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2023-09-05 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, September 5, 2023 SUCCESSOR AGENCY SPECIAL MEETING 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 September 5, 2023City Council/Public Financing Authority 3:30 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 CLOSED SESSION 23-7091.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). 23-7102.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section Page 1 of 12 2 AGENDA September 5, 2023City Council/Public Financing Authority 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). 23-7243.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1) - Confer with City Attorney regarding a request to provide Amicus support with regard to Gloria Johnson, et al. v. City of Grants Pass; United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752;20-35881; United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL. 23-6834.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Gapezzani (Gary) v. John Romero, City of Huntington Beach; OCSC Case No.: 30-2021-01225030. 23-6845.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Segal-Kaloski (Pamela) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01222791. 23-6986.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker (Brittany) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01235807. 23-7027.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER SPECIAL MEETING OF THE SUCCESSOR AGENCY Page 2 of 12 3 AGENDA September 5, 2023City Council/Public Financing Authority 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. 23-7208.Huntington Beach Police Chaplain Bob Ewing CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 23-6789.Mayor Strickland to call on the Friends of the Library for presentation of a check in the amount of $250,000 to Community & Library Services Director Ashley Wysocki ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. 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 Page 3 of 12 4 AGENDA September 5, 2023City Council/Public Financing Authority 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 23-71810.Quarterly Homeless Report 23-72311.August update from Orange County Mosquito and Vector Control (OCMVC) CITY ATTORNEY'S REPORT 23-73912.In response to Dec 20, 2022 City Council direction, report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement CONSENT CALENDAR CITY CLERK 23-69413.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 1, 2023. Recommended Action: 23-71914.August Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies Receive and File. Recommended Action: CITY MANAGER Page 4 of 12 5 AGENDA September 5, 2023City Council/Public Financing Authority 23-67315.Consider Intergovernmental Relations Committee (IRC) recommendation to approve and authorize execution of Professional Services Contracts with Kahn, Soares, & Conway LLP for State Legislative Advocacy Services and with Stapleton & Associates for Federal Legislative Advocacy Services A) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Kahn, Soares, & Conway LLP for State Legislative Advocacy Services; and B) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services. Recommended Action: 23-74116.Redirect staff to return to City Council on October 17, 2023 with actionable policy options regarding City library materials and safeguards Amend the June 20, 2023 Council direction by directing staff to return with actionable policy options related to safeguards over City library materials on October 17, 2023. Recommended Action: 23-74217.Authorize the City Manager to approve a contract with Paradigm Management Services, LLC (“Paradigm”) to undertake medical management responsibilities related to a workers’ compensation claim Authorize the City Manager to approve a contract, approved to form by the City Attorney, with Paradigm Management Services, LLC to undertake medical management responsibilities related to a workers’ compensation claim, in an amount not-to-exceed $2.8M. Recommended Action: COMMUNITY DEVELOPMENT 23-67418.Approve the Huntington Beach Downtown Business Improvement District’s Annual Report and Proposed Budget for Fiscal Year (FY) 2023-2024, and Adopt Resolution No. 2023-37 declaring the City’s Intention to Levy an Annual Assessment for FY 2023-2024 at a public hearing scheduled for October 3, 2023 Page 5 of 12 6 AGENDA September 5, 2023City Council/Public Financing Authority A) Approve the Huntington Beach Downtown Business Improvement District Annual Report and Proposed Budget for FY 2023-2024; and, B) Adopt Resolution No. 2023-37, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment for FY 2023-2024 within the Huntington Beach Downtown Business Improvement District”, which sets a public hearing for October 3, 2023 to consider continuation of the Huntington Beach Downtown Business Improvement District; and, C) Authorize the revenue appropriation of $3,200 in account 71000710.40500 and an expenditure appropriation of $3,200 in account 71080101.69505, for a net zero impact to the fund. Recommended Action: 23-71219.Approve Responses to the 2022-2023 Orange County Grand Jury Reports Related to Animal Welfare, School Safety, and Group Homes A) Approve the City’s responses to findings and recommendations posed by the Orange County Grand Jury related to animal welfare, school shootings, and group homes; and B) Approve not responding to the Orange County Grand Jury report on the California drought; and C) Authorize the City Manager to submit the City’s responses to the Presiding Judge of the Superior Court. Recommended Action: COMMUNITY AND LIBRARY SERVICES 23-66520.Approve and execute a five-year Memorandum of Understanding between the City of Huntington Beach and Friends of the Shipley Nature Center Authorize the Mayor and City Clerk to execute and approve a Memorandum of Understanding between the City of Huntington Beach and Friends of Shipley Nature Center. Recommended Action: FINANCE 23-72721.Adopt Successor Agency Resolution No. 2023-03 approving an Amended Recognized Obligation Payment Schedule 23-24B for the FY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the Oversight Board and the State Department of Finance under California Health and Safety Code, Page 6 of 12 7 AGENDA September 5, 2023City Council/Public Financing Authority Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS Adopt Successor Agency Resolution No. 2023-03, “A Resolution of The Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving an Amended Recognized Obligation Payment Schedule 23-24B for the FY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the Oversight Board and the State Department of Finance under California Health and Safety Code, Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS.” Recommended Action: 23-72622.Authorize the Appropriation and Transfer of $3,650,000 of Litigation Reserves and $181,000 of FY 2023/24 General Fund Available Surplus to the General Liability Fund to fund the payment of attorney’s fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the State of California Approve the appropriation and transfer of $3,831,000 from the General Fund to the General Liability Fund business unit no. 55240101 to fund the payment of attorney’s fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the State of California. Recommended Action: PUBLIC WORKS 23-68723.Accept the lowest responsive and responsible bid, and authorize execution of a construction contract with Elegant Construction Inc. in the amount of $1,680,000.00 for the Police Department Communications Center Renovation Project, CC-1677 A) Accept the lowest responsive and responsible bid submitted by Elegant Construction Inc. in the amount of $1,680,000; and B) Authorize the Director of Public Works to execute change orders not to exceed 20% of the contract costs, or $336,000. Recommended Action: 23-69924.Approve Amendment No. 1 to an Agreement with KOA Corporation for On-call Grant Writing and Administrative Consulting Services and Approve an Appropriation of $50,000 A) Approve Amendment No. 1 to the agreement with KOA Corporation for on-call grant writing and administrative consulting services, extending the term by one year and increasing the not-to-exceed agreement amount by $50,000; and Recommended Action: Page 7 of 12 8 AGENDA September 5, 2023City Council/Public Financing Authority B) Appropriate $50,000 from the undesignated Traffic Congestion Relief Prop 42 fund balance to Account 21985201.69365 23-70125.Approve the Execution of a Subdivision Agreement with NASH - Holland 18750 Delaware Investors, LLC and Accept Securities for the 18750 Delaware Residential Project A) Approve and authorize the Mayor and City Clerk to execute and record a Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC to construct public improvements for the 18750 Delaware residential project (Attachment 1); authorize the City Clerk to record the agreement; and B) Accept the Faithful Performance Bond No. DVHNSU0832094 (Attachment 2), Labor and Material Bond No. DVHNSU0832094 (Attachment 3) and Monument Bond No. DVHNSU0832094 (Attachment 4), the securities furnished for installation of the required public improvements; and, C) Instruct the City Clerk to file the bonds with the City Treasurer. Recommended Action: 23-70726.Reject bid for the Admiralty Drive Bridge Rehabilitation Project, CC-1450 and re-advertise the project Reject the bid received from Beador for the Admiralty Drive Bridge Rehabilitation Project, CC-1450 and re-advertise the Project . Recommended Action: 23-70427.Cancel contract award for the Humboldt Sewer Lift Station Replacement Project, CC-1634; reject all remaining bids and re-bid the project in accordance with City Charter requirements Cancel the award of construction contract to Mehta for the Humboldt Sewer Lift Station Replacement Project, CC-1634; reject all remaining bids and rebid the project in accordance with City Charter requirements and State Law. Recommended Action: 23-73328.Cancel contract award for the Fiscal Year 2022/23 Sewer Lining Project, CC-1728; reject all remaining bids and re-bid the project in accordance with City Charter requirements Cancel the award of construction contract to Sancon Technologies, Inc. for the Fiscal Year 2022/23 Sewer Lining Project, CC-1728; reject all remaining bids and rebid the project in Recommended Action: Page 8 of 12 9 AGENDA September 5, 2023City Council/Public Financing Authority accordance with City Charter requirements and State Law . ORDINANCES FOR INTRODUCTION 23-70829.Approve for introduction Ordinance No. 4293 Amending the Huntington Beach Municipal Code (HBMC) by adding new Chapter 10.82 regarding pedestrian use of center medians Approve for introduction Ordinance No. 4293, ”An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 10.82 Entitled ‘Center Medians .’” Recommended Action: ADMINISTRATIVE ITEMS 23-70030.Consider the submission of 3 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 A) 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 B) Adopt Resolution 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Call for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to Voters Questions Relating to City Charter Amendments,” and C) Adopt Resolution 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 § 10403 of the Elections Code,” and D) Adopt Resolution 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 Analysis,” and E) Adopt Resolution 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 F) Appropriate $1,200,000 in General Funds to business unit 10010201. Recommended Action: 23-69331.Adopt Resolution No. 2023-40 and approve for introduction Page 9 of 12 10 AGENDA September 5, 2023City Council/Public Financing Authority Ordinance Nos. 4296, 4295, 4298, 4299, 4297, 4300, and 4301 to amend the Huntington Beach Municipal Code to streamline, consolidate, and/or dissolve a select number of the City’s Boards, Commissions, and Committees and Council Committees A) Approve the official dissolution of the City Council Short-Term Rentals Ad Hoc Committee, Housing/RHNA Ad Hoc Committee, and Cannabis Regulation and Policy Ad Hoc Committee by minute action; and/or B) Approve renaming of the Urban Design Study Ad Hoc Council Committee to the Downtown and Beach Front Ad Hoc Council Committee and broadening their scope of work by minute action; and/or C) Adopt Resolution No. 2023-40, “A Resolution of the City Council of the City of Huntington Beach repealing Resolutions 2002-106 and 2021-66, and dissolving the Human Relations Committee;” and/or D) Approve for Introduction Ordinance No. 4296, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise Commission;” and/or E) Approve for Introduction Ordinance No. 4295, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile Home Advisory Board;” and/or F) Approve for Introduction Ordinance No. 4298, “An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability Board;” and/or G) Approve for Introduction Ordinance No. 4299, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory Board/Public Works Commission”; and approve the official dissolution of the Smart Cities and Technology Council Committee by minute action; and/or H) Approve for Introduction Ordinance No. 4297, “An Ordinance of the City of Huntington Beach deleting Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board;” and/or I) Approve for Introduction Ordinance No. 4300, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive Board;” and/or J) Approve for Introduction Ordinance No. 4301, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 13.54 Recommended Action: Page 10 of 12 11 AGENDA September 5, 2023City Council/Public Financing Authority thereof related to Specific Events;” and/or K) Approve the official dissolution of the City Council Boards, Commissions, and Committees Review Ad Hoc Committee upon approval of recommended actions above. 23-73432.Consider the Ad Hoc Committee’s proposed Policy on Human Dignity A) Consider the Ad Hoc Committee’s amended Policy on Human Dignity, and B) Formally dissolve the Ad Hoc Committee . Recommended Action: COUNCILMEMBER ITEMS 23-73233.Submitted by Council Members McKeon and Burns - Develop Proposal for E-Bike Licensure and Use Regulations While this is a concept in development, direct the City Manager to work with the Police Department and the City Attorney to develop a proposal for e-bike licensure and use regulations. The proposal should return to City Council in November. The following concepts should be addressed, if possible, in the proposal that returns to Council: ·Require a city license to operate an electric bicycle within city limits unless the rider possesses a valid driver’s license. o Establish a fee for license (akin to a business license) ·Mandate rental businesses to require customers renting e-bikes to view a safety video in order to have a one-day license or show proof of a valid driver’s license. ·Explore enforcement options for PD o Revising current HBMC to assist officers with enforcement efforts - see if our HBMC can "follow" or "borrow" rules and enforcement from the California Vehicle Code. o New HBMC for “pocket bikes” (Surrons) o Higher fine structures, bike impounding etc. Recommended Action: 23-73134.Submitted by Mayor Strickland and Council Members Burns and McKeon - Move to Censure Council Member Moser By Minute Order, or majority vote of City Council tonight, censure Councilwoman Moser for the aforementioned statements and hostile/personal escalation made at the Council Meeting on August 1, 2023; that those statements and hostile/personal escalation be deemed "inappropriate," declare that they are not the views/statements of the City Council, and serve as a reminder that those types of statements and hostile/personal escalations do not meet either professional decorum required at City Council nor the goals of the Declaration of Policy of Human Dignity. Recommended Action: Page 11 of 12 12 AGENDA September 5, 2023City Council/Public Financing Authority 23-73835.Submitted by Mayor Pro Tem Van Der Mark - Resolution Declaring City to be a “No Mask and No Vaccine Mandate” City The City ban broad (universal) mask and vaccine mandates; City Manager to return to Council with a Resolution at the next regular meeting declaring the City to be a "no mask and no vaccine mandate City" as a response to COVID-19 or any variants. Individuals, whether at City Hall or in the private sector, should have a right to choose whether to wear a mask or get vaccinated or boosted. Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 19, 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 12 of 12 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-709 MEETING DATE:9/5/2023 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 8/31/2023Page 1 of 1 powered by Legistar™14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-710 MEETING DATE:9/5/2023 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 8/31/2023Page 1 of 1 powered by Legistar™15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-724 MEETING DATE:9/5/2023 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Number of matters: One (1) - Confer with City Attorney regarding a request to provide Amicus support with regard to Gloria Johnson, et al. v. City of Grants Pass; United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752;20-35881; United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL. City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-683 MEETING DATE:9/5/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Gapezzani (Gary) v. John Romero, City of Huntington Beach; OCSC Case No.: 30-2021-01225030. City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-684 MEETING DATE:9/5/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Segal-Kaloski (Pamela) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01222791. City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-698 MEETING DATE:9/5/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker (Brittany) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2021-01235807. City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™19 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-702 MEETING DATE:9/5/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pacific Airshow, LLC v. City of Huntington Beach and Kim Carr; OCSC Case No. 30-2022-01287749. City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™20 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-720 MEETING DATE:9/5/2023 Huntington Beach Police Chaplain Bob Ewing City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™21 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-678 MEETING DATE:9/5/2023 Mayor Strickland to call on the Friends of the Library for presentation of a check in the amount of $250,000 to Community & Library Services Director Ashley Wysocki City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™22 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-718 MEETING DATE:9/5/2023 Quarterly Homeless Report City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™23 Homeless Response Update 2nd Quarter 2023 September 5, 2023 24 Increase Focused Outreach Efforts Audit our Programs Improve Communications with our Community 25 Improve Communications • City website update • Water billing messaging • HB Downtown Business Improvement District efforts • Standardized definitions of terms • Monthly collaborative meetings between Homeless Task Force, Homeless & Behavioral Health Services staff, Police Department Records Bureau, OC Health Care Agency’s Outreach and Engagement Team, and the City’s Community Prosecutor • Commenced quarterly Community Collaborative meetings • Participated in the Community Café – “A Neighborly Conversation About Homelessness” • Introductory meeting with AltaMed to discuss cooperative efforts on 8/28/23 • NAMI OC “In Our Own Voice” presentation on 8/31/23 26 Improve Communications • Business Outreach • Over 100 property and business owners contacted •Topics discussed: • Current issues • Crime Prevention Through Environmental Design • Property owner’s rights and responsibilities • Between April 1 – June 30, 123 enforcement letters were received •Currently, the Police Department has 272 active letters on file, a 50%increase over the previous year •The letters authorize the police department to take action for certain crimes on private property which require a private persons arrest • Filled electronically and valid for one calendar year https://records.huntingtonbeachca.gov/Forms/Trespass-Letter 27 NO TRESPASSING Enforcement Letters on file with HBPD. Owner supports prosecution for Illegal Lodging and Trespassing. Huntington Beach Police Department, 2000 ,,:• ... Main St, Huntington Beach, CA 92648, 714· • : if~ 960-8811 "~ i~';I ~~(~=~::;t~:~ \ .... 1 Rl-MC'~S<,,:t.o,\ ~at.oc~S...:,.o-,JM>d,,:.-s«t,Qr,JMl)l'f..,CU - section I: -...-~or~J 0-..0II .. ......,.. -· c:::::::::J ·-· c:::::::::J Section 2: Illegal lodging Enforcement Letter per 647(e) CPC n.Mi111i1o110 ........ __,~-... .._.....~"""""~-.... -,.,.....~b#ld ~ ..... .,._~.,-di-Wlllmda_,&1111•)1_aioi-a._.._HINnqal_Fdm ~ • ..--.,.......,nw.....,.,,.._onD-.IIMw4an._...,_.,..,.-z.,_1 _.-•-•-liiooltllOOQriO....,f-.,.•-.d-.-...01..--..... -· c:::::::J n..~ .. ,,_ • ._.,,0..