (Attachment No. 1). Alternatives Public Resource Code (PRC) Section 21100 and CEQA Guidelines Section 15126 require an EIR to identify and discuss a No Project Alternative and a reasonable range of alternatives to the proposed project that would feasibly attain most of the basic objectives of the project and would avoid or substantially lessen any of the significant environmental impacts. Further, the range of alternatives required in an EIR is governed by the ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a 691 reasoned choice. An EIR’s discussion of alternatives need not include alternatives that do not offer significant environmental advantages in comparison with the project. Of those alternatives, the EIR must examine only those that the lead agency determines could feasibly attain most of the basic objectives of the project. The City, as lead agency, has determined that since there are no significant and unavoidable impacts resulting from the proposed project, and any alternative proposed would not meet all the project objectives, only the No Project Alternative is identified and discussed in the EIR to meet this requirement. The purpose of describing an analyzing a no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. Pursuant to CEQA Guidelines Section 15126.6(e)(3)(C), the lead agency should project what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans a nd consistent with available infrastructure and community services. The alternative would involve no changes to existing land uses and conditions on the project site, and no new development would occur. CEQA also requires the identification of an environmentally superior alternative. CEQA Guidelines Section 15126.6(e)(2) states that if the No Project Alternative is the environmentally superior alternative, then the EIR should also identify and environmentally superior alternative among the others. In the short term, the No Project Alternative would have the least impact on the environment because it does not involve any new construction activities or the intensification of land uses. However, when compared to the proposed project, the No Project Alternative would result in greater environmental impacts to air quality and transportation-related impacts to the surrounding circulation system due to the greater number of vehicle trips to and from the project site. Therefore, the No Project Alternative would result in potentially significant impacts that would not occur under the proposed project, and would not provide the benefits of the proposed project including helping the City to meet its goal of providing senior housing options within the City, revitalizing the project site, and providing new job opportunities. Staff recommends certification of the EIR because it is adequate and complete in that it has identified all significant environmental effects of the project. All significant environmental impacts which can feasibly be mitigated or avoided have been mitigated or avoided by the incorporation of Project Design Features, standard code requirements, and mitigation measures. Lastly, the EIR was prepared in compliance with CEQA Guidelines. Coastal Status: Not applicable. Design Review Board: Not applicable. Other Departments Concerns and Requirements: 692 The Departments of Public Works, Fire, and the Building Division have reviewed the project and identified a list of applicable code requirements (Attachment No. 12). The Police Department reviewed the project and is proposing conditions of approval regarding eh request for a Type 47 ABC alcohol license. Public Notification: Legal notice was published in the Huntington Beach Wave on Wednesday, September 13, 2023 and notices were sent to property owners of record within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Co mmunity Development Department’s Notification Matrix), applicant, interested parties, and those who commented on the EIR and provided contact information. Written communications received as of September 20, 2023 are attached to this staff report (Attachment No. 11). Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): August 23, 2023 CUP - October 23, 2023 EIR – August 23, 2024 (certified within 1 year) GPA/ZMA/ZTA – None SUMMARY: Staff recommends that the Planning Commission approve Conditional Use Permit No. 21-024 based on the following: - Project proposal is consistent with the Mixed Use and Specific Plan Overlay land use designations - Project proposal satisfies all the findings required for approving a Conditional Use Permit The Planning Commission may recommend certification of EIR No. 21 -004 and approval of GPA No. 21-004, ZMA No. 21-003, and ZTA No. 22-005 with findings (Attachment No. 1). This recommendation may be based on the following: - The EIR is adequate and complete in that it has identified all significant environmental effects of the project. - All significant environmental impacts which can feasibly be mitigated or avoided have been mitigated or avoided by incorporation of Project Design Features, standard regulatory requirements, and mitigation measures. - The EIR was prepared in compliance with CEQA Guidelines. - The GPA, ZMA, and ZTA are consistent with the General Plan and its goals, policies, and objectives. - The GPA, ZMA, and ZTA are compatible with the surrounding area. - The request will allow development of a new senior living community on the subject site to service senior residents in need of opportunities to age in place with professional care services. 693 - The project will enhance the local economy, provide additional revenue to the City, create jobs, and provide additional attainable senior housing stock. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval of ZMA No. 21-003, ZTA No. 22- 005, and CUP No. 21-024 2. Draft City Council Resolution No. 23-XX for EIR No. 21-004 3. Draft City Council Resolution No. 23-XX for GPA No. 21-004 4. Draft City Council Ordinance No. XXXX for ZMA No. 21 -003 5. Draft City Council Resolution No. 23-XX for ZTA No. 22-005 6. Draft Bolsa Chica Senior Living Community Specific Plan (SP-19) 7. Vicinity Map 8. Existing and Proposed General Plan Land Use Designation Maps 9. Existing and Proposed Zoning Maps 10. Site Plan, Floor Plans, and Elevations received and dated November 18, 2022 11. Letters received from the public 12. Code Requirements Letter dated December 22, 2022 13. Draft Mitigation Monitoring and Reporting Program 14. Final EIR No. 21-004 (includes Draft EIR, Appendices, Response to Comments, and Errata not attached but available at https://www.huntingtonbeachca.gov/government/departments/planning/environm ental-reports/environmental-report-view.cfm?ID=62 ) 694 1 Beckman, Hayden From:Villasenor, Jennifer Sent:Monday, October 9, 2023 7:03 PM To:Beckman, Hayden Subject:FW: Proposed Bolsa Chica Senior Living Community Project, SCH No. 2022110040 Located at 4952 and 4972 Warner Avenue, Huntington Beach From: Davoud@manouchehri.com <Davoud@manouchehri.com> Sent: Saturday, October 7, 2023 11:17 AM To: Planning Commission <planning.commission@surfcity-hb.org>; Strickland, Tony <Tony.Strickland@surfcity-hb.org>; Van Der Mark, Gracey <Gracey.VanDerMark@surfcity-hb.org>; Burns, Pat <Pat.Burns@surfcity-hb.org>; McKeon, Casey <Casey.McKeon@surfcity-hb.org>; Kalmick, Dan <Dan.Kalmick@surfcity-hb.org>; Moser, Natalie <Natalie.Moser@surfcity-hb.org>; Fikes, Cathy <CFikes@surfcity-hb.org>; Bolton, Rhonda <Rhonda.Bolton@surfcity- hb.org>; Pellman, Tracy <Tracy.Pellman@surfcity-hb.org>; Twining, Butch <Butch.Twining@surfcity-hb.org>; Acosta- Galvan, Kayla <Kayla.Acosta-Galvan@surfcity-hb.org>; Rodriguez, Oscar <Oscar.Rodriguez@surfcity-hb.org>; Adam, Ian <Ian.Adam@surfcity-hb.org>; Kennedy, Don <Don.Kennedy@surfcity-hb.org>; Wood, Rick <Rick.Wood@surfcity-hb.org> Subject: Proposed Bolsa Chica Senior Living Community Project, SCH No. 2022110040 Located at 4952 and 4972 Warner Avenue, Huntington Beach Dear Mr. Hayden, My name is Davoud Manouchehri, I live at 17442 Kennebunk Lane, Huntington Beach, CA. I would like to provide comments to the statements and findings of the Draft Environmental Impact Report Related to the proposed Bolsa Chica Senior Living Community Project, SCH No. 2022110040 Located at 4952 and 4972 Warner Avenue, Huntington Beach, CA. I would also like to be listed as a Interested Individual and receive all future correspondence, technical information and hearing notices. First and foremost, I object to the general plan amendment to change the land use designation from CG to mixed-use (MU) and I object to the zoning map amendment to change the zoning from CG to specific plan (SP). I also object to the increase in allowable floor area ratio to 2.5 and I object to raising the maximum building height to 65 feet. I believe the impact to the environment has not been reasonably assessed and I have a strong disagreement to several statements made in the draft EIR. The project’s inconsistency with the city of Huntington Beach policy and zoning will cause significant physical environmental impacts to our neighborhood. My comments and concerns to the draft environmental impact report are as follows: 1.4 significant and unavoidable impacts: I firmly disagree with the statement “the proposed project would not result in significant and unavoidable adverse impacts to the existing environmental setting” the proposed project would create a precedent for future development, the draft environmental impact report does not consider the approval of the project will open the door to future similar developments in the area. The effects of allowing a specific plan to subvert zoning regulations would cause extreme interest in developing surrounding projects of similar nature. This project needs to study the long-term accumulative impact of increasing the code required maximum density, the lack of code required parking and the effect on the adjoining neighborhood and the ability for the adjoining neighborhoo ds to absorb the street parking that would result in the deficiency of the required parking. The environmental impact report should also study the long-term effects of the sewer capacity and water capacity of the surrounding existing development of similar nature that could be redeveloped 695 2 if this project were approved. The draft environmental impact report failed to provide a sewer capacity and water capacity study. 1.5.2 identification of the environmentally superior alternative: I disagree with the alternate project, an alternate project could be proposed that complies with the existing adjacent zoning that is consistent with the surrounding community. I firmly disagree “the no project alternative would result in greater environmental impacts to air quality and transportation to the surrounding circulation system due to the greater number of vehicle trips to and from the project site” zoning similar to the adjacent properties would result in less impact than the proposed project but would still achieve the goal of providing senior housing. 4.1; aesthetics I disagree with the statement “the proposed project would not conflict with relevant goals and policies in terms of preserving the visual quality in the city” the city has developed zoning standards which does not allow for a 65-foot-high building structure. The building structure would tower over the existing residence which are only 2 stories tall. The proposed structure is not compatible in proportion, scale or character to the adjoining uses. 4.7 land use and planning I believe the project would cause a significant environmental impact due to the conflict with the existing land use plan. Approval of this project would lead to approval of multiple projects in the area which would have a massive accumulative impact on the community which include aesthetics, traffic, noise, solar access, wind access, impacts to the infrastructure such as water and sewer capacities and street parking. The proposed project is inconsistent with the city’s established development standards which have been used to design the surrounding infrastructure. The surrounding infrastructure was not designed to handle the proposed densities. I disagree that the overall impact to surrounding community would be less than significant when the cumulative effect of future developments similar to the proposed project is considered. 