{1)- • Regular case conferencing with Navigation Center staff. • Limited use of overtime to meet with clients to arrange for housing, medical appointments, and vital document appointments. • Filled two social worker vacancies to increase outreach efforts. • Worked with OC Psychiatric Emergency Response Team (PERT) to increase clinician staffing from 1 to 2 shifts per week. • Worked with OC Health Care Agency’s Outreach and Engagement Team to increase their availability from 1 to 1.5 shifts per week. • All Police Department Downtown Patrol Unit officers attended a Homeless Liaison Officer Course. • HB Cares now has 18 vetted and trained volunteers. • Met with CalOptima to discuss expansion of their Street Medicine Program. Increased Focused Outreach Efforts 28 Audit Our Programs Data Collection and Management • Outreach Grid Case Management System has been identified as a comprehensive solution. • Data management moved from Planning to Homeless and Behavioral Health Services division. BeWell Mobile Crisis Response Teams • Staffing is down one team, but additional team members are in backgrounds. • Completed transports were being underreported. Huntington Beach Navigation Center – Mercy House • Staff has had two meetings with Mercy House CEO and has re-established monthly meetings with Mercy House management to discuss issues such as: • Timely invoicing • Neighborhood Outreach Patrols • Increasing successful exits to housing options • Volunteer opportunities within the Navigation Center 29 Advocacy / Funding • SAMHSA Grant extension into Fiscal Year 23/24 • $1.1 million in funding secured for Navigation Center operations by State Senator Dave Min through Council Member Kalmick. • Council Members are continuing to advocate for County, State and Federal funding for our programs. 30 2nd Quarter of 2023 The Police Department • Officers handled 1,881 calls involving individuals experiencing homelessness (11% of all calls for service), as compared to 1,906 in the first quarter. Homeless Task Force Officers • Officers made 543 contacts with homeless individuals, resulting in 40 Navigation Center referrals, 10 referrals to other shelters, and 2 subjects transported to Crisis Stabilization Units. • Addressed 135 MyHB complaints, an 8% increase from the first quarter of 2023. 0 10 20 30 40 50 60 January February March April May June July MyHB Requests Handled by the Police Department’s HTF 0 1000 2000 3000 4000 5000 6000 7000 8000 January February March April May June July Police Department Calls for Service Total Dispatched Calls For Service Calls for Service Involving Individuals Experiencing Homelessness 31 Homeless and Behavioral Health Services Staff - 2 nd Quarter of 2023 •Made 1,360 contacts, an 11%increase from the first quarter of 2023. •114 Navigation Center referrals, an 18% decrease from first quarter 2023. •49 referrals to other shelters, a 25% decrease from first quarter 2023. •City’s Social Workers facilitated housing for 6 individuals, a 200%increase from the first quarter of 2023. •Facilitated placement of 13 individuals into either a detox facility or Crisis Stabilization Unit, a 1,200%increase from the first quarter of 2023. 0 50 100 150 200 250 300 January February March April May June Month to Month Unduplicated Contacts Unduplicated Contacts HB Ties DEMOGRAPHICS January February March April May June Homeless 164 172 194 205 209 187 Household w/Minor Children 12 17 8 18 11 10 Veteran 11 12 11 17 12 10 Over 62 28 34 30 42 37 28 Male 118 112 136 148 147 110 Female 55 77 73 93 103 99 Non-Binary 2 1 1 0 1 1 32 BeWell Mobile Crisis Response Team 2nd Quarter of 2023* • Provided services 1,825 times, to 434 unique individuals. • 486 dispatched calls for service o 40% housed / 60% unhoused •1287 proactive contacts o 7% housed / 93% unhoused •52 mobile follow-up calls • 91% of BeWell services did not require a co- response. * Includes services to entire community 106 24 21 67 BeWell Transports (218) BeWell Campus CSU Private Facilities Other Locations 0 200 400 600 800 1000 1200 1400 Proactive Engagement Dispatched Calls for Service How Services are Provided Housed Unhoused SBJ1 33 ■ ■ ■ ■ ■ ■ D Slide 10 SBJ1 1053 service hours = 2106 personnel hours at a cost of 215,781 Smith, Brian J, 8/11/2023 34 Huntington Beach Navigation Center Operated by Mercy House 2nd Quarter of 2023 • Averaged a 95% (166/174) daily occupancy rate • Served an average of 441 meals per day • Provided 2,742 supportive services • Staff called 9-1-1 a total of 16 times, for medical and police services • Mercy House facilitated housing for 5 clients 150 155 160 165 170 175 180 Navigation Center Occupancy Guest Enrollment 35 Barriers • Finding support for the client while they assimilate back into society. • Lack of communication between outside organizations and accountability for follow-up. • Finding landlords willing to accept vouchers. • Some landlords still require the client to make 2 – 3 times the income of the base rent. • Credit scores are factored even with vouchers. • Individuals matched to Rapid Re-housing through a third party organization and then being told their income is not sufficient for the units the organization is sending the clients to view. 36 Success Stories • Senior Citizen / Veteran in poor physical health placed in a project-based opportunity. • Proactive engagement of a 73-year-old female sleeping on a bus bench in Sunset Beach resulted in housing within two weeks of first engagement. • Collaborative assistance between City and local faith- based groups to assist a formerly homeless adult at risk of eviction due to unpaid utilities. • Senior Center staff, Homeless Social Workers and local faith-based groups assisted a couple living in their vehicles with locating a housing opportunity. 37 Questions? 38 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-723 MEETING DATE:9/5/2023 August update from Orange County Mosquito and Vector Control (OCMVC) City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™39 From:Zelinka, Al To:Estanislau, Robin; Aguilar, Steven Cc:Hopkins, Travis Subject:FW: Vector Report Date:Thursday, August 24, 2023 2:22:02 PM Attachments:G.1 Agenda Item.pdf G.2 Agenda Item.pdf G.3 Agenda Item.pdf Robin and Steven – Please provide this as a supplemental communication and please note under City Managers Report on the 9/5 Agenda a simple bullet point of: August update from Orange County Mosquito and Vector Control (OCMVC. Thanks! Al From: Michael Posey <mikeposey@earthlink.net> Sent: Thursday, August 24, 2023 6:23 AM To: Zelinka, Al <Al.Zelinka@surfcity-hb.org> Subject: Vector Report Good Morning Mr. Zelinka, There was no report for July as the Board was dark. September meeting schedule conflicts with the League of Cities Conference and may be canceled due to lack of quorum. Confirmation of schedule to follow. At the August Board meeting, the Board of Trustees received two presentations. 1. The first presentation was from OC Waste and Recycling to discuss the organic waste program. The main takeaways were that the organics programs in Orange County are in the beginning stages with many jurisdictions just starting. The State of California is requiring that all jurisdictions separate out organic waste. The presenter stated that at this time there was no known correlation between the organics programs and an increase in pests. OCMVCD staff will continue to partner with OC Waste and Recycling on messaging to residents and will work with other vector control Districts in the state that have more developed organic waste programs to see what impacts they may have experienced. 2. The second presentation outlined the District’s response to flea-borne typhus. Orange County has seen an increase in flea-borne typhus cases every year. With the increase in human cases, the District has developed a response to address higher risk areas such as public spaces, investigating human cases and investigating areas that fleas have tested positive for flea-borne typhus. Details in attachment G.1. Huntington Beach not affected by typhus but monitoring continues. 3. See Attachment G.2, page 1. Huntington Beach could benefit from including truck magnets on City vehicles and sending out PSAs for enhanced messaging. The graph illustrates how we compare with other cities in utilization of Vector marketing materials. Let’s utilize the PSA and truck magnet materials to get the message out. 4. See Attachment G.3. There has been a concerted effort in targeting mobile home parks for both mosquito breeding and rodent infestation. There was one business item on the August agenda, which was to update the Expense 40 Reimbursement Policy. The update provides additional clarity on Trustee travel and the types of conferences the Trustees participate in. Motion for approval made by Trustee Posey with a second from Trustee Jung with unanimous approval of the motion. Reminders: The Communications Department has been rolling out highlight videos to increase awareness of the District’s role in the community. CLICK HERE for a link of the videos. Outreach talking point (City Manager’s report suggestion): The recent storm has caused many small residential sources to fill up with water, combined with the high summer temperatures, mosquitoes will be thriving in the community. Residents need to inspect their backyards for all water sources, even small sources such as BBQ covers, children’s toys or backyard drains can breed mosquitoes. Any containers should be drained, landscape drains can be treated with store bought products to prevent mosquito breeding or screened to prevent mosquito access. Homeowner Mosquito Products: https://www.ocvector.org/files/62f49ab42/DIY_PesticideOptions.pdf Drain filters: https://www.ocvector.org/files/14275af5e/OCVector_DrainFilterPoster.pdf 41 • • 0 0 INFORMATION ITEM: Department Report Board Meeting Date: August 17, 2023 Department: Scientific Technical Services Submitted By: Amber Semrow, Director of Scientific Technical Services Mosquito Surveillance & Disease Activity: The California Department of Public Health Vector-Borne Disease Section (CPDH-VBDS) is reporting a total of 14 human cases of West Nile virus (WNV) in the state. Year-to-date CDPH reports a total of 1,998 positive mosquito pools and 236 dead birds across 31 counties. Additionally, CDPH has reported one human case of St. Louis encephalitis (SLEV) and 182 positive mosquito pools for SLEV so far this year. Please visit www.westnile.ca.gov for the distribution map and other resources. This report covers Disease Weeks 29 to 32 (July 17 – August 11). During these weeks, District personnel set a total of 643 traps (554 routine traps and 89 non-routine traps). Urban routine traps averaged 27.5 mosquitoes per trap night (PTN). Comparatively, last year’s average at this time was 43.4 PTN. The surveillance team collected and identified 47,928 mosquitoes from Week 29 to Week 32. The microbiology lab tested 683 mosquito samples (2,850 YTD) for various infectious diseases. There were 12 mosquito pools that tested positive for WNV (see map for locations). Additionally, 10 dead birds (41 YTD) were tested, none were positive. Below, is a breakdown of the infectious disease testing results. OCMVCD West Nile Virus Testing and Results 2023 Year-to-Date as Compared to 2022 Disease Agent Tested This Year Positive 2022 To Date Tested 2022 To Date Positive West Nile Virus 2,850 12 2,859 22 Dead Birds 41 0 203 0 Human Infections 0 1 42 OU Mosquito and Vector Control District Scientific and Technical Services Department 2 County-wide, Monthly Average (Cx. quinquefasciatus, gravid trap, routine sites only) Weekly Abundance vs. 5-year Abundance: Countywide 0 20 40 60 80 100 120 140 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2023, Monthly, Avg Cx. quinq / Trap Night, Urban Traps 2023 5 Year Avg (2018-2022) 0 20 40 60 80 100 120 140 160 180 1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031323334353637383940414243444546474849505152 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN Ab u n d a n c e P T N Disease Week 2023 Weekly Abundance Vs. 5 Year Average 43 I -- Scientific and Technical Services Department 3 44 Mosquito-borne Virus Activity Oran e Count , Au 11, 2023 Buena ~ark La Palma f Cyp ress( ,J 0 VVestminster Positive Sample Frequency Table -1 -2 to 4 -5+ Co La Habra 0 Ful lerton 0 Ana heim Garden Gro11~ e 0 7 Santa Ana FV f Costa Mesa ~Human Infections (0): • Positive Dead Birds (0) I, Pos. Mosquito Samples (Current Wk) -(5) 0 Pos. Mosquito Samples (Previous Wks)-(7) WNV Human Infections Positive WNV Positive WNV Mosquito Samples by City Dead Birds Fullerton (2) La Habra (2) Santa Ana (7) Westminster (1) Source: OCVCD, ESRI Date : 8/1112023 Scale :0 • -'-=·'==---•• M;~, Scientific and Technical Services Department 4 Extended Trapping Response: This month, extended trapping was conducted in six separate high risk area blocks, including Block H1 (La Habra), H5 (Fullerton), H12 (Fullerton), H32 (Westminster), H36 (Santa Ana), and H40 (Santa Ana). None of the blocks have registered a Vector Index of 500 or greater (Epidemic threshold and triggering threshold for truck mounted adult mosquito control). (See Map) 45 Week 32, August15, 2023 ww,11...-aw. 'u H H1 IX aJ ,a H2 H3 ,,,., .... H""' ...... H6 H7 HS Yorb .Jllnda . " ~ ? •:: (iuner Pl atw1•J11 • l'f11 n H13 H14 " or,•A•• H 16 t'i'17 H 18 H19 H20 Ana h im H24 S i m n H25 H26 H27 H28 H29 H31 1.25 CJ --High Concern Block H38 □ Active Surveillance Block -(Extended Trapping) (,,," ~ ""•tu~i,u,1 "°"'•U"6•81 .. ' H30 H39 0 --Current Week Positive (Week 32) D --Surveillance Cell , 1st time WNV Pas □ Surveillance Block -Above Epidemic Threshold D --Surveillance Cell , Multiple times WNV Pos (2) ■ --Surveillance Cell, Multiple times WNV Pos (3+) Scientific and Technical Services Department 5 Invasive Aedes Routine and non-routine surveillance has recovered invasive Aedes aegypti at 67 unique locations. There is an increase in Ae. aegypti detections and an overall increase in abundance throughout traps set. Below, is an average abundance of Ae. aegypti countywide compared to the last 5 years. 0 2 4 6 8 10 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 Jun July Aug Sept Oct Nov Dec Av e r a g e Ae d e s a e g y p t i ab u n d a n c e Aedes aegypti Abundance for BG-S 2023 vs 5 Year average (2018 - 2022) 2023 Av.… 46 - Scientific and Technical Services Department 6 Flea-borne Typhus: There has been one new human case of flea-borne typhus reported to by the Orange County Health Care Agency since the last report. This recent case was in Orange. The total is now 11 cases. Year-to-date, a total of 240 flea pools have been tested for flea-borne typhus, of which 42 were positive for Rickettsia felis none were positive for R. typhi. 47 Loe#: 6.8, 10 Location ID City R 1 Anahei m 2 Stanton 3 Garden Gro\E 4 Westminster 5 Anaheim 6 Garden Gro,e 7 Garden Grove 8 Garden Grove 9 Anaheim 10 Garden Gro,e Flea-borne Typhus Activity Map Orange County, Aug 14, 2023 P";-~,. -- . ~ ~L -~' I LA HABRA r1L, BREA ~~fa; L~ ~ - :;] _,.J ~~~~ L ' ~ I '• ( ( YORBAUNOA LJ ,_J /j' ' FULLERTON i Pools R Falis Pools Both Last Pos 3 5118/20 23 6128/2023 6128/2023 612812023 711 1/2023 7113/20 23 10 7113/2023 12 7113/2023 81312023 81312023 \ INFORMATION ITEM: Department Report Board Meeting Date: August 17, 2023 Department: Communications Department Submitted By: Heather Hyland, Director of Communications Outreach: The Communications Department’s “Fight Back OC” campaign is ending August 28. There is still time to participate in a variety of ways. The city tracker is still in progress, thank you to all the cities for full county-wide support. 48 Orange County Mosquito and Vector Control District ;tl Pu6(;c 1--leafth :A3en°3 ServiYl!J OraYl!Je CounfJ ,Since 1947 2023 Campaign Tracker 7 6 5 4 3 2 1 0 I I I Communications Department 2 Measurements: From May to June, the District’s social media impressions increased by 11,573 on Instagram, by 11,325 on Twitter, and by 933 on Facebook. From June to July, the District’s social media impressions increased by 4,655 on Facebook, while decreasing slightly on Twitter and Instagram. The number of social media posts from May to June increased on Facebook and Twitter, while from June to July, the number of posts only increased on Instagram. 0 5 10 15 20 25 30 35 40 January February March April May June July Posts in 2023 Facebook Twitter Instagram 0 2000 4000 6000 8000 10000 12000 14000 16000 18000 January February March April May June July Impressions 2023 Facebook Twitter Instagram 49 I ■ ■ ■ ■ ■ ■ Communications Department 3 Information Technology Department Malwarebytes Endpoint Protection Total Detections 3,342 Help Desk Ticketing System Month of July Information Technology Department The following projects have been completed for the month of July: • Re-cabled and reconfigured board room setup • Installed outdoor speakers for intercom paging 50 Detections per day Last 30 i:lays 350 300 250 200 150 100 so 0 ■ e MALWAA E PUP e P\JM ■ RANSOMWAAE e EXPLOIT e WEBSITE REMOTE INTRUSION 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July Created tickets Unsolved tickets 39 1 Ticke t s crea t ed by hour 26% 24% 22% 20% 78% 16% 14% I 12% 10% I 8% 6% 4% 2% -0% 7 8 9 10 11 12 Solved t ickets 47 13 14 15 16 One-touch t ickets Reopened tickets 66.0% 27.7% Ave rage t ickets created by day of week 4 3.5 3 2.5 2 1.5 0.5 0 Mon Tue Wed Thu Fri INFORMATION ITEM: Department Report Board Meeting Date: Aug 17, 2023 Department: Operations Department Submitted By: Steve Shepherd, Director of Operations Mobile Home Park inspections have continued, and the Door-to-Door team has been to 3,686 sites over the past four weeks. During the inspections, there were numerous locations for potential mosquito breeding and the early season educational efforts will help reduce nuisance biting from Aedes mosquitoes. Results of the team’s findings are below: 174 active breeding sites found 399 sites with numerous (30+) sources 3630 plants 3525 small containers 1091 tarps 1031 recyclables 436 fountains 393 rain barrels 126 tires 107 drains 28 cat feeders 8 pools 93.5% inspection rate with only 241refusals 51 OU Mosquito and Vector Control District Operations Department 2 In the city of Brea, staff were able to help a mobile home resident connect with resources to deal with a severe rodent infestation. The operations team connected the resident with a pest control operator who was able help solve the infestation issue by fumigating the home. Exclusion, clean-up, and sanitation services are also underway by the resident and private pest control, and the resident will soon be able to reoccupy the clean, rodent-free home. The zone inspector from Brea helped facilitate the effort The District, partnering with VCJPA, provided additional safety training to all seasonal staff. The training included driver safety, driving right-hand drive vehicles, and heat illness prevention. This is an annual event and helps keep staff safe while performing the important work to achieve the mission. 52 Operations Department 3 Vector Reduction Coordinator, Michael DuBose, gave a presentation about the District’s use of UAS (Unmanned Aerial Systems, or drones) to battle mosquitoes in costal marsh sites across the county. The event was hosted by the Federal Aviation Administration (FAA). The FAA hosts these events around the country. They are free, open to the public, and highlight the societal, economic, and educational benefits of drones. The events provide demonstrations and information sessions on public safety training, career opportunities, The Recreational UAS Safety Test (TRUST), and other important aspects of drone ownership and operation. Staff from the Red Imported Fire Ant team and the lab have been partnering to conduct a study to determine the effectiveness of fire ant bait at different application rates. This is a sixteen- week study and is being conducted at a cemetery in Orange. During a committee meeting earlier this year, a member of the public utilized their public comment time to inform the District of an overgrown vee ditch along the Santa Ana Gardens Trail. The Vector Reduction Coordinator was able to determine this area is maintained by OC Public Works. Based on the resident’s comments, staff contacted OC Public Works and was able to work with them to identify and clear out this site and several others. The inter-agency communication has helped OC Public Work’s staff understand how maintenance efforts can assist mosquito control and water flowing downstream. 53 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-739 MEETING DATE:9/5/2023 In response to Dec 20, 2022 City Council direction, report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™54 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-694 MEETING DATE:9/5/2023 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 August 1, 2023, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of August 1, 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. August 1, 2023 CC/PFA regular meeting minutes City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™55 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, August 1, 2023 5:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 5:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 5:00 PM ROLL CALL Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None CITY COUNCILMEMBER COMMENTS — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None RECESSED TO CLOSED SESSION — 5:03 PM A motion was made by McKeon, second by Van Der Mark, to recess to Closed Session. Councilmember Kalmick stated his recusal from Closed Session Item 1 regarding Conference with Real Property Negotiators due to a financial conflict of interest with Huntington Central Park Equestrian Center, a professional client of his. Mayor Strickland announced: Pursuant to Government Code Section 54956.8, the City Council takes this opportunity to publicly introduce and identify property negotiators: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development; William Krill, Real Estate & Project Manager, Public Works. Also in attendance: Michael Gates, City Attorney; and Robin Estanislau, City Clerk. Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. 56 City Council/PFA Regular Minutes August 1, 2023 Page 2 of 30 CLOSED SESSION 1. 23-661 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: Huntington Central Park Equestrian Center located at 18381 Goldenwest Street, Huntington Beach, CA 92648 (APN: 894-901-96). Agency negotiator: Chris Cole, Acting Deputy Director, Community & Library Services; Kriss Casanova, Economic Development Manager, Community Development; William Krill, Real Estate & Project Manager, Public Works. Negotiating parties: Mary Behrens, President, National Equestrian Centers, Inc. Under negotiation: Amendment to the current lease. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 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 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. 2. 23-662 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY — None City Attorney Michael Gates provided an explanation for withdrawing from Council consideration Consent Calendar Item #18 (23-656) regarding employment agreement with Randy Risner as Chief Assistant City Attorney. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (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: Council Committee Appointments #3 (1 email); City Attorney's Report #6 (1 PowerPoint communication and 1 letter); Consent Calendar Item #8 (2 communications), #10 (1 email), #20 (1 email), #23 (1 email); Administrative Items #27 (38 emails), #28 (1 Interdepartmental memo, 1 letter, and 30 emails); Councilmember Items #29 (1 letter, and 21 emails). PUBLIC COMMENTS — 65 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. 57 City Council/PFA Regular Minutes August 1, 2023 Page 3 of 30 Shirley Dettloff, a Huntington Beach resident since 1964, Former Councilmember, Mayor and co-author of the Huntington Beach Declaration of Policy on Human Dignity, was called to speak and stated her opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. She also stated her support for continuing the work of the Huntington Beach Human Relations Committee (HBHRC), and the Greater Huntington Beach Interfaith Council (GHBIC) which ensures Huntington Beach is living up to the Human Dignity policy. (00:10:14) Elaine Bauer Keeley, daughter of deceased Ralph Bauer, a former Councilmember, Mayor, and co- author of the Huntington Beach Declaration of Policy on Human Dignity, was called to speak and stated her opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (00:13:37) Unnamed Guest was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:17:02) Wendy Rincon, a 49-year resident of Huntington Beach, was called to speak and stated her opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election. (00:20:00) Arthur Estrada, a resident at Skandia Mobile Home Park, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:21:58) Roy C. McCord was called to speak and shared his opinions and concerns related to materials and resources for Huntington Beach public libraries, specifically titles of books which City Council does not feel are appropriate for the Children's Section. (00:25:15) Paul Horgan, a Huntington Beach resident, was called to speak and shared his opinions, concerns and experience related to materials and resources for Huntington Beach public libraries, specifically titles of books which City Council does not feel are appropriate for the Children's Section. (00:28:39) Shammy Dingus was called to speak and shared her concerns, questions and opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, and concerns and questions regarding the settlement of the Pacific Air Show lawsuit. (00:31:46) Avery Counts, a Huntington Beach resident, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically regarding Recommendations #2, dissolution of the Huntington Beach Human Relations Committee (HBHRC) and #4, dissolution of the Mobile Home Advisory Board (MHAD). (00:35:10) Andrew Einhorn, a Huntington Beach resident, was called to speak and stated his opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. Mr. Einhorn also stated his opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections). (00:38:17) 58 City Council/PFA Regular Minutes August 1, 2023 Page 4 of 30 Victor Leipzig, a 41-year resident of Huntington Beach, Former City Councilmember, Mayor, Planning Commissioner, and Liaison to many Committees and Boards, was called to speak and shared his opinion that proposed Charter amendments should be presented through open disclosure and opportunity for public response before being placed on any ballot. Mr. Leipzig stated his support for the comments made by Elaine Bauer Keeley in opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (00:41:20) Randell Costello was called to speak and shared his opinions on Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (00:44:00) Robin Estanislau, Huntington Beach City Clerk, was called to speak and shared her concerns and opposition to Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 300 (Clerk and Treasurer Election Cycle), Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections), and asked that Council take no action on these sections. (00:47:22) Joan Flynn, a 58-year Huntington Beach resident and former Huntington Beach City Clerk, was called to speak and stated her opposition to Administrative Items #28 regarding recommended Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 310 (Clerk Qualifications). (00:50:49) Ada Hand was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:54:59) Allie Plum was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (00:57:37) Donna Andrade, a 3-year Huntington Beach mobile home resident, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:01:01) Jeanne Farrens, a resident of Skandia Mobile Home Park, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:03:02) Unnamed Guest was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:06:44) 59 City Council/PFA Regular Minutes August 1, 2023 Page 5 of 30 Mary Jo Baretich, a resident of Huntington Beach for over 40 years, and Mobile Home Advisory Board Member, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:07:47) Jignesh Padhiar was called to speak and stated appreciation for City Attorney's Report #7, an update on Pacific Airshow v. City of Huntington Beach lawsuit. Mr. Padhiar also stated support for Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Section 702 (Local Control Over Elections). (01:10:54) Stephen Quinn was called to speak and stated support for Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:12:58) Jeanne Paris was called to speak and stated her support for Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees. Ms. Paris also stated support for Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:15:04) Ann Palmer, 30-year Huntington Beach resident, was called to speak and stated her support for Administrative Items #28 regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 300 (Term Commencement); Section 303 (Regular Meetings); her opposition to Section 612 (Measure C) b. Parks; support for Sections 601/602 (Annual Budget); and Section 702 (Local Control Over Elections). Ms. Palmer also shared her opinions regarding Administrative Items #27 regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, and stated her support for Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (01:17:23) At 7:19 PM, Mayor Strickland called for a 5-minute recess to restore order in the Chambers. Connie Boardman, former Huntington Beach Councilmember and Mayor, was called to speak and shared her opinions and experience related to the Pacific Air Show v. City of Huntington Beach lawsuit. Ms. Boardman stated her opposition to Administrative Items #28, regarding proposed Charter Amendments, specifically Section 300 (Clerk and Treasurer Election Cycle), Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections). (01:22:59) Gigi Jackson, a Huntington Beach resident, Homeless United Advocate, and NAACP Orange County Branch Secretary, was called to speak and stated opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC); and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (01:25:14) KC Fockler, a resident of Huntington Beach for over 40 years, and Environmental and Sustainability Board Member, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #5 dissolving the Environmental and Sustainability Board. (01:28:40) 60 City Council/PFA Regular Minutes August 1, 2023 Page 6 of 30 Nora Pedersen, a 36-year resident of Huntington Beach, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:31:23) Bud Benneman, Huntington Beach resident, Goldenwest College Professor of Geology, Surfrider Foundation Member, and Environmental and Sustainability Board Member, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen- led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #5 dissolving the Environmental and Sustainability Board. (01:32:49) Debbi Parrott, Huntington Beach Human Relations Committee Member and former Vice Chair, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC). (01:34:53) Jeff Rokos, a 25-year Huntington Beach resident, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees; and Administrative Items #28 regarding proposed Charter Amendments, specifically Section 300 (Clerk and Treasurer Election Cycle), Section 310 (Clerk Qualifications), and Section 702 (Local Control Over Elections). (01:37:41) Colin Parrott, Huntington Beach Youth Board Former Member, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #7 regarding restructuring of the Huntington Beach Youth Board. (01:40:57) Gary Miller, a resident of Huntington Beach since 1985, was called to speak and shared concerns about recent safety issues he experienced and observed near and on the Pier that did not result in issuance of a citation. Mr. Miller asked that in addition to educating the public on breaking the law, Huntington Beach Police Officers take more action to issue citations. (01:44:15) Vanessa Chow, Huntington Beach Human Relations Committee Vice Chair, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen- led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC). (01:46:56) Eric Silkenson, 51-year Huntington Beach resident, Huntington Beach City Council Candidate in 2020, and Mobile Home Advisory Board Chair, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB); and his opposition to Administrative Items #28, regarding Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 310 (Clerk Qualifications). (01:50:08) Kim Carr, former Huntington Beach Councilmember and Mayor, was called to speak and shared what she described as factual errors in the PowerPoint presentation for City Attorney's Report, Agenda Item 61 City Council/PFA Regular Minutes August 1, 2023 Page 7 of 30 #6 regarding the history of authorized actions in the Moore v. City, Gates lawsuit. Ms. Carr also stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 dissolving the Huntington Beach Human Relations Committee (HBHRC), and Recommendation #4 dissolving the Mobile Home Advisory Board (MHAB); Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 310 (Clerk Qualifications); and Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (01:53:24) Tim Geddes, 40-year Huntington Beach resident, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board (MHAB). (01:56:50) Michael Gates, Huntington Beach City Attorney, Candidate for Re-Election in 2026, was called to speak and explained his perspective regarding comments made earlier in this meeting by City Clerk Robin Estanislau relating to proposed Charter Amendments, specifically Section 310 (Clerk Qualifications),. (01:59:50) Linda Moon, a 49-year Huntington Beach resident, was called to speak and stated opposition to Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024, Statewide Primary Election, specifically Sections 303 (Regular Meetings), 601/602 (Annual Budget), 300 (Clerk and Treasurer Election Cycle), 310 (Clerk Qualifications), and 702 (Local Control Over Elections). (02:03:46) Donna Taylor, a Huntington Beach mobile home resident for 39 years, was called to speak and proudly announced that she will be 92 years old this month. Ms. Taylor also requested that the Council consider the concerns shared by the City’s mobile home residents and provide assistance. (02:07:12) Peggy Willett was called to speak and asked that Councilmembers help address the concerns of the City's mobile home residents, many of whom are active and contributing in many different ways to enhance the quality of life for others. (02:08:35) Sharon Petersen, a 30-year Huntington Beach mobile home resident, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), Recommendation #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB); and Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections). (02:09:45) Todd Harkness, a Building Contractor, was called to speak and shared concerns about the Building Department’s inspection processes for re-roof projects and related issues. Mr. Harkness asked for Council support to consider changes, and Mayor Strickland asked Mr. Harkness to complete a blue card for staff follow-up. (02:12:58) Kathryn Goddard, a Huntington Beach resident since the 1980s, was called to speak and asked that Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, and Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide 62 City Council/PFA Regular Minutes August 1, 2023 Page 8 of 30 Primary Election, specifically Section 702 (Local Control Over Elections) be withdrawn to allow time for proper transparency and public input. (02:14:26) Amory Hanson was called to speak and stated his support for Consent Calendar Item #12 regarding a memorial plaque honoring Past Mayor Donald MacAllister as recommended by the Community & Library Services Commission. (02:16:35) Unnamed Guest was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB). (02:17:54) Ken Inouye, a 52-year resident of Huntington Beach, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB). (02:21:11) Kathy McGuire, a 32-year Huntington Beach resident, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB). (02:24:07) Russell Neal, a Huntington Beach resident, was called to speak and stated his support for Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC); Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections); and suggested that Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity, should be eliminated rather than amended. (02:26:16) Kane Durham was called to speak and stated opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB); and Councilmember Items #29 amending the Declaration of Policy on Human Dignity. (02:29:12) Joanna Sousa was called to speak and stated her support for Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC). (02:31:18) Unnamed Guest, a resident of Fountain Valley, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #5 regarding dissolving the Environmental and Sustainability Board; Administrative Items #28, regarding proposed Charter 63 City Council/PFA Regular Minutes August 1, 2023 Page 9 of 30 Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections); and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity until such time as Councilmember Burns defines his goal for making changes. (02:33:00) B. Channel was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee (HBHRC), and #4 regarding dissolving the Mobile Home Advisory Board; Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections); and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:36:07) Nick McLachlan, resident of Huntington Beach Los Amigos Mobile Home Park, was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen- led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #4 regarding dissolving the Mobile Home Advisory Board; and Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election, specifically Section 702 (Local Control Over Elections). (02:39:24) Marilyn Boehm, a 30-year Huntington Beach resident and Huntington Beach Human Relations Committee Former Member, was called to speak and stated her opposition to Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:42:37) Kathleen McGowan, Environmental and Sustainability Board Member, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #5 regarding dissolving the Environmental and Sustainability Board. (02:46:02) Kim King, a 45-year resident of Huntington Beach, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendations #2 regarding dissolving the Huntington Beach Human Relations Committee, and #4 dissolving the Huntington Beach Mobile Home Advisory Board (HBMAB); Administrative Items #28, regarding proposed Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election; and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:48:57) Chris Waring, resident of Surf City Cottages Home Park, was called to speak and shared his concerns related to major lease increases in recent years. He asked for Councilmember assistance in addressing the issues mobile home park residents are facing. (02:52:06) Clare Bostick, a 46-year resident of Huntington Beach and retired public-school teacher, was called to speak and stated her opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee, and Councilmember Items #29 regarding amending the Declaration of Policy on Human Dignity. (02:55:19) John Bostick was called to speak and stated his opposition to Administrative Items #27, regarding streamlining and restructuring select citizen-led Boards, Commissions, and Committees and Council 64 City Council/PFA Regular Minutes August 1, 2023 Page 10 of 30 Committees, specifically Recommendation #2 regarding dissolving the Huntington Beach Human Relations Committee. (02:58:35) Carol Kanode, Huntington Beach Youth Shelter Founder, was called to speak and asked why there is not a museum to celebrate and remember Huntington Beach's legacy and offered to help and assist with such a project. (03:01:53) Justine Makoff, Free Rein Foundation Chief Financial Officer, was called to speak and invited everyone to attend the Foundation's fundraiser, Cattle Baron's Ball, on Saturday, August 12, 5:30 PM – 9:30 PM, Huntington Central Park Equestrian Center, Red Horse Barn. All details are available at www.freereignfoundation.org. (03:03:34) Chris Byrnes, a 55-year Huntington Beach resident, was called to speak and shared his support for the four newly elected Councilmembers, City Attorney Michael Gates, and his perspective and opinions on a wide range of local politicians and issues. (03:05:22) Dom Jones, a 9-year Huntington Beach resident, Ordained Minister and 47th District Congressional Candidate in 2024, was called to speak and shared her opinions and perspectives directed to Councilmembers encouraging them to use their power to do great things, with love, as they address the pains and fears of their constituents. (03:08:39) Roger Noor was called to speak and thanked Mayor Strickland for following through to address his situation related to his car being towed and praised City Clerk Robin Estanislau and her staff for the cordial services he experienced. (03:11:16) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS 3. 23-664 Appointed Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 20-22, 2023 A motion was made by Strickland, second McKeon to appoint City Council Member Mayor Pro Tem Van Der Mark to serve as the voting delegate and City Council Member Burns as an alternate, to represent the City of Huntington Beach at the 2023 League of California Cities Annual Conference & Expo. The General Assembly will be held on Friday, September 22, 2023. The motion carried by the following vote: AYES: Kalmick, Van Der Mark, Strickland, McKeon, and Burns NOES: None ABSTAIN: Moser, and Bolton AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — Councilmember McKeon reported meeting with representatives from the Firefighters’ Association. CITY MANAGER’S REPORT 4. 23-610 OneHB Public Service Excellence Vision 65 City Council/PFA Regular Minutes August 1, 2023 Page 11 of 30 Al Zelinka, City Manager, Chris Tanio, Public Works Principal Civil Engineer, and Fire Department Division Chief Martin Ortiz, presented a PowerPoint communication titled OneHB Service Vision Statement with slides entitled: HB Service Excellence Initiative (2); 3 Pillars of Service Excellence; Service Excellence Vision Development Process (2); Service Vision Statement; Standard of Care; Service Vision (2); Next Steps; and Service Vision. Councilmember Moser thanked staff for the presentation and discussed with City Manager Zelinka how performance will be measured and managed, the frequency of reporting, as well as integrating existing tools into the processes. CITY TREASURER’S REPORT 5. 23-578 Received and Filed the City Treasurer’s June 2023 Quarterly Report Alisa Backstrom, City Treasurer, presented a PowerPoint communication titled Quarterly Treasurer's Report Quarter Ended: June 30, 2023, with slides entitled: Economic Update; Interest Rates - US Treasury Yield Curve July 1, 2022 - June 30, 2023; Investment Portfolio - Summary, Quarter End 06/30/23; Investment Portfolio - Investments by Type Quarter End 06/30/23; Investment Portfolio - Selected Activity Quarter End 06/30/23; Investment Portfolio - Earnings; Selected Investment Policy Compliance Requirements Quarter End 6/30/23; and Summary. A motion was made by Strickland, second Kalmick to receive and file the City Treasurer's Quarterly Report for June 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None CITY ATTORNEY’S REPORT NOTE: The Minutes maintain original Agenda order, rather than actual discussion order. 6. 23-612 In response to Dec 20, 2022, City Council direction, received report on history of authorized actions in the Moore v. City, Gates lawsuit and report on review of RWG involvement Michael Gates, City Attorney, presented a PowerPoint communication titled Response to H Item Part 1 with slides entitled: Richards Watson Gershon Report (44, including subtitles: December 20, 2022 H Item by Council Member McKeon, City of Huntington Beach Organization Chart, Moore, Field v. City, Gates Lawsuit, Independent Investigation, Review of Records revealed the following Preliminary Findings, which will be reviewed further) and, Thank You. City Attorney Gates verbally described a timeline of activities associated with the Moore, Field v. City, Gates Lawsuit, and RWG’s involvement. Councilmember McKeon and Mayor Strickland both shared deep concerns about the information presented in the report regarding the actions of certain City employees and Councilmembers total disregard for attorney-client privilege. City Attorney Gates confirmed there will be another report at a future date on additional details related to this lawsuit. 66 City Council/PFA Regular Minutes August 1, 2023 Page 12 of 30 7. 