4.10: utilities and service systems I disagree with the statement “the proposed project would have less than significant impacts associated with electric power and natural gas”. The cumulative effect of approving this project would cause a landslide of similar developments in the area which would have a major impact to the available electric energy and natural gas, the existing infrastructure did not consider increasing the bulk density and mass of the proposed development. Approval of this project would cause additional projects of a similar nature that would have a cumulative effect on the availability of electricity and gas. 2.4.1 Aesthetics I disagree with the statement “not create a source of substantial light or glare”. Security and patio lighting on the 5 th floor would be seen from the entire neighborhood. Nothing in the EIR evaluated the lighting spillover into the wetlands which requires dark sky. The Brightwater development respects the dark sky requirements of the Bolsa Chica Ecological Preserve, this project should address the impact to the Bolsa Chica Ecological Preserve. The proposed building elevations shown in the draft EIR appear to show exterior lighting fixtures that are not properly shielded. It is impossible to provide adequate lighting for the patio areas and shield all of the light spillover. 2.4.8 hydrology and water quality Bolsa Chica Road Street of Warner Avenue lacks sufficient storm drain facilities to capture runoff from the East that flows to the intersection of Bolsa Chica Street and Dunbar Avenue, as a result this intersection experiences flooding during normal rain events. The adjacent existing parking lot serves as an incidental detention basin and helps protect the surrounding properties. The EIR fails to analyze and address the effect of construction over the parking lot which would reduce the available ponding space and could cause flooding on adjacent properties. I believe this project will increase the depth of flooding at the intersection of Bolsa Chica Road and Dunbar Avenue. 696 3 2.4.14 recreation I disagree with the statement “the proposed project does not include recreational facilities nor require the construction or expensing of recreational facilities that would result in a significant adverse physical effect to the environment, therefore project related impacts with respect to recreation are not evaluated further in this draft EIR”. The proposed project is significantly under parked according to existing zoning, the city of Huntington Beach has established parking standards that eliminate the need for street parking. If developed, this project would cause excessive street parking which would inhibit access to the trail system. There is already a shortage of parking for people who are visiting the Bolsa Chica wetlands, this project would severely impact the available street parking leading to the trailhead at the southerly terminus of Bolsa Chica Street. The proposed project only considers parking spaces for the residential units and fails to address the required parking spaces for the estimated 110 employees who will work at the proposed multiple restaurants, wellness centers and studio spaces. It is not reasonable to assume 62 units are parked at a ratio of 0.65 spaces per unit when there is no mechanism stated to control whether a unit is assisted living or normal senior housing. I believe the parking should be evaluated as worst-case senior housing and a s eparate calculation added for the multiple restaurant style dining venues, wellness centers and studio spaces. Due to the lack of parking this development does not support the protection and maintenance of environmental open-space resources. The lack of on-site parking will prohibit access to the Bolsa Chica trail system. 2.4.16 utilities and service systems I disagree with the statement “therefore, impacts related to the construction of wastewater treatment or collection facilities would be less than significant”. Recently the Orange County sanitation District upgraded the sewer force mains and lift stations throughout the city, these systems should have been designed to comply with the existing zoning and did not consider the increased density this project is proposing. This project should consider the cumulative effect of increasing the density of existing sites within the vicinity to verify the additional sewer capacity is available to serve this site and future developments of this nature. The environmental impact report failed to provide an adequate sewer and water capacity study. 4.1.6 project impacts I disagree with the statement “given the current visual quality of the project site, implementation of the proposed project consistent with the development standards and design guidelines specified in the specific plan would promote a cohesive community identity and enhance the visual quality of the project site to viewers on an off-site”. Increasing the maximum height of the building to 65 feet would block the skyline view from the public way, the open sky view at the corner of Bolsa Chica and Warner would be forever impacted and would effect every person visiting the neighborhood, the view would be replaced by a massive apartment building. Replacing a blue-sky view with an apartment building would have a negative impact on the community by destroying public view of the sky. I also disagree with the statement “therefore, implementation of the proposed project would not result in significant shade or shadow impacts to nearby residential uses. The shade and shadow study prepared by CRTKL is seriously flawed, a 65 foot tall structure will cast a shadow in the easterly and westerly directions during sunrise and sunset during the spring and fall equinox, only the winter solstice was studied. This study proposes a shadow less than the building height. A study of the spring and fall equinox would prove Expensive shadows would be cast on the residential properties to the east and west of the proposed development. 4.1.10 cumulative impacts I disagree with the statement “approval of the general plan amendment and zoning amendment would render the proposed project consistent with the city’s establish development standards and no mitigation would be required.” The existing zoning has been adopted by the residents for years and has been relied on by the residents to protect the integrity of the community. Allowing the general plan amendment and the zoning map amendment to change the zoning from CG to specific plan would cause long-term environmental impacts to the community. If this project is approved there will be a landslide of similar developments that will forever change the density of the community, this is evidenced by the recent development at Bella Terra and downtown Huntington Beach. This project should evaluate the 697 4 cumulative impact of all sites of similar nature that would be subject to redevelopment. This project is not compatible with the long-term established development standards in the area. 4.2.3.1 air pollutants and health effects The draft EIR failed to study the air quality in the vicinity of the project and used air quality data from Anaheim California, approximately 10 miles from the proposed development. As stated in the initial study “occupants of facilities such as schools, daycare centers, parks and playgrounds, hospitals and nursing and convalescent homes are considered to be more sensitive than the general public to air pollutants because these population groups have increased susceptibility to respiratory disease.” The air quality study fails to consider the proposed development and the residents who will be living in the proposed development. Bolsa Chica Street and Warner Avenue are both 3 lane major highways that produce a significant amount of emissions. The study should consider the effect of these emissions on the people who will be living in the proposed development. As stated in the environmental impact report “high-volume roadways. Air pollutant exposures and their associated health burdens vary considerably within places in relation to sources of air pollution. Motor vehicle traffic is perhaps the most important source of intra-urban spatial variation in air pollution concentration.” Obviously, this site is not suitable for senior housing due to the proximity of the high-volume roadways. Table 4.7.B: Gen. plan consistency analysis ERC-A I disagree with the statement “these recreational and open-space elements would be for private use by residents and not open to the public but are anticipated to reduce the strain on surrounding parks and open spaces as residents would be more likely to use the on-site facilities.” The proposed project does nothing to maintain the current Park per capita ratio of 5.0 acres per 1000 persons, the proposed development does not include any public open space for parks. We trust the city of Huntington Beach will not allow the certification of the environmental impact report and deny this project for the reasons stated above. Thank you, Sincerely -- Davoud Manouchehri Davoud@Manouchehri.com (714)840-8791 (Cell) (714)908-1818 (Fax) 698 Bolsa Chica Senior Living Community City Council November 7, 2023 699 -----~ --------~ -----=-= -------- -......-~----· -----_.._ -------=--------=;:;------~ ~-==--::- General Plan Amendment No. 21-004 Zoning Map Amendment No. 21-003 Zoning Text Amendment No. 22-005 Conditional Use Permit No. 21-024 Final Environmental Impact Report No. 21-004 BOLSA CHICA SENIOR LIVING COMMUNITY 700 EXISTING PROJECT SITE •3.10 Acres •Two Parcels: 4952 and 4972 Warner Avenue •55,000 sq. ft. commercial space 701 Environmental Impact Report to analyze the potential environmental impacts associated with the project General Plan Amendment to amend the land use designation of the project site from Commercial General (CG) to Mixed Use (MU) with a Specific Plan Overlay; Zoning Map Amendment to amend the zoning designation of the project site from Commercial General (CG) to Specific Plan (SP-19); Zoning Text Amendment to establish the Bolsa Chica Senior Living Community Specific Plan (BCSLC) for the subject site PROJECT REQUEST 702 PROJECT REQUEST Conditional Use Permit No. 21-024 Demolish 55,000 sq. ft. existing commercial Construct 5-Story 202-unit convalescent facility 28 Memory Care 72 Assisted Living 102 Independent Living Subterranean parking garage with 189 spaces On-site indoor and outdoor amenities and dining facilities with alcohol service Associated hardscape and landscape improvements Site with > 3 ft. grade differential Involves >25,000 cubic yards of excavation 703 •General Plan Amendment No. 21-004 •Provides for both residential and commercial uses on same site •Current CG and proposed MU designations compatible with surrounding area GENERAL PLAN AMENDMENT Subject Site 704 •Zoning Map Amendment No. 22-003 •Provides for the orderly development of the subject site to create a cohesive senior living community •Adoption of ZMA request conforms with public convenience, general welfare, and good zoning practice •Implements proposed General Plan Land Use designation of MU-sp ZONING MAP AMENDMENT Subject Site 705 ZONING TEXT AMENDMENT Request to rezone subject site From CG to a Specific Plan district HBZSO Chapter 215 Establish the Bolsa Chica Senior Living Community Specific Plan (SP19) Draft Specific Plan writes the development standards for the proposed project 706 OPERATION Subterranean Parking Garage Project Specific Parking Study 166 Spaces Peak Demand 189 Spaces Provided Open and Staffed 24/7 Secure Environment for Residents Dedicated emergency, service, and waste vehicle access At-grade passenger drop-off on Bolsa Chica Parking Garage Driveway Passenger Drop Off 2nd Fire Lane Emergency Service Waste 707 oc El.Et >ET~ I "'I) f;flCefflD I ~ ~__.