23-671 Received Update on Pacific Airshow v. City of Huntington Beach lawsuit City Attorney Gates reported that pursuant to the May 9, 2023, settlement, the City of Huntington Beach has been dismissed; however, former Mayor Carr remains a Defendant. He stated the first amendment complaint highlights the allegations that Defendants were sued because of how the Airshow was cancelled. He explained how the newly elected Council in December 2022 authorized him to take any and all legal action necessary to pursue those oil companies who caused/were involved in, the oil spill, and how he immediately retained a Plaintiff firm, The Robinson Law Firm, experienced in large, complex cases. He also explained that a delay in the legal process was created because the previous City Council declined to take legal action against the oil companies that caused the oil spill. City Attorney Gates reported on the recent defeat of Connie Boardman and Mark Bixby’s legal attempt to put a complete stop to the Airshow settlement, clearing the way for the 2023 Pacific Airshow to take place. He also described Council’s decision to settle the lawsuit prior to the calendar hearing (a demur, or a challenge by a Defendant to a complaint), involving pleading to a judge that the facts alleged are insufficient to support the causes of action. City Attorney Gates reported that the Gina Clayton-Tarvin lawsuit to compel the disclosure of the entire Settlement Agreement is still pending, explaining the decision to not disclose the entire Settlement Agreement document was pursuant to State law regarding pending litigation. In addition, The Robinson Law Firm attorneys, representing the oil company’s lawsuit, have also opposed the release or disclosure of the entire Settlement Agreement document because of the potential impact on the success of the pending oil company’s lawsuit. City Attorney Gates stated he has asked the attorneys to ask the court for an expedited in-camera review of the Settlement Agreement to make a swift and early determination one way or the other on that decision. Councilmember McKeon directed residents to the OneHB website, under the Media/Press Releases tab, where the 2022 Airshow Economic Impact Report is available for review, highlighting some of the statistics shown in this report. Mayor Strickland noted that the Economic Impact Report shows that 91% of the out-of-Orange County- guests to the Airshow, return to Huntington Beach for another event. City Attorney Gates also announced that he and Mayor Strickland will provide more updates on the Airshow at the upcoming August 30 Town Hall meeting at the Senior Center in Central Park at 5:30 PM. CONSENT CALENDAR Councilmember Kalmick recused himself from voting on Item #15 because of financial conflict of interest in that Dianne Thompson is his Insurance Agent, and Councilmember McKeon pulled Item #21 for further discussion. CITY CLERK 8. 23-652 Approved and Adopted Minutes as Amended by Supplemental Communication A motion was made by Strickland, second Kalmick to approve and adopt the City Council/Public Financing Authority special meeting minutes of June 8, 2023; and, approve and adopt the City 67 City Council/PFA Regular Minutes August 1, 2023 Page 13 of 30 Council/Public Financing Authority regular, and Housing Authority special meeting minutes of July 18, 2023, as amended by supplemental communication. The motion as amended carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 9. 23-663 Received July Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies A motion was made by Strickland, second Kalmick to receive and file. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY DEVELOPMENT 10. 23-630 Adopted Resolution 2023-35 Confirming Cost Report for Weed Abatement on Private Parcels within the City for the 2023 Season A motion was made by Strickland, second Kalmick to adopt Resolution 2023-35 "A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2023 Season;" and, direct that all charges listed thereon be certified to the Orange County 2023/24 Property Tax Roll. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY AND LIBRARY SERVICES 11. 23-631 Approved the Non-Exclusive License Agreement between the City of Huntington Beach and Children’s Bureau of Southern California for the Operation of the Oak View Center A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and the City Clerk to execute the non-exclusive license agreement between the City of Huntington Beach and Children's Bureau of Southern California for the continued operation of the Oak View Center. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 68 City Council/PFA Regular Minutes August 1, 2023 Page 14 of 30 12. 23-642 Approved the design concept and placement of a memorial plaque honoring Donald MacAllister, Past Mayor, on Tower Zero of the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission A motion was made by Strickland, second Kalmick to approve the design concept and placement of a memorial plaque honoring Donald "Don" Andrews MacAllister at Tower Zero on the Huntington Beach Municipal Pier as recommended by the Community & Library Services Commission. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None FIRE DEPARTMENT 13. 23-599 Approved and authorized execution of Amendment No. 2 to agreement between the City of Huntington Beach and Wittman Enterprises, LLC for additional compensation not to exceed $320,000 to provide billing services for emergency paramedic and ambulance services A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Services" for additional compensation not to exceed $320,000. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 14. 23-657 Approved and accepted the Fiscal Year (FY) 2022 Assistance to Firefighters Grant; authorized the Fire Chief and Chief Financial Officer to execute documents; and approved budget appropriations A motion was made by Strickland, second Kalmick to approve and accept the FY 2022 Assistance to Firefighters Grant awarded to the City of Huntington Beach; and assign authority to the Fire Chief and Chief Financial Officer as the officials to execute and sign for the FY 2022 Assistance to Firefighters Grant award, agreement, amendments, and extensions; and approve the budget appropriations and expenditures of $144,290.90, which is the federal award amount. The remaining $14,429.10 non-federal matching requirement will be funded by existing budget appropriations in the FY 2023/24 Fire Department operating budget. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None HUMAN RESOURCES 69 City Council/PFA Regular Minutes August 1, 2023 Page 15 of 30 15. 23-639 Approved the reappointment of Dianne Thompson and appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission, as recommended by Council Liaisons, Mayor Pro Tem Van Der Mark and Councilmember Burns A motion was made by Strickland, second McKeon to approve the reappointment of Dianne Thompson, and the appointment of Charles Barsam, Justin Betance and Ron Pasqual to the Personnel Commission for the term of July 1, 2023 through June 30, 2025, as recommended by the Council Liaisons to the Personnel Commission. The motion carried by the following roll call vote: AYES: Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None RECUSED: Kalmick (out of room) 16. 23-660 Approved Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers’ Compensation Third Party Administration of Claims A motion was made by Strickland, second Kalmick to approve the Professional Services Contract between the City of Huntington Beach and INTERCARE for Workers' Compensation Third Party Administration of Claims for a three-year term. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 17. 23-501 Adopted Resolution No. 2023-36 of the City Council of the City of Huntington Beach approving the Side Letter to the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term July 1, 2021 through December 31, 2023 A motion was made by Strickland, second Kalmick to adopt Resolution No. 2023-36, "A Resolution of the City Council of the City of Huntington Beach Approving the Side Letter to the Memorandum of Understanding Between the City of Huntington Beach and the Huntington Beach Fire Management Association for the Term July 1, 2021 through December 31, 2023" authorizing the Side Letter between the City of Huntington Beach and the Huntington Beach Fire Management Association for the term beginning July 1, 2021 through December 31, 2023. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 18. 23-656 **ITEM 18 WITHDRAWN FROM CITY COUNCIL CONSIDERATION by City Attorney Michael Gates** Pursuant to the Non-Associated (NA) Resolution, approve Pay Step for new hire, Chief Assistant City Attorney, Randy J. Risner, and authorize the City Attorney to enter into such an employment contract 70 City Council/PFA Regular Minutes August 1, 2023 Page 16 of 30 POLICE DEPARTMENT 19. 23-647 Authorized use of Supplemental Law Enforcement Services Fund (SLESF) monies to fund up to $500,000 in increased costs for the purchase of the City’s third police helicopter A motion was made by Strickland, second Kalmick to authorize the use of up to $500K in SLESF funds to cover the outlined expenses; and appropriate up to $500K from the SLESF fund balance to account 98470101. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 20. 23-648 Approved three-year agreement with Waymakers for Gang Prevention and Intervention Program services A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract between the City of Huntington Beach and Waymakers for the Management of Gang Prevention and Intervention Program." The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 21. 23-629 Approved and authorized execution of a one-year agreement with the Riverside County Sheriff’s Department to participate in Operation Stone Garden Councilmember McKeon pulled this item to provide Police Captain Svendsbo an opportunity to describe this important program. Captain Svendsbo stated that Operation Stone Garden provides funding for investments in enhanced cooperation and coordination among United States Border Patrol, and state and federal law enforcement agencies in securing the United States border for ingress along international borders to ensure resident and officer safety. A motion was made by McKeon, second Strickland to approve and authorize Police Chief Eric G. Parra to execute the "Agreement for Fiscal Year 2022 Operation Stone Garden (OPSG);" and, appropriate $369,000 in grant funding for Operation Stone Garden. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 22. 23-498 Approved and authorized the execution of contract amendments with Norman A. Traub & Associates, LLC and Beard Investigative Services, LLC for background investigative services, increasing compensation by $75,000 per contract and extending the terms through June 30, 2024 71 City Council/PFA Regular Minutes August 1, 2023 Page 17 of 30 A motion was made by Strickland, second Kalmick to approve and authorize the Mayor and City Clerk to execute "Amendment No. 3 to Agreement between the City of Huntington Beach and Norman A. Traub and Associates LLC for Background Services" (Attachment 1); and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement between the City of Huntington Beach and Beard Investigative Services LLC for Background Investigative Services" (Attachment 2). The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC WORKS 23. 23-644 Accepted the lowest responsive and responsible bid and authorized the execution of a construction contract with Excel Paving Inc. for $418,250 for the Flow Line Half Round Drainage Inlet Structures Project, CC1733 A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by Excel Paving Inc. in the amount of $418,250; authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and approve the appropriation of $180,988 from the Drainage Fund (211) to account 21188007.82500. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 24. 23-621 Awarded and authorized the execution of a construction contract with Mehta Mechanical Company, Inc., in the amount of $4,134,200 for the Humboldt Sewer Lift Station Replacement Project, CC-1634 A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by Mehta Mechanical Company, Inc., in the amount of $4,134,200; and, appropriate $887,502 from the undesignated Sewer Service fund balance to 51189017.82600; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 25. 23-608 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,318,770 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 A motion was made by Strickland, second Kalmick to accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,318,770.00; and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: 72 City Council/PFA Regular Minutes August 1, 2023 Page 18 of 30 AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 26. 23-565 Approved Sole Source Procurement Request with Cascade Pump Company for the servicing or replacement of mixed or axial flow pumps used at all 15 flood control stations A motion was made by Strickland, second Kalmick to approve the sole source procurement request with Cascade Pump Company to service the City's existing Cascade pumps at its flood control stations. The motion carried by the following roll call vote: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ADMINISTRATIVE ITEMS 27. 23-641 Approved recommendations to streamline and restructure a select number of citizen-led Boards, Commissions, and Committees and Council Committees Travis Hopkins, Assistant City Manager, presented a PowerPoint communication titled Board, Commission, & Committee (BCC) Reconfiguration with slides entitled: Background (2); Current BCC Structure by Number; Current BCC Structure by Type; Proposed Committee Recommendations by Category; Committee Recommendation 1; Committee Recommendation 2; Committee Recommendation 3; Committee Recommendation 4; Committee Recommendation 5; Committee Recommendation 6; Committee Recommendation 7; Committee Recommendation 8; Committee Recommendation 9; and Recommended Actions. Mayor Strickland made a motion to approve the recommended actions, as presented. Councilmember Moser asked if each Recommendation could be considered separately, and Mayor Strickland withdrew his motion. Councilmember Kalmick clarified with Mayor Strickland that the goal of these recommendations is to have staff presentations to the full City Council for full Council discussion and deliberation. Councilmember Moser and members of the Ad Hoc Committee discussed whether the Huntington Beach Human Relations Committee is providing redundant services. Councilmember Moser shared her personal involvement as a member of the Human Relations Committee and stated she would not support dissolving this legacy Committee. Councilmember McKeon stated his opinion that boards and commissions should encourage civic engagement of the residents in municipal affairs, but many of the existing boards and commissions are focused on private sector issues. Further, staff time should be spent on core local government functions, and he believes the Huntington Beach Human Relations Committee duplicates the efforts of the Orange County Human Relations Commission. Councilmember Bolton expressed her frustration that the Ad Hoc Committee recommendations were made without much understanding of what these groups actually do, nor was there any attempt to 73 City Council/PFA Regular Minutes August 1, 2023 Page 19 of 30 discuss possible dissolution with any of the affected boards, commissions or committees during the consideration process. She stated how important it is to have community commitment and involvement, and the amount of money being saved is minimal in her opinion. Councilmember Bolton recommended discussing alternative solutions with the impacted groups before just arbitrarily dissolving them. Mayor Strickland stated that the citizens of Huntington Beach can always organize and meet, and noted that over three-quarters of Orange County cities are happy with the services provided by the Orange County Human Relations Commission in dealing with the same issues that Huntington Beach deals with. Councilmember Kalmick and Mayor Strickland discussed staff recommendations made during the budget process to reduce the number of meetings and number of staff hours for selected boards, commissions and committees to help reduce costs. Councilmember Kalmick stated these boards, commissions and committees do not make policy decisions, but provide the service of informing Councilmembers. Councilmember Kalmick noted other committees which he thinks could probably be dissolved rather than some being considered in this item. Mayor Strickland stated that this item is not an "end all be all" effort, and suggested that Councilmember Kalmick bring his recommendations forward for Council consideration at a future meeting. Councilmember Bolton shared her opinion it is a shame to dissolve a commission with such great technical expertise, and thanked the Jet Noise Commission for the Southwest Airlines agreement requiring Southwest Airlines to request approval before altering a flight path into Long Beach Airport. Councilmember McKeon stated his personal commitment to the Jet Noise volunteers to continue as a working group. Councilmember Kalmick, speaking as a former Jet Noise Commission Council Liaison, suggested recommending this Commission meet "as needed" rather than dissolving it. Councilmember Burns stated his appreciation for everyone who has served on any of the boards, commissions and committees. He also explained the Ad Hoc Committee determined that Huntington Beach doesn't have any regulatory power regarding mobile home parks and therefore recommend dissolving the Mobile Home Advisory Board. Councilmember Kalmick suggested modifying this Board into an "Attainable Housing Board" to provide advice and recommendations on providing and maintaining attainable housing as a whole within the community. Mayor Strickland responded there is nothing prohibiting mobile home residents from forming their own non-profit or lobbying groups. Councilmember McKeon stated this is the perfect example of an issue that should be handled in the private sector, and in his opinion the government should not interject itself into disputes between tenants and landlords. He noted that Huntington Beach does provide a Tenant Rental Assistance Program. Councilmember Kalmick noted the Smart Cities and Technology Council Committee doesn't meet until there is a Council item that would require the expertise of those Committee members, and respectfully shared his opinion that the Environmental and Sustainability Board expertise may not exist within the Public Works Commission. 74 City Council/PFA Regular Minutes August 1, 2023 Page 20 of 30 Mayor Strickland reiterated that all of these recommendations were vetted through staff discussions and recommendations. Assistant City Manager Travis Hopkins and City Manager Al Zelinka confirmed their support for Recommendation #5 regarding dissolving the Environmental and Sustainability Board and transferring those duties to the Public Works Commission. Councilmember Moser shared her opinion it will be a major loss for a coastal city to dissolve the Environmental and Sustainability Board in the middle of developing the Sustainability Masterplan. Mayor Strickland noted that a "committee" is not necessary for community members to bring their expertise and advice to Councilmembers, and noted nothing in these Recommendations prevents Councilmembers from setting up Advisory Boards as needed. Councilmember McKeon stated his support for making decisions on a major topic like options related to more local management of Pacific Coast Highway development through the Downtown/Main Street area, require a Study Session to ensure community involvement. Councilmember Moser stated her support for this suggestion. Councilmember Kalmick noted that ad-hoc committees are not required to meet behind closed doors and asked that this committee meet only as needed. Mayor Strickland and Assistant City Manager Travis Hopkins explained Recommendation #7 is focused on creating a Youth Committee that is not restricted by Brown Act meeting regulations, and expanding the committee to include involvement with the new Youth Citizens Academy. Councilmember Moser, speaking as a Former Huntington Beach Youth Board Council Liaison, stated her support for this change, and suggested the importance of also educating them on the Brown Act. She stated her support for continuing the Youth in Government Day event, and allowing the Youth Citizen Leaders Committee members the opportunity to determine some of the government functions they want to learn more about. Councilmember Burns stressed the importance of Council Liaisons being available to address Youth Committee member questions, and Councilmember Moser stated the Council Liaisons should make the commitment to attend meetings and be involved from the start to the end of the meetings. Mayor Pro Tem Van Der Mark clarified that she has a passion for youth and desires to see them more involved in local government, and noted Recommendation #7 will expand, rather than limit, youth opportunities. Mayor Pro Tem Van Der Mark explained that during her campaign a number of young people she had dialogue with didn't know why the 4th of July is celebrated, and she believes that Recommendation #8 is a start to clarifying the real purpose behind the celebration. Mayor Strickland commended every person involved in the 2023 event, especially the public safety staff, for a very successful celebration. 