___._,'--f"O'. II.LC 0 .~a: I I I :P, ~·rn. !E>/1:E l'CC I i I I ELEVATIONS 708 PROP'::RTYUN S£T&AO( L114E ------• • rvn111 F~•t3!,CJ' 6 FINAL ENVIRONMENTAL IMPACT REPORT (EIR) NO. 21-004 Draft EIR NO. 21-004 November 10, 2022: Notice of Preparation, Scoping Meeting May 1, 2023 –June 15, 2023: Draft EIR Public Comment Period August 2023: Final EIR and Response to Comments Final EIR No. 21-004 Analyzes potential environmental impacts with project implementation Identifies project’s impacts as compared to existing conditions, proposed mitigation measures, and level of significance after mitigation applied No impacts identified that are considered significant, adverse, and unavoidable after all mitigation is applied 709 FINAL ENVIRONMENTAL IMPACT REPORT (EIR) NO. 21-004 Analysis and Conclusion No significant unavoidable adverse impacts Significant impacts can be feasibly mitigated or avoided Project Design Features (PDFs) Standard Code Requirements Mitigation Measures Mitigation Monitoring Program incorporated into Conditions of Approval for CUP 710 PLANNING COMMISSION ACTION Public Hearing September 26, 2023 15 public speakers; 6 in favor and 9 opposed Support for a new senior living community citing community need Opposition citing concerns with height and location Planning Commission voted 6-1 Approve CUP Recommend Approval of EIR, GPA, ZMA, and ZTA 711 APPEALS October 5, 2023 –Two Appeals of Planning Commission’s approval of subject CUP Filed Councilmember Burns Council review and consider all applications concurrently CUP presented to Council for consideration Brian Thienes Comments disputing suggested findings of CUP Comments on analysis discussed in EIR Response to Comments (RTC) in Final EIR LSA reviewed comments and provided specific responses No new information or evidence to support claims of Mr. Thienes’ appeal 712 PLANNING COMMISSION AND STAFF RECOMMENDATION Recommend that the City Council: Certify EIR No. 21-004 as adequate and complete; Adopt General Plan Amendment No. 21-004, Zoning Map Amendment No. 21-003, and Zoning Text Amendment No. 22-005 Approve CUP No. 21-024 Suitable Project Site Specific Plan Development Standards Reduced Trip Generation No Detrimental Impacts to Surrounding Uses Consistent with General Plan Infill Development Supports Community Housing Needs 713 Questions? 714 From:cincorr@icloud.com To:supplementalcomm@surfcity-hb.org; Strickland, Tony; Van Der Mark, Gracey; Burns, Pat; Casey.mckeon@surfcity.hb.org; Moser, Natalie; Bolton, Rhonda; Fikes, Cathy Subject:Senior development project objection Date:Tuesday, October 31, 2023 12:51:07 PM Hello, I live in Brightwater and am opposed to the proposal for a senior living community beingplanned near my home. The Developer for the Bolsa Chica senior living community wants its own specific plan andproposes 69 units per acre. The building will be 72 feet tall measured from the sidewalk at thecorner to the top of the roof parapet. The documents say 65 feet, but it does not include theroof parapet and it is measured from the highest Street elevation, not the lower elevation at theintersection of Warner and Bolsa Chica, where everybody will see it. The building will be 5.4times larger than the existing buildings. The developer is proposing a floor area ratio of 2.42times the site area, for comparison the Bella Terra specific plan area A and B proposed a floorarea ratio of 1.75. Other specific plans in the city range from 4 to 25 dwelling units per acrewith some areas of downtown Huntington Beach being the maximum that I could find at thistime at 50 units per acre. The windward specific plan Located at the Southeast corner of LosPatos Avenue and Bolsa Chica Road used the specific plan concept and created 36 dwellingunits on 2.5 acres, this is the densest specific plan approved in our area at 14.4 units per acre. As far as I know, this will be one of most dense projects ever approved in the city ofHuntington Beach. The bulk restriction should remain at 1.5 of the site area. Maximumheight should remain at 50 feet which is a very generous height for our neighborhood. If this project is approved, it is my belief that our neighborhood will soon be covered withmassive apartment buildings on every retail site. We watched this happen at Bella Terra anddowntown Huntington Beach, if this project is approved, I am sure it will open the doors toother similar projects like Bella Terra. Can you imagine, the environmental impact report says multiplying the building area 5.4 timesto its existing size has no impact on the surrounding environment. I believe the cumulativeeffect of approving this project and the future projects to follow will have a significantnegative impact on our community. Basically, this is a piecemealing effort to rezone andchange the general plan of our community without an overall environmental impact report.Piecemealing is not allowed per California Civil Code. It was the California environmentalquality act that stopped the Brightwater development of 6000 homes and a marina to the 355single-family homes you see here today. The environmental impact report for this project isseriously flawed. I will be providing more details closer to the hearing. At 69 dwelling units per acre the project is way too dense, there are no projects in our area thateven come close to this level of density or massive structure. Most buildings in our area are 3stories maximum in our setback from the street much further than 10 feet. 715 The city has developed zoning standards which do not allow for a 65-foot-high buildingstructure. The building structure would tower over the existing residence which is only 2stories tall. The proposed structure is not compatible in proportion, scale, or character to theadjoining uses. The exhibits shown in the environmental impact report indicate the structurewill be 72 feet tall viewed from the intersection of Bolsa Chica and Warner Avenue or 78 feetto the top of roof equipment. Not only is 65 feet way too tall, but the environmental impactreport is also misleading. Most of the surrounding buildings are maximum 3 stories tall andare set far back from the street. The existing zoning has been adopted by the residents for years and has been relied on by theresidents to protect the integrity of the community. Allowing the general plan amendment andthe zoning map amendment to change the zoning from CG to specific plan would cause long-term environmental impacts to the community. Our neighborhood is not Bella Terra. Please do not adopt the General plan amendment, zoning map amendment or the conditionaluse permit for the Bolsa Chica senior living community, it is not right for our community, it isway too big. Regards, Cindy Corrigan 4762 Oceanridge Dr Huntington Beach, Ca 92649 716 From:Dan Grommersch To:supplementalcomm@surfcity-hb.org Subject:Senior Living Project at Bolsa Chica & Warner Avenue Date:Tuesday, October 31, 2023 12:35:22 PM Greetings City Council Members, My name is Dan Grommersch and I live in the Brightwater community near the proposed site of the multi-story retirement building. I also met several of you during your election campaign when you came to Brightwater to solicit my vote. It was my understanding that you campaigned on the idea of reducing the rampant growth of low income and multistory buildings in Hunting Beach. Consequently, I ask that you honor this campaign pledge and say “NO” to the Bolsa Chica Senior Living complex. This high-density project will ruin the aesthetics of our local community due to its size in height and footprint. It will also create more noise and traffic congestion due to the increase traffic from the new residents, the facility staff and the suppliers to this facility; which not only negatively impacts our community of Brightwater, but also the local wildlife that calls the Bolsa Chica wetlands their home. Additionally, I understand the proposed project exceeds the existing height and setback requirements in the city code, which is an additional reason to vote “NO” on this project as it will set a precedent and open our community to future unsightly buildings of this size and scope. Drive by the Bella Terra area and witness the unsightliness and congestion in this area due to these high-density residencies. Thank you for considering my request and voting “NO” on this project. Regards, Dan 717 4872 Oceanridge Drive 718 From:Marcie Zeller To:supplementalcomm@surfcity-hb.org Subject:Fwd: Senior Living Center Bolsa Chica & Warner Date:Monday, October 30, 2023 3:04:51 PM Please see our letter below to the city council members for your records. WE OPPOSE THE SENIOR LIVING CENTER on BOLSA CHICA AND WARNER! Please HELP……… Marcie and Lee Zeller Brightwater Residents Begin forwarded message: From: Marcie Zeller <marciezeller@gmail.com> Subject: Senior Living Center Bolsa Chica & Warner Date: October 30, 2023 at 2:59:11 PM PDT To: Tony.strickland@surfcity-hb.org, Gracey.VanDerMark@surfcity- hb.org, Pat.Burns@surfcity-hb.org, Casey.McKeon@surfcity-hb.org, Dan.Kalmick@surfcity-hb.org, Natalie.Moser@surfcity-hb.org, Rhonda.Bolton@surfcity-hb.org, CFikes@surfcity-hb.org Dear HB City Council Members, This email is an objection regarding the TALL proposed Senior Living Center building at the corner of Bolsa Chica and Warner, which does not comply with current building standards. PLEASE DO NOT APPROVE THIS PROJECT! The local residents and business have complied with these zoning requirements per the HB city regulations and we feel these regulations should be respected and not be changed. There is no reason to OVERBUILD this corner. More importantly is the current TRAFFIC situation. Have any of you ever been on the corner of Bolsa Chica and Warner, especially in the afternoon? It is always congested, backed up and many accidents and too many close calls. Lots of pedestrians, bikes, buses and cars. There are already double turning lanes due to the current congestion in the area. IT MAKES NO SENSE TO ADD MORE CARS!! I’m sure this proposed building will negatively impact our present environment in many ways. The building is a BIG mismatched project that doesn’t belong in our neighborhood. Please consider the residents when you make decisions and DENY this project. 719 Thank you for your time and consideration. Marcie and Lee Zeller Brightwater Residents 720 From:Jonathan Bonwit To:Robin.Estanislau@surfcity.hb.org Cc:supplementalcomm@surfcity-hb.org Subject:Objection to proposed Bolsa Chica Senior Living Community Project SCH No. 2022110040 Date:Monday, October 30, 2023 2:46:15 PM Attachments:Objection Letter to HB City Planning Commission_06-15-202_Jonathan Bonwit.pdf Please include this Letter and Attachment in the Info Package for the upcoming HB CityCouncil Meeting on November 7, 2023 October 30, 2023 Dear Ms. Estanislau, My name is Jonathan Bonwit and I own and live at 4622 Oceanridge Drive, HuntingtonBeach, CA 92649 in the Brightwater Community. As you may be aware, on June 15, 2023 I emailed my strong objections to the HB CityPlanning Commission regarding the proposed Bolsa Chica Senior Living CommunityProject (See attached), SCH No. 2022110040 located at 4952 and 4972 Warner Avenue,Huntington Beach, CA. (see my attached objection letter to the Planning Commission dated6/15/2023) This proposed immense 5-story high complex to be built on nearly a zero-lot line with only ameager 10 feet setback clearly does not fit into the surrounding neighborhood of two-storyhigh homes and commercial structures. This proposed behemoth will tower over all neighboring buildings, flood our streets withoverflow parking that will inhibit public access to the Bolsa Chica Ecological Reserve hikingtrail system, and create significant traffic congestion at the primary entrance and egress pointto our Brightwater community. The Developer for this proposed Bolsa Chica Senior Living Community wants his ownspecific plan exception to build an enormous 69 units-per-acre complex. This buildingactually will be 72 feet tall measured from the sidewalk at the corner to the top of the roofparapet. The misleading documents wrongfully state it will be 65 feet tall, but it does notinclude the roof parapet and is measured from the highest street elevation, rather than from thelower elevation at the intersection of Warner Avenue and Bolsa Chica Street where it will beprominently seen. 721 This massive structure will be 5.4 times (5x) larger than the surrounding existing homesand buildings! The developer is requesting approval to build a giant floor area ratio of 2.42 times the sitearea which is 69 units-per-acre! In comparison, the Bella Terra specific plan area A and Bproposed a floor area ratio of 1.75. Most other specific plans in the city range from 4 to 25dwelling units per acre. The Windward specific plan located nearby at the Southeast corner ofLos Patos Avenue and Bolsa Chica Street used the specific plan concept and created 36dwelling units on 2.5 acres which is the densest specific plan approved in our area at 14.4units per acre up until this proposal. This complex is one of most dense projects ever proposed in the city of HuntingtonBeach. Consequently, I respectfully petition our City Council to not alter the bulk restrictionand create a special exception for this project and plea the bulk restriction should remain at 1.5of the site area. And the maximum height should remain at 50 feet which is a very generousmaximum height allowed in our quiet residential neighborhood in Surf City. If this insane project is approved, it is my firm belief that our quiet neighborhood will soon becovered with massive apartment buildings on every retail site. We watched this nightmareplay out at Bella Terra and downtown Huntington Beach. If approved, it will establishprecedence to inundate this area with other similar projects such as sadly occurred aroundBella Terra. I pay over $28,000 per year in property taxes and do not want this project to destroy myproperty value nor destroy the ambiance and aesthetics of the Bolsa Chica Ecological Reserveand our beautiful beach community. If I had wanted to live near giant high rises, then I wouldhave purchased a home in Santa Monica or downtown Long Beach. The developer’s environmental impact report wrongfully states that multiplying this proposedbuilding area by 5.4 times (5x) the size of the existing surrounding homes and buildings hasno impact on the surrounding environment. That is a complete fabrication of the truth. Ofcourse it will negatively impact this neighborhood, how could it not? We’re talking aboutbuilding a mammoth structure over 5x the size of the surrounding homes and structures! The cumulative effect of approving this project and the future projects to follow will have asignificant negative impact on our community. Basically, this is a piecemealing effort torezone and change the general plan of our community without an overall environmentalimpact report. Piecemealing (aka, block busting) is not allowed per California Civil Code. It was theCalifornia Environmental Quality Act that stopped the Brightwater developer from buildinghis originally proposed 6,000 homes and a marina here in Brightwater that was later reduced 722 down to only 355 single-family homes that we have today. The environmental impact report for this project is seriously flawed and misleading. At 69 dwelling units-per-acre density this project is way too dense for thisneighborhood. There are no projects in our area that even come close to this level ofdensity and mass. Most buildings in our area are only 2 stories high with only a fewexceptions being 3 stories high max. And all are setback way from the street significantlyfurther than this proposed 10 feet setback. The city has developed and enforced zoning standards which do not allow for a 65-foot-highbuilding structure in this neighborhood. Period. Please honor and abide by this well-established zoning standard. This proposed structure is clearly not compatible in proportion, scale, or character to theadjoining uses. The existing zoning has been adopted and followed in good faith by we taxpaying residentsfor decades and has been relied upon by residents to protect the integrity of our community. Allowing the general plan amendment and the zoning map amendment to change the zoningfrom CG to specific plan to accommodate this one single developer will cause long-termenvironmental impacts to our community and have a negative impact on our property valuesand our families’ enjoyment of Surf City. Our quiet family neighborhood is not, and does notwant to be another Bella Terra. Please reject and do not adopt the General plan amendment, zoning map amendment, or theconditional use permit for the Bolsa Chica senior living community. Decline approval for thisproject. Thank you for your service and for protecting our families and our community. Regards, Jonathan Bonwit 4622 Oceanridge Drive Huntington Beach, CA 92649 723 714-412-2222 JBonwit@earthlink.net 724 9/27/23, 6:34 PM EarthLink Mail https://webmail1.earthlink.net/folders/INBOX.Sent/messages/349/print?path=INBOX.Sent 1/1 Public Interest Comment and Objection re: Proposed Development SCH No.2022110040 From:Jonathan Bonwit <jbonwit@earthlink.net> To:<tracy.pellman@surfcity-hb.org>, <butch.twining@surfcity-hb.org>, <Kayla.Acosta-Galvan@surfcity-hb.org>, <Oscar.Rodriguez@surfcity-hb.org>, <Ian.Adam@surfcity-hb.org>, <don.kennedy@surfcity-hb.org>, <rick.wood@surfcity- hb.org> Cc:<Tony.strickland@surfcity-hb.org>, <Gracey.VanDerMark@surfcity-hb.org>, <Pat.Burns@surfcity-hb.org>, <Casey.McKeon@surfcity-hb.org>, <Dan.Kalmick@surfcity-hb.org>, <Natalie.Moser@surfcity-hb.org>, <CFikes@surfcity- hb.org> Subject:Public Interest Comment and Objection re: Proposed Development SCH No.2022110040 Date:Sep 27, 2023 6:11 PM To the Planning Commission and City Council for Huntington Beach: As a property taxpaying long-term resident of Huntington Beach, CA. I would like to provide my comments and objection to the proposed Bolsa Chica Senior Living Community Project, SCH No. 2022110040 Located at 4952 and 4972 Warner Avenue, Huntington Beach, CA. It is outrageous that our Planning Commission and City Council would even consider allowing a developer to build a monstrous 6 story high senior living complex on Warner Avenue and Bolsa Chica Street when all of the surrounding buildings are only two (2) story high. This monstrosity will devalue our nearby homes, increase traffic congestion, and saturate the area with cars searching the streets for parking. The developer does not allocate enough parking spaces for the estimated 100 + employees who will work at the complex, let alone all of the residences and their guests. I object to the general plan amendment to change the land use designation from CG to mixed-use (MU) and I object to the zoning map amendment to change the zoning from CG to specific plan (SP). I also object to the increase in allowable floor area ratio to 2.5 and I object to raising the maximum building height to 65 feet. I believe the impact on the environment has not been reasonably assessed. The project’s inconsistency with the city of Huntington Beach policy and zoning will cause significant physical environmental impacts to our neighborhood. The only reason the developer is seeking a specific plan is for greed, they will make a substantial profit creating their own zoning Standards while destroying our neighborhood. I find it hard to believe the city of Huntington Beach planning staff would allow this project to be presented to the planning commission. There are no 65-foot-tall buildings built 10 feet from the property line anywhere near our neighborhood. I urge the planning commission to deny the developer’s request. There is no reason this project cannot be built to meet the current zoning standards. The current project is substantially under parked, there is no way the project has sufficient parking for the 110 employees, residents and all of the visitors. This project would be a giant disaster for our neighborhood and would open the door to future developments of similar nature. This project does not fit our neighborhood, it is the duty of the planning commission to enforce development standards consistent with the surrounding neighborhood. This proposed development is more than double the allowed size with half of the required parking when you consider everything being proposed within the project. Please reject this application to build a six-story complex and limit the size to a two (2) story building to conform with the adjacent properties. Thank you. Regards, Jonathan Bonwit Resident 4622 Oceanridge Drive Huntington Beach, CA 92649 JBonwit@earthlink.net 725 ------------------------ ----------------------- From:Fikes, Cathy To:Agenda Alerts Subject:FW: Bolsa Chica Senior Living Project Date:Tuesday, October 31, 2023 5:13:52 PM Attachments:Support for Bolsa Chica Senior Living.docx From: Brian Genovese <briangrealty@gmail.com> Sent: Tuesday, October 31, 2023 2:45 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org>; Fikes, Cathy <CFikes@surfcity- hb.org> Cc: bolsachicaseniorliving@gmail.com Subject: Bolsa Chica Senior Living Project Good afternoon council members, Please find attached my letter in support of the Bolsa Chica Senior Living Project. Thank you for your consideration. Sincerely, Brian Genovese Brian Genovese Realtor DreamForce Real Estate Direct: (714) 696-9223 Lic# 01930733 Brkr # 02088410 2023-24 President- Fountain Valley Kiwanis 2023 Trustee- PAEC, Orange County Realtors 2023 Immediate Past Chair- Fountain Valley Chamber 2023 Ambassador- Fountain Valley Schools Foundation "The highest compliment I can receive is the referral of a friend or family member for their particular real estate needs." 