75 City Council/PFA Regular Minutes August 1, 2023 Page 21 of 30 Councilmember Kalmick made a point of order comment that addressing the RFP process is not appropriate in this action item, and Mayor Strickland stated he understood reference to the RFP as basically informational for staff. City Attorney Gates confirmed that reference to the RFP should be removed from this item. Mayor Strickland explained City Council representation at the table is important when priorities are determined for large-scale events in Huntington Beach. Councilmember Kalmick, Mayor Strickland and Assistant City Manager Travis Hopkins clarified that the Special Events Executive Committee should focus on "policy" and provide staff with some guidelines when large events are being considered as Councilmembers supported during Strategic Planning. Mayor Strickland confirmed that as a "standing" Council Committee, meetings would be noticed and open to the public and would function under Brown Act policies. A motion was made by Strickland, second Burns to approve Committee Recommendation #1 — Dissolve Short-Term Rentals Ad-hoc Council Committee, Housing/RHNA Ad-hoc Council Committee, and Cannabis Regulation and Policy Ad-hoc Council Committee. The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton At 10:59 PM, a motion was made by Strickland, second by Burns, to continue the meeting past the hour of 11:00 PM. The motion was approved 7 – 0. A motion was made by Strickland, second Van Der Mark to approve Committee Recommendation #2 — Dissolve Huntington Beach Human Relations Committee (HBHRC). A substitute motion was made by Moser, second Kalmick to Retain the Human Relations Committee. The substitute motion failed by the following minute action: AYES: Kalmick, Moser, and Bolton NOES: Van Der Mark, Strickland, McKeon, and Burns Mayor Strickland’s motion seconded by Van Der Mark to approve Committee Recommendation #2 — Dissolve Huntington Beach Human Relations Committee (HBHRC) carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve Committee Recommendation #3 — Dissolve the Jet Noise Commission. The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns 76 City Council/PFA Regular Minutes August 1, 2023 Page 22 of 30 NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Van Der Mark to approve Committee Recommendation #4 — Dissolve the Mobile Home Advisory Board. The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve Committee Recommendation #5 — Dissolve the Smart Cities and Technology Council Committee (standing committee) and the Environmental and Sustainability Board and transfer their duties to the Citizen Infrastructure Advisory Board/Public Works Commission (CIAB/PWC). The motion carried by the following minute action: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second Burns to approve Committee Recommendation #6 — Rename the Urban Design Study Ad-Hoc Committee to "Downtown and Beach Front Ad-hoc Committee" to broaden their scope of work, as amended to meet on an "as needed" basis with required Public Notice. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Strickland, second Burns to approve Committee Recommendation #7 — Restructure the Huntington Beach Youth Board as a Youth Citizen Leaders Committee, with specific, focused goals. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Strickland, second Van Der Mark to approve Committee Recommendation #8 — Restructure the Fourth of July Executive Board to be named as the Independence Day Board with more defined roles, as amended to remove action to initiate a new RFP process. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 77 City Council/PFA Regular Minutes August 1, 2023 Page 23 of 30 A motion was made by Strickland, second Burns to Committee Recommendation #9 — Restructure the Specific Events Executive Committee as a standing Council Committee to review Council's priorities for large-scale specific events. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None A motion was made by Burns, second Strickland to direct staff to work with the City Attorney's Office and develop the appropriate Resolution(s), Ordinance(s), and other documents necessary to implement City Council directed adjustments and bring them back to the City Council; and direct staff to plan an appropriate event to recognize and thank citizen appointees who will be retiring due to this restructuring effort for their contribution. The motion carried by the following minute action: AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: Bolton 28. 23-670 Considered and approved individually, by straw vote action, the City Council Charter Review Ad Hoc Committee’s recommended Charter Amendments for placement as ballot measures at the March 5, 2024 Statewide Primary Election Travis Hopkins, Assistant City Manager, and Robin Estanislau, City Clerk, presented a PowerPoint communication titled Charter Review Ad Hoc Committee's Proposed Charter Amendments with slides entitled: Recommended Charter Amendment Timeline; Charter Review Ad Hoc Committee's Proposed Charter Amendments (5); and Recommended Actions. Mayor Strickland clarified for the record that the City Council Charter Review Ad Hoc Committee's Section 310 (Clerk Qualifications) recommendation only requires any four-year bachelor’s degree and only removes the verbiage he described as “subjective”. He confirmed that the other requirements listed for the successful candidate to complete within three years will still stand. City Attorney Gates noted that in the past the City Clerk educational requirement, as currently worded, has generated questions and required research which never resulted in clear, non-subjective interpretation. Mayor Strickland explained that some municipalities in Northern California have "Choice" voting for specific situations, and noted that Section 702 (Local Control Over Elections) is an effort to determine if it is feasible for Huntington Beach to set up more polling locations, get more people involved in the voting process, and require Voter ID for municipal elections. This recommendation is not intended to get rid of State or County Election Codes. City Attorney Michael Gates stated for the benefit of the public that currently Charter Section 702 specifically provides that "all elections shall be held in accordance with the provisions of the Election Code of the State of California," and confirmed with Mayor Strickland that the City Charter Review Ad Hoc Committee desires to have local control on the three items just referenced by Mayor Strickland. 78 City Council/PFA Regular Minutes August 1, 2023 Page 24 of 30 Councilmember Kalmick questioned a point of order in that Ad Hoc Committee recommendations include, “and anything else,” and City Attorney Gates opined straw vote actions will allow discussion, and all items will return at a future meeting where the public will have opportunity to comment. Councilmember Burns requested that the City Flag Ordinance provisions be incorporated into the City Charter, as amended to include the Olympic Flag. Councilmember McKeon read the full text for his July 18, 2023 “H” item: “An amendment to the City Charter that would restrict City Council from engaging in real property transactions that would require the City of Huntington Beach to forgo regularly collected property taxes on investment property, unless those purchases are approved by the voters of the City of Huntington Beach. Exceptions to this rule would/may include real property transactions that are important for acquisition of private property for infrastructure.” Councilmember Kalmick shared his understanding that Councilmember McKeon’s approved “H” item requested that the Ad Hoc Committee address possible pitfalls and recommend language, and questioned if the Committee still needs to meet on this item. City Attorney Gates noted that all proposed Charter amendments will be finessed during future Councilmember presentation discussions. Councilmember McKeon, speaking as a member of last year’s Charter Review Committee, stated the importance of clarifying Charter language relating to the City Attorney’s elected role to provide exclusive legal counsel for the City, acknowledges his authority to hire outside counsel, protects attorney-client privilege communications and work product, establishes internal investigation protocol, to ensure the situation City Attorney Gates described in his report earlier this evening (Agenda Item #6) never happens again. Mayor Strickland and City Attorney Gates discussed the illegality of accessing and sharing attorney-client privilege communications which recently happened, and noted the issue will be addressed by clarifying proper processes. Councilmember Kalmick stated, as a point of order, that Councilmember McKeon's item appears to substantially alter the rights or benefits of the City Attorney's role and may be illegal to put on a Primary ballot under SB 311. City Attorney Gates explained that the issue is initially presented tonight, and that Chief Assistant City Attorney Paul D'Alessandro will be handing these items for review and will advise how to proceed. Councilmember Bolton, Councilmember McKeon, City Attorney Gates and City Manager Zelinka discussed Councilmember McKeon's recommendation that for any issues related to the conduct of any City elected official or a staff member, a third-party public agency could be utilized as determined by the recommendation of the City Attorney. Discussion ensued on the proposed amendment to Section 612 (Measure C). Councilmember Moser recommended that Community and Library Services staff be asked to determine what the numbers should be regarding expansion of the existing footprint for playground facilities and equipment. She further expressed her interest in addressing the issue of building a new public restroom where one doesn't currently exist. Councilmember Moser also requested that staff provide some guidelines to define a "structure" as related to beaches and parks. 79 City Council/PFA Regular Minutes August 1, 2023 Page 25 of 30 City Attorney Gates stated the purpose of this item is to make it possible for the City to make beach and park improvements and/or alterations without having to always bring the item to a vote of the people per Measure C requirements. He noted that there is a difference between improving an existing structure vs building new. Mayor Strickland requested that the Council move forward with conducting straw vote action. Councilmember Kalmick asked if costs for Charter Amendments could be reduced by placing them on the November ballot rather than in March, and City Clerk Estanislau confirmed she will find out and report back. A motion was made by Strickland, second McKeon to approve Section 300 (Term Commencement): the term of the elected candidate is to commence at the first regular City Council Meeting following the City's certification of the election, rather than the "Monday" following. The motion carried by the following straw vote: AYES: Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: Kalmick A motion was made by Strickland, second Burns to approve Section 303 (Regular Meetings): the cancellation of a City Council Meeting may occur when there is a lack of a quorum or is cancelled by the Mayor or Majority of Council Members. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by Strickland, second McKeon to approve Section 612 (Measure C): Beaches and Parks: revise to provide more allowance to restroom and other existing facilities remodels, with no cost/price cap, only allowing expansion of the facility footprint up to 20% within a 10 year period; as amended to include new restroom facilities; Parks: revise children’s playground facilities and equipment, both for new installations and for replacement installations; and replacement installations of playground facilities and equipment would be limited to not expand the existing footprint of more than 100 20% within a 10 year period, or 100% in perpetuity, as amended. The motion carried by the following straw vote: AYES: Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: Kalmick Prior to a straw vote regarding Section 601/602 (Annual Budget), Councilmember Moser asked staff if there are any drawbacks to changing from an Annual Budget as recommended in Section 601/602 (Annual Budget). Sunny Han, Chief Financial Officer, stated her support for this change and noted there are significant advantages, and there would still be the need for mid-year adjustments. City Manager Zelinka stated he has experience with two-year budgets and noted there are many more upsides than drawbacks. 80 -- City Council/PFA Regular Minutes August 1, 2023 Page 26 of 30 A motion was made by Strickland, second McKeon to approve Section 601/602 (Annual Budget): revise to submission of two-year budgets in even or odd years, as amended. Councilmember Kalmick asked, and staff acknowledged that an appropriate timeline for making this change will be provided. The motion carried by the following straw vote: AYES: Moser, Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, and Bolton A motion was made by Strickland, second Burns to approve Section 300 (Clerk and Treasurer Election Cycle) to change election cycle to Gubernatorial for Treasurer and Clerk positions. Councilmember Kalmick questioned the need for this amendment, and explained that the current voting cycle for elected officials was determined as the best way to prevent the potential for having four new City Council members at the same time as a new City Clerk and Treasurer. He also questioned how this change could be implemented without having the current City Clerk and Treasurer actually serve 6-year, rather than 4-year terms. Mayor Strickland stated these details would be addressed by staff in the process of returning these items for final Councilmember votes. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Mayor Strickland clarified again that the only purpose of Section 310 (City Clerk) recommendation is to remove the subjective text, ". . .in business, public administration, or a related field,". Councilmember Bolton asked if there has ever been a dispute regarding this issue, and City Clerk Estanislau stated to the best of her knowledge not related to the City Clerk position, however, attorney advice was previously required for the City Treasurer position to determine if a potential candidate was qualified. City Attorney Gates stated there have been potential candidate inquiries in the past brought to his office and noted in doing historical research they could not find a “bachelor’s in business” degree, but rather a Bachelor of Science in Business Administration, or Business Management seems to be the correct nomenclature. A motion was made by Strickland, second Burns to approve Section 310 (Clerk Qualifications) “To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor’s Degree in business, public administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office.“ or modify so that Clerk position requires any four-year Bachelor’s Degree for clarifying candidates Councilmember Moser questioned qualifying a candidate whose degree in no way relates to the profession and does not offer the appropriate skills or knowledge to responsibility fill the position. Councilmember Kalmick suggested that the Certified Municipal Clerk (CMC) certification also be required of a qualified candidate, rather than allowing three years to acquire the certification. 81 City Council/PFA Regular Minutes August 1, 2023 Page 27 of 30 In response to Councilmember Moser's inquiry, City Clerk Estanislau described the International Institute of Municipal Clerk’s Association (IIMC) “points” system to earn the CMC designation, and why a three- year timeframe may be needed to attend the Technical Track for Clerks (TTC) program that offers classes to earn points for those with little or no education, or prior municipal experience. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton Mayor Strickland clarified the goal for approval of Section 702 (Local Control over Elections) is not to remove the State or County Election Codes or services, but rather to determine if, for municipal elections, Huntington Beach can expand the number of polling locations, require voter ID, and monitor ballot drop boxes. A motion was made by Strickland, second Burns to approve Section 702 (Local Control over Elections) remove exclusive reliance on State Elections Code for all aspects of elections; add that for Municipal Elections, the City will maintain local control over voter ID provisions for resident verification; require/provide at least 12 polling locations/facilities throughout the City for in-person voting; and provide that the city will require/provide for monitoring of ballot drop boxes. Mayor Strickland and Councilmembers Bolton, Kalmick and McKeon discussed what "monitoring ballot drop boxes" means, voter fraud implications for Orange County, and why requiring voter ID is being proposed. Councilmember McKeon asked that staff return this item to include "Voter ID" definition and review the changes that the state of Georgia made that resulted in increased voter turnout. City Clerk Estanislau explained that every Orange County voter receives a mail-in ballot, that use of County vote centers is not restricted to the residents of the city the vote center is located in, and that the Voters' Rights Act determines the number of voting locations based on voter registration and population. City Attorney Gates stated that as a matter of law, from initial research, it appears the three options being considered for this item are possible. Councilmember Moser requested that if these suggestions related to voting are possible, when the items return, costs to implement the discussed options. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Burns to approve adding the City’s Flag Ordinance into the City’s Charter, as amended to also include the Olympic flag. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton 82 City Council/PFA Regular Minutes August 1, 2023 Page 28 of 30 A motion was made by McKeon, second Strickland to approve an amendment to the City Charter that would restrict City Councils from engaging in real property transactions that would require the City of Huntington Beach to forgo regularly collected property taxes on investment property, unless those purchases are approved by the voters of the City of Huntington Beach. Exceptions to this rule would/may include real property transactions that are important for acquisition of private property for infrastructure. Councilmember Moser stated her general opposition to taking action on all proposed Charter amendments without an open and transparent process that includes public participation/discussion. Mayor Strickland responded that none of these items can be enacted without voter approval, and noted that discussions, including public input on each item, will take place as the process moves forward. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Strickland to approve incorporating language clarifying that the City Attorney is the exclusive legal counsel for the City; City Attorney Hiring Authority; Attorney-Client Privilege Communications and Work Product; and Internal Investigation Protocol The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton A motion was made by McKeon, second Strickland to direct the City Attorney to review each proposed amendment and direct staff to prepare and return ballot measure language and all other materials required for submittal to the ROV for City Council consideration. The motion carried by the following straw vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton COUNCILMEMBER ITEMS 29. 23-672 Approved Item Submitted by Councilmember Burns — Amending the Declaration of Policy on Human Dignity Councilmember Burns noted that on November 16, 2021, the Huntington Beach City Council voted that the Declaration of Policy on Human Dignity, originally implemented on May 6, 1996, be amended and renamed Declaration on Policy on Human Dignity. The November 16, 2021, amendment included significant revisions to the language of the 1996 Declaration. His intent is to ask Councilmembers to further amend the Declaration, or cancel it, through an Ad Hoc Committee of three members and present recommendations at the October 3, 2023 City Council Meeting. 83 City Council/PFA Regular Minutes August 1, 2023 Page 29 of 30 Councilmember Kalmick stated he cannot support the creation of another Ad Hoc Committee to meet behind closed doors, and shared his opinion there is no need to change anything within the Declaration of Policy on Human Dignity. Councilmember Moser stated her support for a document that shows the vision for the kind of community we want to have where everyone has dignity and feels safe. She stated this document is a testament to the City's commitment to uphold the dignity of the community. Councilmember Burns noted that the Declaration was dramatically amended in November 2021, and he is presenting an opportunity to re-evaluate whether the original Declaration should be reinstated, or possibly totally cancelled, and return to using the full Constitutional protection that everyone already has. Councilmember Moser noted that one of the November 2021 updates included Penal Code updates, and she asked that the Ad Hoc Committee members be announced at this meeting. Mayor Strickland appointed Mayor Pro Tem Van Der Mark, and Councilmembers McKeon and Burns to this Ad Hoc Committee. Councilmember Moser stated her opinion that Mayor Pro Tem Van Der Mark, nor any of the newly elected Councilmembers, should be part of this Ad Hoc Committee because of alleged past statements and associations. City Attorney Gates interrupted the discussion to note it is not appropriate in this meeting to interrogate anyone about their beliefs in this manner and discuss non-agendized topics. A motion was made by Strickland, second McKeon to recommend that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc Committee of three City Council members (Van Der Mark, McKeon, Burns) appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting on October 3, 2023 for approval of the newly amended Declaration of Policy on Human Dignity. The motion carried by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, and Burns NOES: Kalmick, Moser, and Bolton ADJOURNMENT — at 1:16 AM on Wednesday, August 2, 2023, a motion was made by McKeon, second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, September 5, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. The Huntington Beach City Council/Public Financing Authority regular meeting of August 15, 2023 has been cancelled due to a lack of quorum. 