726 Click Here to Refer Friends & Family 727 From:Fikes, Cathy To:Agenda Alerts Subject:FW: Bolsa Chica Senior living community, Southwest corner Bolsa Chica and Warner Avenue Date:Tuesday, October 31, 2023 5:14:19 PM Attachments:2023-10-05 Appeal Letter Stamped by City Clerk.pdf From: Brian Thienes <Briant@thieneseng.com> Sent: Monday, October 30, 2023 6:49 AM To: Bolton, Rhonda <Rhonda.Bolton@surfcity-hb.org>; Fikes, Cathy <CFikes@surfcity-hb.org> Cc: Tricia Thienes <Tricia.Thienes@carringtonhc.com>; Tim Carmel <tcarmel@carnaclaw.com> Subject: Bolsa Chica Senior living community, Southwest corner Bolsa Chica and Warner Avenue Dear councilmember Bolton, My name is Brian Thienes, I live at 4512 Oceanridge Drive, Huntington Beach, CA. As you may be aware, I filed an appeal to the proposed Bolsa Chica Senior Living Community Project (See attached), SCH No. 2022110040 Located at 4952 and 4972 Warner Avenue, Huntington Beach, CA. I believe this development is not right for our community, it is way too big. The Developer for the Bolsa Chica senior living community wants its own specific plan and proposes 69 units per acre. The building will be 72 feet tall measured from the sidewalk at the corner to the top of the roof parapet. The documents say 65 feet, but it does not include the roof parapet and it is measured from the highest Street elevation, not the lower elevation at the intersection of Warner and Bolsa Chica, where everybody will see it. The building will be 5.4 times larger than the existing buildings. The developer is proposing a floor area ratio of 2.42 times the site area, for comparison the Bella Terra specific plan area A and B proposed a floor area ratio of 1.75. Other specific plans in the city range from 4 to 25 dwelling units per acre with some areas of downtown Huntington Beach being the maximum that I could find at this time at 50 units per acre. The windward specific plan Located at the Southeast corner of Los Patos Avenue and Bolsa Chica Road used the specific plan concept and created 36 dwelling units on 2.5 acres, this is the densest specific plan approved in our area at 14.4 units per acre. As far as I know, this will be one of most dense projects ever approved in the city of Huntington Beach. The bulk restriction should remain at 1.5 of the site area. Maximum height should remain at 50 feet which is a very generous height for our neighborhood. If this project is approved, it is my firm belief that our neighborhood will soon be covered with massive apartment buildings on every retail site. We watched this happen at Bella Terra and downtown Huntington Beach, if this project is approved, I am sure it will open the doors to other similar projects like Bella Terra. Can you imagine, the environmental impact report says multiplying the building area 5.4 times to its existing size has no impact on the surrounding environment. I believe the cumulative effect of approving this project and the future projects to follow will have a significant negative impact on our community. Basically, this is a piecemealing effort to rezone and change the general plan of our community without an overall environmental impact report. Piecemealing is not allowed per 728 California Civil Code. It was the California environmental quality act that stopped the Brightwater development of 6000 homes and a marina to the 355 single-family homes you see here today. The environmental impact report for this project is seriously flawed. I will be providing more details closer to the hearing. At 69 dwelling units per acre the project is way too dense, there are no projects in our area that even come close to this level of density or massive structure. Most buildings in our area are 3 stories maximum in our setback from the street much further than 10 feet. The city has developed zoning standards which do not allow for a 65-foot-high building structure. The building structure would tower over the existing residence which is only 2 stories tall. The proposed structure is not compatible in proportion, scale, or character to the adjoining uses. The exhibits shown in the environmental impact report indicate the structure will be 72 feet tall viewed from the intersection of Bolsa Chica and Warner Avenue or 78 feet to the top of roof equipment. Not only is 65 feet way too tall, but the environmental impact report is also misleading. Most of the surrounding buildings are maximum 3 stories tall and are set far back from the street. The existing zoning has been adopted by the residents for years and has been relied on by the residents to protect the integrity of the community. Allowing the general plan amendment and the zoning map amendment to change the zoning from CG to specific plan would cause long-term environmental impacts to the community. Our neighborhood is not Bella Terra. Please do not adopt the General plan amendment, zoning map amendment or the conditional use permit for the Bolsa Chica senior living community, it is not right for our community, it is way too big. Thank you, Brian Thienes 714-928-3501 729 From:dad2st@aol.com To:CITY COUNCIL (INCL. CMO STAFF) Cc:supplementalcomm@surfcity-hb.org Subject:Bolsa Chica Senior Living Community Date:Wednesday, November 1, 2023 8:58:59 AM I urge you all to vote no on this current development. This many residences, parking spaces et al packed on only three acres is ridiculous. Especially when one considers it will be five stories high and stick out like a sore thumb at the intersection of the Warner Motor Speedway and Bolsa Chica Raceway. At the very least reduce it's size to only three stories. A reply will be appreciated. Thank you Chuck Burns 714 369-7384 730 From:Fikes, Cathy To:Agenda Alerts Subject:FW: Bolsa Chica Senior Living Community Project Date:Wednesday, November 1, 2023 9:10:42 AM Attachments:image001.png From: Tatyana Bukrinsky <Tatyana.Bukrinsky@kp.org> Sent: Wednesday, November 1, 2023 8:51 AM To: Strickland, Tony <Tony.Strickland@surfcity-hb.org>; Van Der Mark, Gracey <Gracey.VanDerMark@surfcity-hb.org>; Burns, Pat <Pat.Burns@surfcity-hb.org>; McKeon, Casey <Casey.McKeon@surfcity-hb.org>; Kalmick, Dan <Dan.Kalmick@surfcity-hb.org>; Moser, Natalie <Natalie.Moser@surfcity-hb.org>; Fikes, Cathy <CFikes@surfcity-hb.org>; Bolton, Rhonda <Rhonda.Bolton@surfcity-hb.org> Cc: Tatyana Bukrinsky <tatyana.bukrinsky@gmail.com> Subject: Bolsa Chica Senior Living Community Project My name is Tatyana Bukrinsky, I live at 4871 Oceanridge Dr, Huntington Beach, CA. I would like you to be aware of my opinion related to the proposed Bolsa Chica Senior Living Community Project, located at 4952 and 4972 Warner Avenue, Huntington Beach, CA. I believe this development is not right for our community, it is way too big. The Developer for the Bolsa Chica senior living community wants its own specific plan and proposes 69 units per acre. The building will be 72 feet tall measured from the sidewalk at the corner to the top of the roof parapet. The documents say 65 feet, but it does not include the roof parapet and it is measured from the highest Street elevation, not the lower elevation at the intersection of Warner and Bolsa Chica, where everybody will see it. The building will be 5.4 times larger than the existing buildings. The developer is proposing a floor area ratio of 2.42 times the site area, for comparison the Bella Terra specific plan area A and B proposed a floor area ratio of 1.75. Other specific plans in the city range from 4 to 25 dwelling units per acre with some areas of downtown Huntington Beach being the maximum that I could find at this time at 50 units per acre. The windward specific plan Located at the Southeast corner of Los Patos Avenue and Bolsa Chica Road used the specific plan concept and created 36 dwelling units on 2.5 acres, this is the densest specific plan approved in our area at 14.4 units per acre. As far as I know, this will be one of most dense projects ever approved in the city of Huntington Beach. The bulk restriction should remain at 1.5 of the site area. Maximum height should remain at 50 feet which is a very generous height for our neighborhood. If this project is approved, it is my firm belief that our neighborhood will soon be covered with massive apartment buildings on every retail site. We and downtown watched this happen at Bella Terra Huntington Beach, if this project is approved, I am sure it will open the doors to other similar projects like Bella Terra. Can you imagine, the environmental impact report says multiplying the building area 5.4 times to its existing size has no impact on the surrounding environment. I believe the cumulative effect of approving this project and the future projects to follow will have a significant negative impact on our 731 community. Basically, this is a piecemealing effort to rezone and change the general plan of our community without an overall environmental impact report. Piecemealing is not allowed per California Civil Code. It was the California environmental quality act that stopped the Brightwater development of 6000 homes and a marina to the 355 single-family homes you see here today. The environmental impact report for this project is seriously flawed. I will be providing more details closer to the hearing. At 69 dwelling units per acre the project is way too dense, there are no projects in our area that even come close to this level of density or massive structure. Most buildings in our area are 3 stories maximum in our setback from the street much further than 10 feet. The city has developed zoning standards which do not allow for a 65-foot-high building structure. The building structure would tower over the existing residence which is only 2 stories tall. The proposed structure is not compatible in proportion, scale, or character to the adjoining uses. The exhibits shown in the environmental impact report indicate the structure will be 72 feet tall viewed from the intersection of Bolsa Chica and Warner Avenue or 78 feet to the top of roof equipment. Not only is 65 feet way too tall, but the environmental impact report is also misleading. Most of the surrounding buildings are maximum 3 stories tall and are set far back from the street. The existing zoning has been adopted by the residents for years and has been relied on by the residents to protect the integrity of the community. Allowing the general plan amendment and the zoning map amendment to change the zoning from CG to specific plan would cause long-term environmental impacts to the community. Our neighborhood is not Bella Terra. Please do not adopt the General plan amendment, zoning map amendment or the conditional use permit for the Bolsa Chica senior living community, it is not right for our community, it is way too big. Thank you, Tatyana Bukrinsky 8186401620 Tatyana Bukrinsky, PharmD., PRS Senior Manager, National Pharmacy Controls, Monitoring & Reporting 12254 Bellflower Blvd. Independence Park Office #022W28 Downey, CA 90242 Cell (: 562.505.6276 * Tatyana.Bukrinsky@kp.org Archer Online Platform Access NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing, copying, or otherwise using or disclosing its contents. If you have received this e-mail in error, please notify the sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading, forwarding or saving them. v.173.295 732 KAJSER PERMANENrE. Nationa I Pharmacy Controls Thank you. 733 From:Fikes, Cathy To:Agenda Alerts Subject:FW: Proposed Bolsa Chica Senior Living Project Date:Wednesday, November 1, 2023 4:17:15 PM From: Amrik Phull <amrik.phull@sbcglobal.net> Sent: Wednesday, November 1, 2023 4:12 PM To: Fikes, Cathy <CFikes@surfcity-hb.org> Subject: Proposed Bolsa Chica Senior Living Project My name is Amrik Phull. I live at 4912 Oceanridge Drive, Huntington Beach, CA. I would like you to be aware of my opinion related to the proposed Bolsa Chica Senior Living Community Project, located at 4952 and 4972 Warner Avenue, Huntington Beach, CA. I believe this development is not right for our community, it is way too big. The Developer for the Bolsa Chica senior living community wants its own specific plan and proposes 69 units per acre. The building will be 72 feet tall measured from the sidewalk at the corner to the top of the roof parapet. The documents say 65 feet, but it does not include the roof parapet and it is measured from the highest Street elevation, not the lower elevation at the intersection of Warner and Bolsa Chica, where everybody will see it. The building will be 5.4 times larger than the existing buildings. The developer is proposing a floor area ratio of 2.42 times the site area, for comparison the Bella Terra specific plan area A and B proposed a floor area ratio of 1.75. Other specific plans in the city range from 4 to 25 dwelling units per acre with some areas of downtown Huntington Beach being the maximum that I could find at this time at 50 units per acre. The windward specific plan Located at the Southeast corner of Los Patos Avenue and Bolsa Chica Road used the specific plan concept and created 36 dwelling units on 2.5 acres, this is the densest specific plan approved in our area at 14.4 units per acre. As far as I know, this will be one of most dense projects ever approved in the city of Huntington Beach. The bulk restriction should remain at 1.5 of the site area. Maximum height should remain at 50 feet which is a very generous height for our neighborhood. If this project is approved, it is my firm belief that our neighborhood will soon be covered with massive apartment buildings on every retail site. We watched this happen at Bella Terra and downtown Huntington Beach, if this project is approved, I am sure it will open the doors to other similar projects like Bella Terra. Can you imagine, the environmental impact report says multiplying the building area 5.4 times to its existing size has no impact on the surrounding environment. I believe the cumulative effect of approving this project and the future projects to follow will have a significant negative impact on our community. Basically, this is a piecemealing effort to rezone and change the general plan of our community without an overall environmental impact report. Piecemealing is not allowed per California Civil Code. It was the California environmental quality act that stopped the Brightwater development of 6000 homes and a marina to the 355 single-family homes you see here today. The environmental impact report for this project is seriously flawed. I will be providing more details closer to the hearing. At 69 dwelling units per acre the project is way too dense, there are no projects in our area that even come close to this level of density or massive structure. Most buildings in our area are 3 stories maximum in our setback from the street much further than 10 feet. The city has developed zoning standards which do not allow for a 65-foot-high building structure. The building structure would tower over the existing residence which is only 2 stories tall. The proposed structure is not compatible in proportion, scale, or character to the adjoining uses. The exhibits shown in the environmental impact report indicate the structure will be 72 feet tall viewed from the intersection of Bolsa Chica and Warner Avenue or 78 feet to the top of roof equipment. Not only is 65 feet way too tall, 734 but the environmental impact report is also misleading. Most of the surrounding buildings are maximum 3 stories tall and are set far back from the street. The existing zoning has been adopted by the residents for years and has been relied on by the residents to protect the integrity of the community. Allowing the general plan amendment and the zoning map amendment to change the zoning from CG to specific plan would cause long-term environmental impacts to the community. Our neighborhood is not Bella Terra. Please do not adopt the General plan amendment, zoning map amendment or the conditional use permit for the Bolsa Chica senior living community, it is not right for our community, it is way too big. Thank you, Amrik Phull (714) 392 4666 735 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-751 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Hayden Beckman, Senior Planner Subject: Appeal of the Planning Commission’s denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) Statement of Issue: City Council is requested to consider Dylan Walker and Michael Garrett’s appeal of the Planning Commission’s denial of Administrative Permit No. 22-015. Their permit application requests to provide reasonable accommodation to the operator of a sober living home on a property that is located within 1,000 linear feet of another group home or State-licensed residential care facility. The Planning Commission held a public hearing on July 11, 2023 and unanimously voted to deny the application with findings for denial. On July 21, 2023, Mr. Walker and Mr. Garrett appealed the Planning Commission’s action citing multiple reasons outlined in the appeal letter (Attachment No. 2). Financial Impact: Not Applicable. Recommended Action: Deny the appeal and uphold the Planning Commission’s denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Alternative Action(s): A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, uphold the appeal of the Planning Commission’s denial of Administrative Permit No. 22-015, and make findings and conditions of approval pursuant to Chapter 17.77.050 of the Huntington Beach Municipal Code. B) Continue Administrative Permit No. 22-015, and direct staff accordingly. Analysis: City of Huntington Beach Printed on 11/1/2023Page 1 of 5 powered by Legistar™736 File #:23-751 MEETING DATE:11/7/2023 A.REASONABLE ACCOMMODATION REQUEST In October 2020, the City Council adopted five Ordinances establishing regulations for the operation of group homes, a land use classification that includes sober living homes. Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City’s residential areas, subject to operation requirements and a minimum 1,000 linear feet buffer from other sober living homes, state-licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). A disabled applicant may seek an exception to the strict application of HBZSO Section 230.28 via a Reasonable Accommodation Request. The Reasonable Accommodation Request must set forth specific reasons as to why an exception to the HBZSO is required per Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A Reasonable Accommodation Request itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living home is considered disabled under State and Federal law, and thus a request for reasonable accommodation would apply to operators that do not comply with the current applicable buffer distance requirement. However, for a Reasonable Accommodation Request to be granted, it must meet all the findings pursuant to HBMC Section 17.77.050. B.REASONS FOR APPEAL The Planning Commission’s action on Administrative Permit No. 22-015 was appealed by the property owner, Mr. Walker, and the sober living home’s operator, Mr. Garrett, for reasons cited in an appeal letter received and dated July 21, 2023 (Attachment No. 2). The reasons for the appeal are listed below in italics with analysis from staff: 1) The City subjected the dwelling at 9452 Castlegate Drive, Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statues, including the Fair Housing Act and Americans with Disabilities Act; HBZSO Chapter 230.28 was adopted by the City Council in 2020 to provide greater consistency with state and federal statutes. In accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, HBMC Chapter 17.77 provides disabled persons policies and procedures for reasonable accommodations to ensure equal access to housing. Further, all residentially zoned properties are under the same regulations, and the appellant has not provided any City of Huntington Beach Printed on 11/1/2023Page 2 of 5 powered by Legistar™737 File #:23-751 MEETING DATE:11/7/2023 properties are under the same regulations, and the appellant has not provided any evidence to support this claim. 2) The City failed or refused to engage in an interactive process, as required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying the applicant’s request for reasonable accommodation; City records show that the subject request for Administrative Permit No. 2022-015 was filed on November 17, 2022, and subsequently deemed incomplete on December 15, 2022. An application was filed for a SUP at the subject property on December 20, 2022, and later withdrawn and deemed void and unnecessary given the Administrative Permit on file.The appellant was in continued communication with City staff regarding the status of the application, as well as clearing up the confusion of which application would be accepted for processing, given the fact that the subject property is not a candidate for ministerial approval of a SUP. At no time in the timeline of communications between staff and the appellant was there a failure or refusal to engage in an interactive process. Staff was accessible and assisted the appellant with proper filings to request reasonable accommodation. 3) The second Findings for Denial in the Planning Commission’s Notice of Action misconstrued and misapplied the necessity standard under HBMC 17.77.050(D) and under state and federal housing laws; A reasonable accommodation must not result in the fundamental alteration in the City’s zoning program. Factors the City may consider in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program include, but are not limited to: (1) Whether the requested accommodation would fundamentally alter the character of the neighborhood; (2) Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s zoning programs; AND (3) Whether the requested accommodation would create an institutionalized environment due to the number and distance between facilities that are similar in nature or operation. The zoning code forbids the operation of two or more sober living homes operating within 1000 feet of one another to avoid the clustering of these homes,which would create an institutionalized setting and drastically change the residential character of the residential neighborhood. The City seeks to ensure that disabled persons recovering from addiction City of Huntington Beach Printed on 11/1/2023Page 3 of 5 powered by Legistar™738 File #:23-751 MEETING DATE:11/7/2023 can reside in a comfortable residential environment versus in an institutional setting. Each reasonable accommodation request requires an analysis of the facts to see if an approval of the request would result in the fundamental alteration. Here, the subject sober living home is only 60 linear feet from another sober living home. The distance between the homes is so minimal that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. Because the distance between the homes is so minimal, the request would result in an overconcentration; furthermore, accommodation would require a fundamental alteration to the nature of the City’s zoning laws and programs. Thus, the requested accommodation would result in a fundamental alteration in the nature of the City’s zoning program, as fundamental alteration is defined in Fair Housing Laws and interpretive case law. 4) The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a “Single Housekeeping Unit” or “Supportive Housing”; The onus is on the applicant/appellant to demonstrate to the City how the subject operation is either a Single Housekeeping Unit (SHU) or Supportive Housing (SH) land use.As such, the appellant has not provided any evidence to support the claim that they should be classified as a SHU or SH, and the application form for both the SUP and subject Administrative Permit identifies the subject operation as “sober living home”. Further, the activities and features of the home do not meet the HBZSO definition of a SHU; Single Housekeeping Units are meant to have residents who are “stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non-profit basis.” Those features are not present here and no evidence has been given showing that the sober living home is operating on a non-profit basis with stable, non-transient residents. 5) The retroactive application of the City’s municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City’s treatment of nonconforming uses; and Retroactive application of the HBZSO is legal implementation of an adopted ordinance. HBMC Chapter 17.77 provides an administrative process for considering nonconforming land uses or standards for persons considered disabled. The City’s treatment of the subject property as a nonconforming use is consistent with applicable findings. 