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 84 City Council/PFA Regular Minutes August 1, 2023 Page 30 of 30 _______________________________________ 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 85 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-719 MEETING DATE:9/5/2023 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: August 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 40 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 July 2023 and will continue to do so every month thereafter. 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 City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™86 File #:23-719 MEETING DATE:9/5/2023 liaisons and compiles them into the attached Activity Report that will be routinely agendized for the 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. August 2023 BCC / Regional Agency Activity Report City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™87 1 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) July 31-August 4, 2023 Updates / Actions 4th of July Executive Board 1st Wed., Monthly, 4:30 PM Meeting Room B-8 Department: Community & Library Services Meeting Date: August 2, 2023 Meeting cancelled due to lack of quorum. Zoning Administrator Special Meeting, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: August 2, 2023 Link to Meeting Detail Summary of Action or Discussion: TPM 22-004 (Lark Lane Subdivision) - Approved Huntington Beach Council on Aging 1st Thurs., Monthly, 9:00 a.m., Senior Center (EMG, Room 1) Department: Community & Library Services Meeting Date: August 3, 2023 www.HBCOA.org Summary of Discussion: The nominating committee proposed a new mentor program for new board members to help them become acquainted with the board. The board discussed new ideas for fundraising as the life of the annual golf tournament may have reached its limit. Suggestions included a pickle ball tournament, bowling, raffle, 50:50, and progressive drawings. The treasurer has proposed the addition of an assistant treasurer to support the job duties and act as a backup for vacations and leaves. The board discussed changing their meetings to every other month going forward, no decision was made on the suggestion. The CFO notified the group that a financial planner and the bookkeeper are doing a review of current investments as well as the board’s participation in the Orange County Community Foundation. The Evergreen committee announced they will be having a fundraising campaign included in this year’s membership renewal. August 7-11, 2023 Updates / Actions Planning Commission 2nd and 4th Tuesday, Monthly, 6:00 p.m. Meeting Date: August 8, 2023 Summary of Action or Discussion: Cancelled. 88 I I 2 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) City Hall Lower Level Council Chambers Department: Community Development Human Relations Committee 2nd Tues. Monthly, 6:45 p.m. City Hall Lower Level, B-7 Department: City Manager's Office Meeting Date: August 8, 2023 Link to Meeting Details Summary of Action or Discussion: One (1) hate Incident was reported by HBPD since July meeting. The HB Cultural Film Festival will be held on the last weekend of August at the Central Library, featuring select films out of over 3,000 submissions from all around the world. With the City Council's direction on the official dissolution of the Committee, the HB Cultural Film Festival will be managed by the Dominion InnerTainment after the City's August event. The Ralph Bauer Youth Voices Essay & Art Contest may be continued with the Bauer's family. There were conversations about other opportunities for members to serve the HB community and recognition of the Committee's work and member contributions. Economic Development Committee 2nd Wed., Every other month, 3:30 p.m. City Hall Lower Level, B-8 Department: Community Development Meeting Date: August 9, 2023 Summary of Action or Discussion: Cancelled Environmental & Sustainability Board 2nd Wed. Every other month, 6:00 p.m., City Hall Lower Level, B-8 Department: City Manager's Office Meeting Date: August 9, 2023 Link to Meeting Details Summary of Action or Discussion: Due to Council's recent decision to transition the ESB's duties to the CIAB/PW Commission, this meeting was identified as the Board's final regular meeting. Agenda topics included a timeline for the transition, other opportunities for members to serve the City, recognition and thanks. 89 I I 3 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Community & Library Services Commission 2nd Wed., Monthly 6:00 PM City Hall Council Chambers Department: Community & Library Services Meeting Date: August 9, 2023 Link to Meeting Details Summary of Action or Discussion: 10 written supplemental communications received (2-Meadowlark Golf Course; 8-Oak View Master Plan) and 17 public comments received on the same items. A presentation by the Chief Financial Officer, Sunny Han, and Public Works Principle Civil Engineer, Chris Tanio, on how the budget relates to the redesign and upgrades of projects within the city, including parks and facilities, in addition to the CIP as a whole, and the various funding methods used for projects. The Commission took action on (1) Administrative Item - Oak View Library & Community Center proposed master plan. A presentation was provided by staff and architect firm, Johnson Favaro, LLC. After lengthy discussion on the proposed project, Commissioner Baker motionied to send the item back to staff to rework the plan, reducing the overall footprint, to explore more parking and open space opportunities. The item passed 4-3. Informational Items included updates on the Fiscal Year 2023/24 playground updates with Seeley and Trinidad Park playgrounds slated for replacement. The Don MacAllister memorial plaque will be unveiled on August 14, 2023 at Tower Zero. Liaison Reports included an update on the July 20, 2023, Carr Park redevelopment project meeting. August 14-18, 2023 Updates / Actions Homeless Task Force 3rd Wednesday, 3:00 PM, City Hall Lower Level, B-7 Department: Police Meeting Date: August 16, 2023 Summary of Action or Discussion: This meeting was canceled due to unavailability of Council Liaisons. 90 I I 4 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Intergovernmental Relations Committee 3rd Wed., Monthly, 4:00 p.m. Department: City Manager's Office Meeting Date: August 16, 2023 Summary of Action or Discussion: Meeting canceled due to lack of quorum. Historic Resources Board 3rd Wed. Monthly, 5:00 PM City Hall Lower Level, B-7 Department: Community & Library Services Meeting Date: August 16, 2023 Link to Meeting Details Summary of Action or Discussion: The HRB discussed ideas to celebrate the City Anniversaries for 2024: 50th Anniversary of the City Hall, 50th Anniversary of Central Park, 75th Anniversary of the Community Services Dept. The Board wants to support the City Council and Community and Library Services Dept. in the events they plan. Citizen Infrastructure Advisory Board / Public Works Commission 3rd Wed., Monthly, 5:00 PM Utilities Yard Department: Public Works Meeting Date: August 16, 2023 Link to Meeting Details Summary of Action or Discussion: Commission voted 7/0 that Edinger Avenue Sewer Improvements, CC1662, and Fiscal Year 2022-23 Storm Water Pump Station Facilities Improvements, CC1739 were both in general conformance with the previously approved Capital Improvement Program. Economic Development Committee 2nd Wed., Every other month, 3:30 p.m. City Hall Lower Level, B-8 Department: Community Development Meeting Date: August 17, 2023 Summary of Action or Discussion: Cancelled 91 I I 5 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) August 21-25, 2023 Updates / Actions Zoning Administrator Special Meeting, 1:30 PM City Hall Council Chambers Department: Community Development Meeting Date: August 23, 2023 Link to Meeting Detail Summary of Action or Discussion: CUP 22-022 (Home Depot Tool Rental Center) – Approved; CUP 23-012 (Spellman Wall) – Approved Finance Commission Every 4th Wednesday, Monthly, 5:00 p.m. Council Chambers Department: Finance Meeting Date: August 23, 2023 Link to Meeting Details Summary of Action or Discussion: The Commission discussed the Pension Obligation Ad Hoc Committee’s Pension Liabilities Action Plan. The Commission discussed the Real Estate Ad Hoc Committee’s Lease Coordination letter and voted to send the letter to the City Council for review. Jet Noise Commission 4th Tuesday, Monthly, 4p.m. City Hall Lower Level, B-7 Department: City Manager's Office Meeting Date: August 22, 2023 Summary of Action or Discussion: Meeting cancelled. Communications Committee 4th Tues., Monthly 3:30 p.m., City Hall, 4th Floor Department: City Manager's Office Meeting Date: August 22, 2023 Summary of Action or Discussion: Meeting cancelled. 92 I I 6 JULY 2023 ACTIVITY REPORT FOR REGIONAL AGENCIES AND CITY BOARDS, COMMITTEES, AND COMMISSIONS (BCC) Planning Commission 2nd & 4th Tues., Monthly, 6:00 PM City Hall Council Chambers Department: Community Development Meeting Date: August 22, 2023 Link to Meeting Details Summary of Action or Discussion: A study session was held to discuss GPA 21-004/ZMA 21-003/ZTA 22-005/CUP 21-024/EIR 21-004 (Bolsa Chica Senior Living Community). No action was taken. The item will be scheduled for a public hearing at a later date. Harbour Commission 4th Thurs. Monthly, 5:00 p.m., City Hall Lower Level, B-8 Department: Fire Meeting Date: August 24, 2023 Link to Meeting Details Summary of Action or Discussion: The Harbour Commission received reports from the Vessels and Watercraft and Infrastructure Ad Hoc Committees. The Vessels and Watercraft Ad Hoc Committee recommended that the City Council provide a letter of support to the Base Commander of Naval Weapons Station Seal Beach for proposed changes to Code of Federal Regulations Section 334.930 regarding Anaheim Bay. The Commission approved going forward with the recommendation to the City Council. 93 I I 7 JULY 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 94 I I 8 JULY 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 95 I I 9 JULY 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/ 96 I I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-673 MEETING DATE:9/5/2023 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:Shannon Levin, Council Policy Analyst Subject: Consider Intergovernmental Relations Committee (IRC) recommendation to approve and authorize execution of Professional Services Contracts with Kahn, Soares, & Conway LLP for State Legislative Advocacy Services and with Stapleton & Associates for Federal Legislative Advocacy Services Statement of Issue: As recommended by the Intergovernmental Relations Committee (IRC), consider approving and authorizing the execution of 2-year Professional Services Contracts with Kahn, Soares, and Conway LLP (KSC) for State Legislative Advocacy Services and Stapleton & Associates (Stapleton) for Federal Legislative Advocacy Services. Financial Impact: Sufficient funds for both contracts have been budgeted in the FY 23-24 Operating Budget under account no. 10030101.69365. Funding for Year 2 will be included in the following year’s budget. Recommended Action: A) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Kahn, Soares, & Conway LLP for State Legislative Advocacy Services; and B) As recommended by the Intergovernmental Relations Committee, approve and authorize the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Stapleton & Associates for Federal Legislative Advocacy Services. Alternative Action(s): Do not approve the IRC’s recommended action, and direct staff accordingly. Analysis: The City of Huntington Beach issued a Request for Proposals on May 8, 2023 for firms to provide both Federal and State legislative advocacy services. The selected service provider(s) would workCity of Huntington Beach Printed on 8/30/2023Page 1 of 2 powered by Legistar™97 File #:23-673 MEETING DATE:9/5/2023 both Federal and State legislative advocacy services. The selected service provider(s) would work with the IRC’s staff liaison to present legislation that impacts Huntington Beach, advocate for the City Council's priorities and projects on all legislative levels as directed by staff, and identify outside funds to finance major initiatives. Prospective firms were given the option to submit proposals for either or both the Federal and State legislative advocacy services. It was noted in the RFP that services could be awarded separately. On July 20, 2023, the IRC,comprised of Mayor Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns,reviewed a staff report that included: a list of four firms that submitted proposals, scoring of each firm by an internal staff panel, and recommendations to award contracts. Based on the RFP process as defined by the City’s purchasing policies and the panel’s rankings, staff proposed to recommend that the City Council approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services agreement for State legislative advocacy services with Mercury Public Affairs (Mercury). The IRC report is attached. Following the review, the IRC voted 3-0 to recommend to the City Council to contract with Mercury for State Legislative Advocacy services. Mercury’s proposal was to provide the Federal services while subcontracting with KSC for the State services. For clarity and efficiency, the City proposes to contract directly with KSC for State services only. The IRC also recommended contracting for Federal Legislative Advocacy Services with Stapleton. Both contracts are for an initial two-year term. 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: Non Applicable - Administrative Item Attachment(s): 1. July 20, 2023 Intergovernmental Relations Committee Staff Report Legislative Advocacy RFP Update 2. Professional Services Contract with Kahn, Soares, & Conway LLP 3. Professional Services Contract with Stapleton & Associates City of Huntington Beach Printed on 8/30/2023Page 2 of 2 powered by Legistar™98 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-636 MEETING DATE:7/20/2023 Subject: Legislative Advocacy RFP Update Statement of Issue: Following an extensive Request for Proposals (RFP) process, staff has identified two consultants, Van Scoyoc & Associates and Mercury Public Affairs to provide Federal and State legislative advocacy services, respectively. Staff seeks additional input from the Intergovernmental Relations Committee, prior to placing both contracts on the August 1, 2023 City Council agenda for further consideration. Financial Impact: Sufficient funds are budgeted in the FY23-24 Operating Budget under business unit 10030101.69365. Funds for future years will be included in their respective years’ budgets. Recommended Action: Based on the RFP process as defined by the City’s purchasing policies and the panel’s rankings staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associates and another 2-year professional services agreement for State legislative advocacy services with Mercury Public Affairs. Provide feedback to staff and recommend next steps such as interviews or negotiations with the recommended firms. Alternative Action: Do not approve the recommended action and direct staff accordingly. Alternate actions include conducting interviews with all firms, proceed with negotiations, or re-issue the State Legislative Advocacy RFP given that only one proposal was received. Analysis The City of Huntington Beach issued an RFP on May 8, 2023 from well-qualified firms to provide both Federal and State legislative advocacy services in support of the City Council’s policies and priorities. Firms were asked to submit proposals for either or both the Federal and State legislative advocacy services. The RFP asked firms to detail their qualifications and their proposed approach to the scope of work, which includes: work with the City to establish legislative priorities (i.e., develop a Legislative Policy Platform), advocate on the City’s behalf to federal and state legislative bodies and agencies, conduct legislative research and analysis, support the City in Washington, D.C. and/or Sacramento, and support the City’s financial outlook by developing a plan supplemented through federal or state appropriations and grant funding. The RFP specified that responses must include: 1. Cover Letter 2. Firm Qualifications 3. Understanding of and Proposed Approach to the RFP Scope of Work 4. References 5. Pricing Proposal Additionally, the RFP identified specific criteria that would be used in the evaluation process: City of Huntington Beach Printed on 7/17/2023Page 1 of 2 powered by Legistar™ Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 99 File #:23-636 MEETING DATE:7/20/2023 1. Qualifications and experience of the individuals assigned to the contract 2. Qualifications and experience of the responding firm 3. Experience and track record conducting similar work for similar cities 4. Understanding and approach to the proposed scope of work in Huntington Beach 5. Proposed Fees The RFP closed on June 13, 2023, and the City received four proposals. Proposals were independently evaluated by a panel of three staff members using the specific criteria listed in the RFP. A weighted scale up to 1500 points was allocated across six criteria in compliance with the RFP. Each panelist independently reviewed and scored the proposals per the City’s purchasing procurement policies, and the ranking is as follows: Proposers Scope of Work Compliance with RFP References Qualifications & Experience of the Proposer Experience Conducting Similar Work for Similar Cities Understanding and Approach to Scope Cost Proposal Total Points Van Scoyoc & Assoc. Federal 140 75 362.5 145 337.5 350 1,410.00 Thorn Run Federal 135 70 362.5 145 337.5 300 1,350.00 Mercury Federal & State 135 57.5 325 125 356.25 250 1,248.75 Stapleton & Assoc. Federal 65 10 175 55 212.5 250 767.50 Based on the RFP process as defined by the City’s purchasing policies and the panel’s rankings, staff proposes to recommend to the City Council to approve a 2-year professional services agreement for Federal legislative advocacy services with Van Scoyoc & Associations and another 2-year professional services agreement for State legislative advocacy services with Mercury. Each agreement has an option to exercise one additional year. Sufficient funds to cover the cost of each agreement is budgeted in the FY2023-24 Operating Budget under business unit 10030101.69365. Attachment(s): 1. Request for Proposals - Federal & State Legislative Advocacy Services (RFP No. 23-0613) City of Huntington Beach Printed on 7/17/2023Page 2 of 2 powered by Legistar™ Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 100 RFP NO: 23-0613 REQUEST FOR PROPOSALS FEDERAL & STATE LEGISLATIVE ADVOCACY SERVICES City of Huntington Beach K E Y R F P D A T E S R E L E A S E O F R F P : M O N D A Y , M A Y 8 , 2 0 2 3 W R I T T E N Q U E S T I O N S : T U E S D A Y , M A Y 3 0 , 2 0 2 3 4 : 0 0 P M R E S P O N S E S T O Q U E S T I O N S : M O N D A Y , J U N E 5 , 2 0 2 3 P R O P O S A L S D U E : M O N D A Y , J U N E 1 3 , 2 0 2 3 4 : 0 0 P M I N T E R V I E W S : W E E K O F J U N E 2 6 , 2 0 2 3 I F N E E D E D A P P R O V A L O F C O N T R A C T : J U L Y 2 0 2 3 Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 101 INTRODUCTION The City of Huntington Beach (hereinafter referred to as the “City”) is requesting proposals to establish a contract for Federal Legislative Advocacy Services, with work to commence on or about July 1, 2023 and be completed on June 30, 2024. The City reserves the right to extend the contract for up to two (2) additional one (1) year periods. City reserves the right to issue additional solicitation(s) during term of agreement if services with niche experience/expertise are needed for special projects. BACKGROUND Huntington Beach is located along the Southern California c oast in Orange County, 35 miles south of Los Angeles and 90 miles north of San Diego. The City is best known today for its 8.5 miles of uninterrupted beaches, excellent year-round weather, and a surf culture that draws 4 million visitors annually. Beyond the shoreline, Huntington Beach is a full-service charter city guided by a Council-Manager form of government, with a seven-member City Council made up of the Mayor and six City Council members elected at large. The City Council is the legislative body responsible for the overall policies and direction of the City. Appointed by the City Council, the City Manager implements City Council policy and laws, provides overall guidance to operating departments, and is responsible for administering all City programs to ensure service delivery in an efficient, cost-effective, and quality manner. The City is the 23rd largest city in California, serving as home to a residential population of 199,778. SCOPE OF WORK OVERVIEW The City of Huntington Beach seeks qualifications from well-qualified firms to provide both Federal and State legislative advocacy services, in support of the City Council’s policies and priorities. Firms may submit qualifications for either or both Federal and State legislative advocacy services. The services may be awarded separately. Break out proposed fees for both services and provide a cost of services if awarded both contracts. To build an effective partnership with the selected firm, this RFP assesses each firm’s qualifications and approach to the proposed scope of work below. After reviewing the responses received, the City will identify the best consultant(s) to serve our needs moving ahead. The following includes a general scope of the work to be pursued by the selected consultant: Consultant shall perform the services as set forth below. 1. Legislative Priorities a) Work with the City Council, the City Manager, and other designated City staff to discuss goals, objectives, opportunities, and priorities. b) Provide strategic advice regarding the development of legislative positions and priorities. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 102 c) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. d) Participate in preparing the legislative policy platform, including identifying potential policy issues and upcoming legislative proposals, as needed. 2. Advocate on the City’s Behalf a) Testify at the direction of, and on behalf of the City, at hearings before legislative and regulatory committees. b) Identify opportunities for City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to members of the U.S. Congress and State Congress, providing testimony at legislative hearings, and communication with federal and state agencies. c) Work with legislators for bill authorization and follow appropriations as they concern the City. 3. Legislative Research and Analysis a) Review proposed, introduced and amended federal/state legislation, and proposed and adopted federal/state administrative rules and regulations, to identify and report on matters potentially affecting the City. b) At the direction of and on behalf of the City, undertake advocacy, policy analysis and strategy development on federal/state legislative matters of interest to and/or affecting the City. c) Present federal/state legislative issues to the City Council for policy direction as needed. d) Monitor Federal/State agency rulemaking and notify the City of potential impacts. 4. Communication a) Regularly communicate with the City, attend monthly briefing calls with City staff monthly briefings with the Mayor at the Intergovernmental Relations Committee. Provide weekly and monthly reports on status of legislation and other related updates, and other reports as needed. Consultant shall direct all communication for the duration of the contract with the Contract Manager. b) Provide regular updates on the political landscape in the State and nation’s Capital to help provide context, and identify opportunities and potential issues. At a minimum, provide monthly reports of activities pursued or accomplished on behalf of the City. c) Provide updates on proposed, introduced, and amended federal legislation, and proposed and adopted federal administrative rules and regulations, to identify and report on matters that potentially affect the City’s legislative priorities. d) Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws, regulations, policies, programs, and/or funding opportunities. e) Prepare position letters, draft legislative language and talking points on legislative, budgetary, and regulatory issues as necessary. f) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. g) In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 103 5. Capitol Asset a) Support a positive relationship with the President of the United States, members of US Congress, federal agencies, and State of California lawmakers and agencies. b) Assist in establishing relations between councilmembers and City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. c) Coordinate meetings for City officials and staff with members of Congress and their staff, the executive branch, Federal/State agencies and other key stakeholders. d) Representation in the Capitol and a voice for the City. 6. Financial Outlook a) Develop a strategic federal/state funding plan, coordinating with City staff and departments to develop a proactive and comprehensive strategy that serves the City’s priorities. The plan shall identify City projects, outline and prioritize multiple funding options/opportunities for each project, and evaluate the cost/benefit ratio for each opportunity. b) Monitor and report on the federal/state budget and work to secure funding when appropriate on projects beneficial to City’s interests. 7. Grants a) Support City grant activity, including identifying, researching, and monitoring funding opportunities, facilitating communication with Federal/State agencies, and advocating for support of the application from legislators and key stakeholders. b) Anticipate Grant announcements c) Develop and implement appropriate strategies for coordinating the City’s federal/state lobbying activities/affairs program with its Federal/State affairs program. d) Provide meeting opportunities for City staff to discuss potential grant/funding opportunities and guide them through the application process. e) Work with the City to identify and evaluate potential funding categories with annual budget or appropriation bills, and specific funding on grant opportunities. f) Provide grant writing and follow through monitoring of grant conditions and requirements. 8. Collaboration a) Coordinate and cooperate with other municipalities, organizations and firms having similar legislative objectives as the City. Develop strategies with City staff to identify, organize, utilize, and coordinate City priorities with its associates and other broad coalition-based memberships. b) Coordinate with other local government officials and stakeholders to advocate for common goals. 9. FPPC Filings a) Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be present. 10. Ethics and Conflicts of Interest: Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 104 a) Contractor shall conduct business in such a manner as to foster public confidence in the integrity of City programming and activities. b) Contractor shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection with the Agreement. c) Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. CONTENT OF RESPONSES Responses submitted to the City should include the following components: 1. Cover Letter a. A cover letter signed by the individual authorized to represent / negotiate on behalf of the responding firm, limit 2 pages. 2. Firm Qualifications a. An overview of qualifications for the firm, which should include the type of organization, size, professional registration, and affiliations of the company. b. Resumes and backgrounds of the principal staff who will be working directly and regularly on this initiative with the City as well as their roles. Clearly identify the project lead who will be responsible for the day-to-day management of the contract. c. Provide a minimum of three (3) references of which the proposer has performed services of similar scope, within the last the last three years demonstrating experience relevant to this request and that are related to government advocacy (cities preferred). Provide the contact person’s name, title, address, phone number, and email address. Provide a list of current clients. d. Project Manager Reference (1) In addition to the firm’s references, provide a minimum of one (1) reference for a project with similar scope of services within the most recent five (5) years prior to date of proposal submittal. e. Describe the Consultant’s established strategic relationships with stakeholders, if any, that the Consultant would partner with to achieve outcomes that support the City’s legislative and policy positions. f. Explain what you would do in a situation where two or more of your clients have conflicting views and/or positions on a matter in which you’ve been asked to advocate on behalf of the City. g. Describe your process for identifying grants and to complete a grant application. h. Provide any suggested modifications to the Scope of Work listed above. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 105 3. Understanding of and Proposed Approach to the RFP Scope of Work: a. Describe the recommended approach to the City’s legislative advocacy needs, as outlined the Scope of Work RFP. 4. References Provide a minimum of three (3) references for work similar to this scope of services that proposer has provided within the last three (3) years. Include a detailed description of the services, the agency or firm names, contact names, phone numbers, email addresses, and dates of services performed. 5. Pricing Proposal Provide a fee schedule/pricing information for the services as set forth in ATTACHMENT I, which must include: • Hourly rates for each category of employee • Monthly retainer not-to-exceed amount • Annual not-to-exceed amount (Monthly retainer not-to-exceed amount x 12) The City shall not provide reimbursement for business or travel-related expenses; therefore, such costs must be absorbed in the hourly rate or lump sum fee structure. Pricing shall remain firm for the entire agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. TENTATIVE PROJECT SCHEDULE This RFP will be governed by the following schedule (all date’s subject to change). While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are tentative and the City reserves the right to modify this schedule as needed to accommodate the successful completion of this RFP process. Project schedule subject to change. Release of RFP: Monday, May 8, 2023 Deadline for Written Questions: Tuesday, May 30, 2023 4:00pm Responses to Questions Posted on Web: Monday, June 5, 2023 Proposals are Due: Monday, June 13, 2023 4:00pm Interviews: Week of June 26, 2023 if needed Anticipated Approval of Contract: July 2023 Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 106 SUBMITTAL GUIDELINES Respondents are required to submit the following: Complete written proposals must be submitted electronically in PDF file format via the PlanetBids.com website no later than 4:00 p.m. (P.S.T) on Monday, June 13 , 2023. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. QUESTIONS, ANSWERS, AND ADDENDA TO RFP Prior to the RFP submission deadline, questions may arise regarding the specifications and procedural or administrative matters. All questions pertaining to this RFP shall be submitted using the City of Huntington Beach PlanetBids portal, using the “Q&A” tab within this solicitation. Questions will be accepted no later than the date published on the project schedule. If further clarification is required, proposers shall only contact the RFP Administrator; Proposers shall not contact any other City staff or elected officials with questions. Answers will be published to PlanetBids by the date published on the project schedule. Changes to the RFP itself shall only be made by the City via formal written addenda. Addenda will be published and distributed through the Portal. All addenda shall become a part of the RFP document requiring acknowledgment by the proposer. It is the sole responsibility of the Proposer to ensure that they have received the entire Request for Proposal, including any and all questions, answers and addenda by visiting the City of Huntington Beach PlanetBids portal. Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 4:00 p.m. PST) on May 30, 2023 for response. It is important to note that the City reserves the right to reject any and all responses. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the preparation of the response. An explicit provision of this RFP is that any oral communication is not binding on the City’s RFP response process or selection criteria. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 107 SELECTION OF FIRM RFP Evaluation Process The City will coordinate a review and evaluation of all responses received by the City in response to this RFP. As part of the assessment process, the City will place particular emphasis on the qualifications / experience of the individuals assigned to the project; directly relevant qualifications / experience of the firm; the ability for the firm to undertake the management of the RFP scope of work; and each firm’s understanding and proposed approach to the project. The following specific criteria will be used in the evaluation process: 1. Qualifications and experience of the individuals assigned to the contract 2. Qualifications and experience of the responding firm 3. Experience and track record conducting similar work for similar cities 4. Understanding and approach to the proposed scope of work in Huntington Beach 5. Proposed Fees The City may also contact and review the proposer’s references; contact any bidder to clarify any response; contact any current users of a bidder’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the review process. The City shall not be obligated to accept the lowest-priced Proposal(s), but shall make an award in the best interests of the City. After written Proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the Proposals. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 108 TERMS AND CONDITIONS The following terms and conditions apply to this RFP: 1. All responses shall become the property of the City. 2. Due care and diligence has been exercised in the preparation of this RFP and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of their exposures. 3. The City reserves the right to select firms from the responses received; to waive any or all informalities and / or irregularities; to re-advertise with either an identical or revised scope, or to cancel any requirement in its entirety; or to reject any or all responses received. 4. A response to this RFP does not constitute a formal bid, therefore, the City retains the right to contact any / all proposing firms after submittal in order to obtain supplemental information and/or clarification in either oral or written form. Furthermore, an explicit provision of this RFP is that any oral communication made is not binding on the City’s response process. 5. Insurance Requirements Acknowledgement: Proposer must acknowledge that, upon awarding of the contract, they/their organization will be able to provide insurance documents as required by City of Huntington Beach Resolution 2008-63 (see Appendix B). 6. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the preparation of any response for this RFP. 7. City may disqualify a Proposer if: a) References fail to substantiate Proposer’s description of services and deliverables provided; or b) References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel; or c) City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. d) Proposer(s) contacts any other City staff or elected officials with questions or comments related to this RFQ, or any other regard. Please carefully review the Sample Agreement (Appendix A) and Insurance Requirements (Appendix B) before responding to the Request for Qualifications enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council, and can be modified only if extraordinary circumstances exist. Your response to the Request for Qualifications must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Qualifications. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 109 APPENDIX A Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 110 agree/ surfnet/professional svcs mayor 1 of 11 5/19-204082 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,” and , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (the "Commencement Date"). This Agreement Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 111 agree/ surfnet/professional svcs mayor 2 of 11 5/19-204082 shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Dollars ($ ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 112 agree/ surfnet/professional svcs mayor 3 of 11 5/19-204082 termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs “Design Professional Services” within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: “CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 113 agree/ surfnet/professional svcs mayor 4 of 11 5/19-204082 to CONSULTANT exceed CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney’s fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 114 agree/ surfnet/professional svcs mayor 5 of 11 5/19-204082 CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice; however, ten (10) days’ prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 115 agree/ surfnet/professional svcs mayor 6 of 11 5/19-204082 The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 116 agree/ surfnet/professional svcs mayor 7 of 11 5/19-204082 approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 117 agree/ surfnet/professional svcs mayor 8 of 11 5/19-204082 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 118 agree/ surfnet/professional svcs mayor 9 of 11 5/19-204082 the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY’S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 119 agree/ surfnet/professional svcs mayor 10 of 11 5/19-204082 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 120 agree/ surfnet/professional svcs mayor 11 of 11 5/19-204082 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, COMPANY NAME By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ________________________________ Mayor _________________________________ City Clerk INITIATED AND APPROVED: ____________________________________ REVIEWED AND APPROVED: _________________________________ City Manager APPROVED AS TO FORM: _________________________________ City Attorney Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 121 EXHIBIT A EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 122 Exhibit B 1 EXHIBIT “B” Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month’s bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 123 Exhibit B 2 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. . Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 124 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 125 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services .....................................................................................................1 2 City Staff Assistance ................................................................................................2 3 Term; Time of Performance .....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work ...............................................................................................................2 6 Method of Payment ..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance ............................................................................................5 11 Independent Contractor ............................................................................................6 12 Termination of Agreement .......................................................................................6 13 Assignment and Delegation ......................................................................................6 14 Copyrights/Patents ...................................................................................................7 15 City Employees and Officials ..................................................................................7 16 Notices……………………………………………………………………………..7 17 Consent ....................................................................................................................8 18 Modification .............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement ..............................................................................8 21 Duplicate Original ....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorney's Fees ..........................................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety ......................................................................................................................10 29 Effective Date………………………………………………………………………11 Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 126 APPENDIX B Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 127 HB Insurance Matrix_revised 4-7-16 (2).xlsx 1 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements Contractors: Any persons or entities who contract with the City and/or provide services to the City which are readily available and efficiently procured by competitive bidding. Permittees: Any persons or entities who make application to the City for any use of or encroachment upon any public street, waterway, pier, or City property. Vendors: Any persons or entities who transfers property or goods to the City which may or may not involve delivery and/or installation. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 1 - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. Permittees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1 attached. Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (See Note 2 below.) Include the policy number and Additional Insured Endorsement Requirement statement below. (See Note 3 below.) Minimum of $1,000,000 per occurrence for bodily injury, personal injury and property damages. Allows up to $1,000 deductible.(See Note 1 below.) Combined single limit bodily injury and property damage. Minimum of $1,000,000 per occurrence. Allows up to $5,000 deductible. (Additional Insured Endorsement is always required with General Liability Ins.) Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 128 HB Insurance Matrix_revised 4-7-16 (2).xlsx 2 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but are not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. 4) The reporting of circumstances or incidents that might give rise to future claims. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. Claims made policies are acceptable if the policy further provides that: Minimum of $1,000,000 per occurrence and in the aggregate. Allows up to $10,000 deductible. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 129 HB Insurance Matrix_revised 4-7-16 (2).xlsx 3 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Licensees/Lessees: Any persons or entities who contract with the City for the use of public property. Combined single limit bodily injury and property damage. Minimum of $1,000,000 per occurrence. Allows up to $5,000 deductible. (Additional Insurance Endorsement is always required with General Liability Ins.) Full replacement cost with no coinsurance penalty provision. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (See Note 1 below.) Include the policy number and Additional Insured Endorsement Requirement statement below.(See Note 2.) Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 130 HB Insurance Matrix_revised 4-7-16 (2).xlsx 4 of 4 Minimum Insurance Requirements Professional Liability Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. 