6) Even the City’s regulation were valid (sic), the records before the Planning Commission does not support the denial of applicant’s request for reasonable accommodation. The City’s adopted regulations were and remain valid. Staff has provided sufficient evidence to recommend findings for denial of the subject Reasonable Accommodation request. City of Huntington Beach Printed on 11/1/2023Page 4 of 5 powered by Legistar™739 File #:23-751 MEETING DATE:11/7/2023 Environmental Status: Pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Further, if the City Council approves the appellant’s request, action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Suggested Findings for Denial 2. Appeal Letter received and dated July 21, 2023 3. Planning Commission Staff Report dated July 11, 2023 4. Presentation City of Huntington Beach Printed on 11/1/2023Page 5 of 5 powered by Legistar™740 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR ADMINISTRATIVE PERMIT NO. 22-016: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The City Council finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulati ons of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The City Council finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The City Council finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City’s zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City’s zoning laws and modification of the policy intent behind regulation. 741 742 • • 21123 JUL 2 1 AH I l: 5 5 Notice of Appeal to the City council CIT Y CL E1 . C.IT Y uF To the City Clerk of the City of Huntington Beach: •P_l ')T •NCJ: · r _ = ,• "'" 1. Notice of Appeal: Pursuant to Section 248.20 of the Zoning and Subdivision Code of the City of Huntington Beach, Legacy Living LLC hereby appeals the decision of the Planning Commission in File #23-553 denying administrative permit #22-015 (request for reasonable accommodation re dwelling at 9452 Castlegate Drive, Huntington Beach, CA 92646) to the City Council. A copy of the determination from which Legacy appeals is attached hereto. 2. Persons Appealing: • Dylan Walker, property owner, PO Box 2320, Costa Mesa CA 92628; and, • Michael Garrett, Legacy Living, authorized representative, PO Box 3911, Huntington Beach CA 92605. 3. Attorney Representatives: • Garrett Prybylo, Seyfnia & Prybylo, LLP, 633 West 5th Street, Suite 2600, Los Angeles, California 90071; Tel: (213) 770-4529; email: gprybylo@splawllp.com; and, • Christopher Branart, Brancart & Brancart, PO Box 686, Pescadero, CA 94060; (650) 879-0141; email: cbrancart@brancart.com. 4. Grounds for Appeal: The grounds for appeal include but are not limited to the following: • The City subjected the dwelling at 9452 Castlegate Dr., Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code§§ 65008, 12955(1), 11135, 8899.50, and related federal statutes, including the Fair Housing Act and Americans with Disabilities Act; • The City failed or refused to engage in an interactive process, as -1- 743 required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying applicant's request for reasonable accommodation; • The second Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMCl 7.77.050(B) and under state and federal fair housing laws; • The fourth Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the fundamental alternation standard under HBMC 17.77.050(D) and under state and federal fair housing laws; • The Planning Commission e1Ted in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeep Unit" or "Supportive Housing;" • The retroactive application of the City's municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and, • Even the City's regulation were valid, the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. 5. Appeal Fee. Applicant-appellant tenders with this notice of appeal a check made payable to the City of Huntington Beach in the sum of $2,855.00. * * * Timely delivered to the Clerk of the City of Huntington Beach on Friday, July 21, 2023. Michael Garrett, Authorized Representative -2- 744 July 12, 2023 Michael Garrett PO Box 3911 Huntington Beach Planning Commission 2000 MAIN ST RE ET CALIFORNIA 926 48 NOTICE OF ACTION Huntington Beach CA 92605 SUBJECT: APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: DATE OF ACTION: ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) Michael Garrett, PO Box 3911, Huntington Beach CA 92605 Dylan Walker , P.O . Box 2320, Costa Mesa CA 92628 To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility . 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) July 11 , 2023 On Tuesday, July 11, 2023, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings . Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period . A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action . The notice of appeal shall include the name and address of the appellant , the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Eight Hundred and Fifty -Five Dollars ($2,855 .00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Five Hundred and Eighty-Two Dollars ($4,582 .00) if the appeal is filed by any other party . In your case, the last day for filing an appeal and paying the filing fee is Friday, July 21, 2023, at 5:00 PM. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Phone 714 -536-5271 Fax 714-374 -1540 www .surfclty -hb .org -3- 745 Notice of Action : AP 22-015 July 12, 2023 Page 2 Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020 . If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Hayden Beckman, the project planner, at (714) 536-5561 or via email at hayden.beckman@surfcity-hb .org, or the Community Development Department at (714) 536-5271 . Sincerely , Ursula Luna-Reynosa, Secretary Planning Commission neider , Planning Manager ULR :MS :HB :kdc Attachment: Findings For Denial -AP 22-015 c: Honorable Mayor and City Council Chair and Planning Commission Al Zelinka , City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Hayden Beckman, Senior Planner Property Owner Project File -4- 746 ATTACHMENT NO. 1 FINDINGS FOR DENIAL ADMINISTRATIVE PERMIT NO. 22-015 FINDINGS FOR ADMINISTRATIVE PERMIT NO. 22-015: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The Planning Commission finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3 . The Planning Commission finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. G:\PC\NOA\23\071123 AP 22-015 (Legacy Living Sober Facility) Attachment 1.1 -5- 747 .... DATE --:, ):,; I fb FUNDS RECEIVED FROM ADDRESS ) I FOR CASH RECEIPT CITY OF HUNTINGTON BEACH P.O. BOX 711 HUNTINGTON BEACH, CALIFORNIA 92648-0711 www.huntingtonbeachca.gov/payments I I I I ' \ I ( Issuing Dept. l I ( I' , Dept. Phone # ( t/ ) I (r - I I i/11 ' Ir\ Phone#: ( f ) ' ' l ( i, a \ ' ,, I ( I I I ) \ .\-,. r) .,.,,,,1; Lee.) ' ' ' I !I ,1 I ' I /\ 01r-(,' Ujr I L•~ D Credit Card $ J$f . AMOUNT RECEIVED D Cash D Check# I ( ' Prepared I Received ( \),,. Finance Bv Bv Approval IF OBJECT= 50000 THRU 90000, FINANCE APPROVAL REQUIRED Approval Date Business Unit I Object I Subs L D .!J l ) ~ ij !... .0 . ~ -'~i_j~ --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Stamped Validation Only Please do not write in the box below No. 339090 I Sub-Ledger I Type ------------------------------------------------------------------------------------------------------------ --------- TOTAL$ ____ r_t __ ISSUING DEPARTMENT COPY 74 8 LEGACY LIVING HOMES LLC 10311 MONITOR DR HUNTINGTON BEACH, CA 92646-3757 7143360450 :,rf'~~ ID'ATIE 7 -Z-I -l3 ~li.l. 0207 90-7162/3222 Ci+v OF l~v>'ltlJ:./vn Bea.d--i 1 $ 2.355 ,oo t: l?AYto'll'lHllEOllIDUOlF r C) CJ :Cw':tl tho vs Md £:i.,f It""-~ :fa~ G i=ry,, -Fi ve "Too 001.I.AllS @ '=-'::: CHASEO JPMorgan Chase Bank, N.A. lFOill Appeo../ A~~;~0 -~~n,± Tvo · 2.2-015 ~ 0~ M' 11• 0 0 0 2 0 7 11• 1: ~ 2 2 2 7 ~ f:i 2 7 1: 7 f:i q D 2 7 7 5. ~ 11• I. PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Director of Community Development BY: Hayden Beckman, Senior Planner SUBJECT: ..title ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) REQUEST: To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) ..body APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 92605 PROPERTY OWNER: Dylan Walker, P.O. Box 2320, Costa Mesa CA 92628 RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Deny Administrative Permit No. 22-015 with suggested findings for denial. ..end ALTERNATIVE ACTION(S): A) Continue Administrative Permit No. 22-015 and direct staff to return with findings for approval. B) Continue Administrative Permit No. 22-015 and direct staff accordingly. PROJECT PROPOSAL: The applicant is seeking a reasonable accommodation request to obtain approval to operate a sober living home on a property that is located approximately 60 feet from an existing elderly Group Home, which does not comply with the required 1,000 ft. buffer requirement between group homes, including sober living homes, or licensed Residential Care Facilities. 749 Background: In October 2020, the City Council adopted five Ordinances which amended multiple sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Huntington Beach Municipal Code (HBMC) to collectively establish regulations for the operation of group homes, a land use classification which includes sober living homes, in the City’s residential districts. Regulations set forth in Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City’s residential areas, subject to operation requirements and a minimum 1,000 linear foot buffer from other sober living homes or state licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). Special Use Permit In November 2022, and in accordance with the procedures established in HBZSO Section 230.28 Group Homes, the applicant filed a request for Special Use Permit (SUP) No. 22- 012 to permit the operation of an existing sober living home on the subject property that would serve 6 persons, not including an on-site house manager. Upon review, it was determined that the subject property was less than 1,000 linear feet from an existing elderly group home (Attachment No. 3) and thus not eligible to receive ministerial approval. Thus, the application was deemed void and withdrawn. As a ministerial (non- discretionary) action, no further administrative relief is applicable and no further action has been taken. Reasonable Accommodation Current code also provides an administrative process to request ‘Reasonable Accommodation’ for applicants with disabilities seeking relief from the strict application of the established regulations of HBZSO Section 230.28. Such applicants may request reasonable accommodation by setting forth specific reasons as to why accommodation over and above current regulations is necessary under State and Federal laws in accordance with Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. These requests are processed as Administrative Permits, to be reviewed and acted upon by the Director of Community Development. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living 750 home are considered disabled under State and Federal law, and thus a request for reasonable accommodation would be applicable to operators that do not comply with the current applicable buffer distance requirement. HBZSO Section 202.10 enables the Director of Community Development to refer matters involving development issues to the Planning Commission, and as such, the Director is referring the subject request for review and action by the Planning Commission. Required Findings There are five required findings when considering action on a request for reasonable accommodation. Pursuant to HBMC Section 17.77.050, a request for reasonable accommodation may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the reviewing authority finds that each finding is met. Below are each of the required findings, with discussion by staff. Note that the last of which is not applicable as the subject property is not located within the Coastal Zone: A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The City finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. The City recognizes that the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 751 D. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City’s zoning or building laws, policies, or procedures. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City’s zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City’s zoning laws and modification of the policy intent behind regulation. Two of the four (Findings B and D) applicable findings for reasonable accommodation cannot be met, as identified above. ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: Residential Low Density (RL) RL Single Family Residence North and East of Subject Property: RL RL Single Family Residential South and West of Subject Property: RL RL Single Family Residential General Plan Conformance: The proposed request for reasonable accommodation is not consistent with the goals and policies of the General Plan including: Land Use Element Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding the encroachment of incompatible land uses. 752 Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences and well maintained and protected. Policy LU-4(A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality of affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. Reasonable accommodation procedures were established in the Municipal Code to ensure that persons with disabilities are provided reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. However, in this instance, the City’s application of land use and zoning standards does not deprive disabled persons of equal access to housing. The subject request to permit a deviation from the mandatory 1,000 linear foot buffer between sober living homes and/or state licensed alcoholism or drug abuse recovery or treatment facilities is not necessary to provide housing for disabled persons because it is possible to obtain approval to operate a sober living home on a property that complies with the locational requirements. Should the City permit the subject request, the intent of the Ordinance to “preserve the residential character of single family neighborhoods” and, among other things, “provide accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood” would be degraded. The Ordinance was adopted to preserve and enhance the quality of existing housing in the City and the subject request, which would result in non-conformance, is thus not consistent with the goals and policies of the General Plan. Zoning Compliance: The City has adopted regulations to allow group homes, including sober living homes, to be located in residential neighborhoods. The intent of these regulations is to ensure that facilities maintain compatibility with the residential neighborhoods in which they are situated, ensure standards of operation, and to establish distance requirements that would prevent overconcentration of facilities in the neighborhood. The facility requesting 753 reasonable accommodation is approximately 60 linear feet east from an existing elderly Group Home, under the minimum 1,000 linear foot distance buffer requirement. As discussed in the suggested findings, the approval of the subject request would lead to a fundamental alteration of the City’s zoning program. In adopting the regulations of group homes, including sober living homes, the City Council made the finding that without some regulation there is no way of ensuring that the sober living home is operated professionally to minimize impacts to the surrounding neighborhood, and that the secondary impacts from over-concentration of sober living homes are reduced. Granting the accommodation to consider the subject facility as exempt from the requirements from HBZSO Section 230.28 would prevent the City from applying any zoning regulations applicable to a sober living home operation. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: Action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Coastal Status: Not Applicable. Design Review Board: Not Applicable. Public Notification: Reasonable Accommodation requests that do not affect a required setback are exempt from public notification requirements. Application Processing Dates: DATE OF COMPLETE APPLICATION: PROPOSED DATE OF ACTION: January 15, 2023 June 27, 2023 SUMMARY: Staff recommends that the Planning Commission deny the subject request based upon the following: - Request fails to meet all the mandatory findings of the Municipal Code - Request is not consistent with the goals and policies of the General Plan ATTACHMENTS: 1. Suggested Findings for Denial 2. Request for Reasonable Accommodation dated November 16, 2022 754 3. Subject Property to Existing Elderly Group Home 4. Planning Commission Staff Report dated June 9, 2020 5. HBZSO Section 230.28 Group Homes 6. HBMC Section 17.77 Reasonable Accommodation 755 Appeal of Planning Commission’s Denial of Administrative Permit No. 22-015 City Council November 7, 2023 756 -----~ --------~ -----=-= -------- -......-~----· -----_.._ -------=--------=;:;------~ ~-==--::- Request •To provide reasonable accommodation to the operator of a sober living home on a property located 60 linear feet from an existing residential care facility •Does not comply with required 1,000 linear foot buffer between group homes, sober living homes, or residential care facilities 757 Subject Property •9452 Castlegate Drive (Southside of Castlegate Drive, west of Bushard Street) Elderly Group Home Subject Property 758 • 9381 Castlegate Dr • 9411 Castlegate Dr • 9421 Casdegate Dr • 944 1 Castlegate Or • 9461 Castlegate Dr • 9391 Castlegate Dr • 9401 Castlegate Dr • 9451 Casllegate Or r----__ C_ast/egate Dr. '"••-•••we.• I I .-, .. "'""' ~L-______________ ...J~ &9422 C•stleg•te Or 20661 Brookdale Ln ... 20671 Brookdale Ln ... • C _J 20652 Brookdale Ln ... 20672 Brookdale Ln ... 942 1 Harcoun Cir ... 9441 Harcoun Cir ... Harcourt Cir. • 9462 Cas tlegate Or 9451 Harcoun Cir ... 946 1 Harcourt Cir ... • 20591 Paisley Ln • 20601 Pa isley Ln ~ 20621 Paisley l n • 20631 Pa isley Ln ..._ 20641 Paisley Ln • 20651 Pa isley Ln • 20661 Pa isley Ln C _J ~ Q) -en ■-co 0.... Measurement Result 60 .4 Feet Background •October 2020: City Council adopted group home regulations •HBZSO Section 230.28 Group Homes •Ministerial approval of any group home or sober living home serving 6 or fewer persons via Special Use Permit (SUP) •Require 1,000 linear foot buffer between each sober living home and/or residential care facility 759 Special Use Permit •November 2022: Applicant files request for SUP No. 22-012 •Subject property (9452 Castlegate) does not comply with 1,000 buffer •Not eligible for ministerial approval •Application deemed void •No further action taken 760 Reasonable Accommodation •Applicants with disabilities seeking relief from strict application of the regulations of HBZSO •Requests processed as Administrative Permit •Reviewed and acted upon by Director of Community Development •Procedures and necessary findings identified in Huntington Beach Municipal Code (HBMC) Chapter 17.77 •HBZSO Section 202.10 enables the Director of Community Development to refer matters involving development issues to the Planning Commission 761 Required Findings •Five required findings when considering action on reasonable accommodation requests 1.The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. 2.The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The request is not necessary to make such housing available to disabled individuals. The City has issued six SUPs that comply with regulations and multiple sober living beds are currently available. 3.The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4.The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City’s zoning or building laws, policies, or procedures. The request would require a fundamental alteration to the City’s zoning code, in that the subject property is within 288 linear feet of a residential care facility, which does not comply with the 1,000 minimum buffer. 5. Not Applicable –Relates to housing in the Coastal Zone. 762 Planning Commission Action •July 11, 2023: Planning Commission voted unanimously to deny request •Property owner appealed decision to City Council on July 21, 2023 763 Planning Commission and Staff Recommendation •Deny Administrative Permit No. 22-015 •Request does not meet 2 of the 4 applicable findings for approval 764 Questions? 765 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-910 MEETING DATE:11/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Lt. Thoby Archer Ingrid Ono, Executive Assistant Subject: Approve for introduction Ordinance No. 4303 and authorize requested changes to Huntington Beach Municipal Code Chapter 10.44.062 Relating to Parking - Time Limits Statement of Issue: The Huntington Beach Police Department has recognized a need to amend the Municipal Code to provide a more sustainable solution for individuals requiring a medical exemption for recreational vehicle use. Financial Impact: The proposed changes would not have a financial impact. The revision allows for a permanent solution to a recurring problem. Recommended Action: Approve the introduction of Ordinance No. 4303, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” to address special permits regarding parking time limits for recreational vehicles. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The current law requires individuals to renew a medical exemption every three months for a recreational vehicle parking permit. Some individuals have permanent and stationary medical disabilities requiring them to have a recreational vehicle parked on a city street. This change is minor in nature and allows the Chief of Police, on a case-by-case basis, to allow a long-term solution by City of Huntington Beach Printed on 11/1/2023Page 1 of 2 powered by Legistar™766 File #:23-910 MEETING DATE:11/7/2023 issuing a permanent permit for people who have a disability. 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. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance 4304, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits” City of Huntington Beach Printed on 11/1/2023Page 2 of 2 powered by Legistar™767 768 ORDINANCE NO. 4303 AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING -TIME LIMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 10.44.062 of the Huntington Beach Mw1icipal Code, is hereby amended to read as follows: 10.44.062 Recreational Vehicle Parking in a Residential District -Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 ifthere is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical docto r, that the recreational vehicle prohibited by Section 10 .44 .060 must be kept near a residence for medical reasons. (3699-4/05) C. If the applicant can demonstrate, by way of a written statement from a licensed medical doctor, that the condition is permanent and stationary, the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a pe1mit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person , either with or without consideration. SECTION 2. This ordinance shall become effective 30 days after its adoption. 769 ORDINANCE N O . 4303 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of _________ , 2023 . ATTEST: Mayor City Clerk REVIEWED AND APPROVED: City Manager 31839 4123-1 3083 2 770 LEGISLATIVE DRAFT HBMC 10.44 Chapter 10,44 PARKING -TIME LIMITS 10,44.062 Recreational Vehicle Parking in a Residential District -Special Permits A. T he Police C hief may issue a tempo rary permit fo r the overnight parking of a recreational vehicle prohibited by Section 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Pol ice Chief may issue a temporary permit to persons who demo nstrate by way of written statement from a licensed medical doctor, that the recreational vehicle prohibited by Section I 0.44.060 must b e kept near a residence for medical reasons. (3699-4/05) C. hupplicant can demonstrate, by way of a.:wtittcn filate mcnt fro m a licensed · · · · ent and stationary, th e chief may, on a case- D, It is unlawful fi · · · · · · rsuant to [e · 10.44.06__2 · ermi ,w...mui~d,-'!.J..~~~y,y,~~lalA.a...J~~.!U.f~~!.lli..l~~a.wL .c_Qnsid.eratirul