4) The reporting of circumstances or incidents that might give rise to future claims. Vendor Type Claims made policies are acceptable if the policy further provides that: Minimum of $1,000,000 per occurrence and in the aggregate. Allows up to $10,000 deductible. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. Att 1- July 2023 IRC Staff Report Legislative Advocacy Update 131 132 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KAHN, SOARES & CONWAY, LLP FOR STATE LEGISLATIVE ADVOCACY SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, KAHN, SOARES & CONWAY, LLP., a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform State Legislative Advocacy 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 CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Louie Brown who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-13256/317311 I of 12 133 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 2023 (the "Commencement Date"), This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit II A 11 shall be completed no later than two (2) years from the Commencement Dale, The time for performance of the tasks identified in Exhibit II A II are genernlly to be shown in Exhibit 11 A, 11 This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT, In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein, 4. COMPENSATION In consideration of the performance of the services descl'ibed herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit 11 B, 11 which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Eighty Thousand Dollars ($180,000), 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 23-13256/317311 2 of 12 134 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtain\ld. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT 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 progrnms, maps, ll1emoranda, 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. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, dall1ages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every natme or liability of any kind or nature) al'ising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement 01· its failure to comply with any of its obligations contah1ed in this Agreement by CONSULTANT, its officers, agents 01· employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 23· 137,561, 17311 3 of 12 135 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 lo be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of st1bseclion A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected 01· 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 01· 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 CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the p1·evious sentence, in the event one or more othe1· defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankrnptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782,8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attomey's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regai·dless of whether any insurnnce policies are applicable, The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 23-13256/317311 4 of 12 136 9, PROFESSIONAL LIABILITY INSURANCE CONSULT ANT shnll obtain and famish to CITY n professional liability insurance policy covering the work perfonned by it hereunder, This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate, The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy farther 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 every effort to maintain similat· insurnnce during the required extended period of coverage following PROJECT completion, If insurance is terminated for any reason, CONSULTANT agrees lo purchase an extended reporting provision of at least two (2) years to report claims al'ising from work performed in connection with this Agreement. If CONSULT ANT fails or refoses to produce or maintain the insurance reqi1ired by this section or fails or refuses to fumish the CITY with required proof that insurance has been pt·ocm·ed and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agl'eement. Such termination shall not 23-13256/317311 5 of 12 137 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work pe1·formed prior to approval of insurance by the CITY. I 0, CERTIFICATE OF INSURANCE Prior to commencing petformance of the work hereunder, CONSUL TANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT 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 CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original 01· a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required, 23-13256/3 I 7311 6 of 12 138 11, INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY, CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all (axes, social security, state disability insurnnce compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all b\lSiness licenses, if any, in connection with the PROJECT and/or the services to be performed here1mder, 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike 111ant1e1·, CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete, Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein, In the event of termination, all :finished and unfinished documents, exhibits, report, und 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 contrnct and the work hereunder shall not be assigned, delegated 01· subcontracted by CONSULTANT to any othel' person ol' entity without the pl'iol' express written consent of CITY, If an assignment, delegation or subcontract is approved, all appxoved assignees, delegates and subconsultants must satisfy the insurance requil'ements as set forth in Sections 9 and 10 hereinabove, 23-132$6/J l731 l 7 of 12 139 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or nrnterial 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 pmsuant 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 Govenunent Code. 16, NOTICES Any notices, certificates, or other commtmications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below, CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates 01· other communications will be sent by notifying the other party via personal delivery, a reputable ovemight carrier 01· U, S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: CityManagel' 2000 Main Street H,mtington Beach, CA 92648 23-13256/317311 8 of 12 TO CONSULTANT: Kahn, Soares & Conway, LLP ATTN: Louie Brown 1415 L, Street, Suite 400 Sacramento, CA 95814 140 17. CONSENT When CITY's consent/appl'oval is l'equired undel' 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 ot' event, 18. MODIFICATION No waivet· or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties, 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are nol representative of matters included or excluded from such provisions, and do not interpret, define, limit 01· 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 foil' meaning, and not strictly for or against any of the pal'ties, If any provision of this Agreement is held by an arbitl'ator ol' 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 hel'e, As used in this Agreement, the masculine or ncutel' gender and singular or plural numbel' shall be deemed to include the other whenever the contexl so indicates or requires, Nothing contained herein shall be constrned so as to require the commission of any act 23-13256/31731 I 9 of 12 141 contrary to law, and wherever there is any conflict between ~ny 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 and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it, 22, IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification, 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT, 7.3"13256/ll7311 IO of 12 142 24, ATTORNEY'S FEES In the event suit is brought by either party to cons1rne, interpret and/or enforce the terms and/or provisions of this Agreement or to secme the performance hereof, each party shall beat' its own attol'lley'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 01· 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 signatme 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 CffY in the event that such authority or power is not, in fact, held by the signatory 01· is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prlor to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 23-132S6/J l'/311 11 of 12 143 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVEDATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement lo be executed by and through their authorized officers. CONSULTANT, KAHN, SOARES & CONWAY, LLP. By: _____________ _ print name ITS: (circle one) Chairman/President/Vice President AND By: _____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer 23-13256/317311 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia City Manager INITIATED AN ~slant City Man ger RECEIVE AND FILE: City Clerk Date --------------~ 12 of 12 144 pl'omise, agl'eement, warrnnty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhiblls, contain the entire agreement between the pmties respecting the subject matter of this Agreement, and supersede all prior i111derstandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29, EFFECTIVE DATE This Agi·eement shall be effective on the date of Its appl'oval by the City Attomey, This Agl'eement shall expii'e when terminated as provided herein, IN WITNESS WHEREOF, the pal'ties hereto have caused this Agreement to be executed by and through their authorized officers, By: ___________ _ 1irlnt nllll\O ITS: (cll'cle 011e) Seorelnry/ChlofFlnanclnl Oft1cc11Assl. Seoretnry -Trcnsunw 23-13256/J 17311 12 of 12 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager INITIATED AND APPROVED: Assistant City Manager APPROVED AS TO FORM: City Attomey Date ____________ _ RECEIVE AND FILE: City Clerk Date ____________ _ 145 A. EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Perform State Legislative Advocacy Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Legislative Priorities a) Work with the City Council, the City Manager, and other designated City staff to discuss goals, objectives, opportunities, and priorities. b) Provide strategic advice regarding the development of legislative positions and priorities. c) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. d) Participate in preparing the legislative policy platform, including identifying potential policy issues and upcoming legislative proposals, as needed. 2. Advocate on the City's Behalf a) Testify at the direction of, and on behalf of the City, at hearings before legislative and regulatory committees. b) Identify opportunities for City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to members of the U.S. Congress and State Congress, providing testimony at legislative hearings, and communication with federal and state agencies. c) Work with legislators for bill authorization and follow appropriations as they concern the City. 3. Legislative Research and Analysis a) Review proposed, introduced and amended state legislation, and proposed and adopted state administrative rules and regulations, to identify and report on matters potentially affecting the City. b) At the direction of and on behalf of the City, undertake advocacy, policy analysis and strategy development on state legislative matters of interest to and/or affecting the City. c) Present state legislative issues to the City Council for policy direction as needed. d) Monitor State agency rnlemaking and notify the City of potential impacts. 4. Communication a) Consultant shall direct all communication for the duration of the contract with the Contract Manager. EXHIBIT A 146 b) Regularly communicate with the City, attend monthly briefing calls with City staff monthly briefings with the Mayor at the Intergovernmental Relations Committee. Provide weekly and monthly reports on status of legislation and other related updates, and other reports as needed. c) Provide regular updates on the political landscape in State's Capital to help provide context, and identify opportunities and potential issues. Al a minimum, provide monthly reports of activities pursued or accomplished on behalf of the City. d) Provide updates on proposed, introduced, and amended state legislation, and proposed and adopted state administrative rules and regulations, to identify and report on matters that potentially affect the City's legislative priorities. e) Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws, regulations, policies, programs, and/or funding opportunities. f) Prepare position letters, draft legislative language and talking points on legislative, budgetary, and regulatory issues as necessary. g) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. h) In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. 5. Capitol Asset a) Support a positive relationship with the Governor, State Agencies, and Members of the California Legislature. b) Assist in establishing relations between councilmembers and City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. c) Coordinate meetings for City officials and the Governor, State Agencies, and Members of the California Legislature and other key stakeholders. d) Representation in the Capitol and a voice for the City. 6. Financial Outlook a) Develop a strategic state funding plan, coordinating with City staff and departments to develop a proactive and comprehensive strategy that serves the City's priorities. The plan shall identify City projects, outline and prioritize multiple funding options/opp01iunities for each project, and evaluate the cost/benefit ratio for each opportunity. b) Monitor and report on the state budget and work to secure funding when appropriate on projects beneficial to City's interests. 7. Grants a) Support City grant activity, including identifying, researching, and monitoring funding opportunities, facilitating communication with state agencies, and advocating for support of the application from legislators and key stakeholders. b) Anticipate Grant announcements EXHIBIT A 147 c) Develop and implement appropriate strategies for coordinating the City's State lobbying activities/affairs program with its Federal affairs program, d) Provide meeting opportunities for City staff to discuss potential grant/funding opportunities and guide them through the application process, e) Work with the City to identify and evaluate potential fonding categories with annual budget or appropriation bills, and specific fonding on grant opportunities. f) Provide grant writing and follow through monitoring of grant conditions and requirements. 8, Collaboration a) Coordinate and cooperate wilh other municipalities, organizations and firms having similar legislative objectives as the City. Develop strategies with City staff to identify, organize, utilize, and coordinate City priorities with its associates and other broad coalition-based memberships. b) Coordinate with other local government officials and stakeholders to advocate for common goals. 9. FPPC Filings a) Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended, Provide the City notification of any changes or modifications that may be present. 10, Ethics and Conflicts ofinterest: a) Contractor shall cond\1ct business in such a maimer as to foster public confidence in the integrity of City programming and activities. b) Contractor shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection wilh the Agreement. c) Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City .. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 148 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. Chm·ges fo1• time du1fag travel at·e normally not reimbursable and will only be paid if such time is act1rnlly used in performing services for CITY and or otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payment toward the fixed fee set forth herein in uccordance with the followh,g: Payment Issuance Schedule Payment Monthly: 1. Written report to City of Huntington Beach a. Record of meetings with State agencies, lawmakers, consultants, policymakers, etc, regarding business related to or on behalf of the City of Huntington Beach b. Record of strategic funding plan, as established by City of Huntington Beach and consultant I. Report of grant-related activity such as Identification, $7500.00 research, and advocacy for the City of Huntington Beach II, Report of other funding and appropriations opportunities C, Record of fulfilment of Scope of Services 2, Attendance at the monthly Intergovernmental Relations Committee meeting 3. Regular communication with the City's Contract Manager Including weekly updates Total $7500,00 3, Delivery of work pl'oduct: A copy of every memo1·andum, lettel', report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks, In the event CITY rejects DI' has comments on any such pl'oduct, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly pwg1·ess payment due. Such invoice shall: A) Reference this Agreement; B) Descl'ibe the se1·vices petfol'med; C) Show the total amotmt of the payment due; D) Include a certification by a principal member of CONSULTANT's fil'm that the wmk has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed, Exhibit B 149 Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall app1·ove the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY, Such approval shall not be \lllreasonably withheld, If CITY does not approve an invoice, CITY shall notify CONSULTANT in wl'iting of the reasons for no1H1pproval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, 01· has been brought into compliance, or until this Agreement has expired or is terminated as provided herein, 5, Any billings for extrn work or additional services authorized in advance and in writing by CITY shall be invoiced separntely to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate cha1·ged fo1· such time, Such invoices shall be approved by CITY if the work performed is In accordance with the extrn work or additional services requested, and if CITY is satisfied that the statement of houl's worked and costs incurred is accurate, Such approval shall not be unreasonably withheld, Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing pel'formance of the remainder of this Agrnement. Exhibit B 150 I I INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested: Risi< Management 2. Date: August 17, 2023 3. Name of contractor/permittee: Kahn, Soares & Conway, LLP 4. Description of worl< to be performed: Providing Legislative and Regulatory Services for the City 5. Value and length of contract: September 2023 to September 2024, $90,000.00 6. Waiver/modification request: $50,000 deductible for Professional Liability 7. Reason for request and why it should be granted: The City only allows up to a $10,000 deductible for Professional Liability. Kahn, Soares & Conway, LLP has provided a financial statement to prove they are in good standing. 8. Identify the risl<s to the City in approving this waiver/modification:Low ~ Date: APPROVALS Approvals must be obtained In the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office Is only required If Risk Management and the City Attorney's Office disagree. 1. ef,..Management ~411~ Approved D Denied f~11-J3 Signature Date 2. City Attorney's Office ~4~ ~pproved D Denied ·-, / Signature Date 3. City Manager's Office i' D Approved D Deni d Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form Is to be filed with the Risk Management Division of Human Resources Waiver Form • Vlanate 8/17/2023 12:05:00 PM 151 . ' Waiver Procedure To request a waivet', indicate herem and provide a brief description ( I -2 sentences) of the proposed work/project, its dolhw value (if not a specific dolhU' amount, use nu avernge, annual estlnrnle or non-profit) and projected thneframe (per job or as-needed basis), For substantial dollar deductible/SIR amounts 1 a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report, etc.). Waiver Requested: l<ahn, Soares & Conway, I.LP Encroachment Pem1itO Private Property Work Permit □ Consultant Services[K) Other: ____________________________ _ Proposed V/ork; wa wm ba pr1wfc!ing are legls]atiVa imd r-.igu1a!ory ~eivices for the City, Dollar Value: --c'--''°cc•c.oo'-'o'-'.o'"o~~~=~~~-~------------------ Projected Timeframe: Sep\ember2023 throughSoptember2024 152 ~RD"' CERTIFICATE OF LIABILITY INSURANCE I PA!f.: (MMIDDNYYY) 08/16(2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO 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 nn AOPl'flONAL INSURED1 the 1>0Uoy(les) muat hflVO ADDITIONAL INSURED provisions or bo endorsed, If SUBROGATION IS WAIVED, subject to tho terms an<I conditions of the policy, certain pollolos may require an endorsement. A statement on this oertlfloato doos not confer rights to the certlflcato holder In Heu of such e1Hlorsomont(s), PRODUCER ~2~!~0T Agency Csr Wafter R Anderson Insurance rJl8~N~ Ex\lt (806) 682-8886 I f,C~ No': (805) 663-1160 3767 state Street sune 28 ~tDREss: IN SURER(S1 AFFOllOJNO COVERAOE NAIC# Sun\a llarbara CA 03105 INSUR~RA: QBE INSUREt:i INSURER 13: Kahn, Soares & Conway INSURER CI l<ahn, Soares & Conway INSURER D: 1415 L Street, Suite 400 INSIJRERE: Sacramento CA 96014-2823 INSURER F: COVERAGES CERTIFICATE NUMBER• CL2381602411 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, NOTWITHSTANDING ANY REQUJREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE:R DOCUMENT WITH RESPECT TO VVHlCH THIS CERTIFICATE MAY OE ISSUE:O OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HF.REIN IS SUBJECT TOAlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. llNSfl LTR TYPE or INSURANCE INSD WVD POLICY NUMBER. I 1&8Ji~g}7;,i1 I ,M8~ri?,J.1Wv1 LIMITS COMMERClAl. GEN ERA!. I.IABILITY EACH OCCURRENCE ' ,_ tJ CLAIMS-MADE □ occun ~REMIS~SYE;~~~~nce\ '-' ~ MED EXP 1Ar,u MIJ"' ISM) $ ~ PERSONAL e.ADV INJURY ' RCAODREOATE LIMIT APPLIES PER, GENERALAGGREGATE $ □PRO-□ PRODUCTS-COMPIOP AGG ' POLICY JECT LOC OTHER: Professional Llablllty ' AUTOMOBILE LIA81LITY ~~-·~~~le~l!NGLE LIM!T $ - Afft' AUTO DODI LY INJURY (P(!( pat son) $ -,__ SCHEOULEO O';'o/+'JED BODILY INJURY (Per acddJJnl) ' -AUTOS ONLY ~ AUTOS HIRED NON-OWNED fp~?:<i~d-zigAIMGE $ -AUTOS ONLY .__ AIJTOSONLY $ UMl91U!LLA UAa HOCCUR EACH OCCURRENC!:: ' - E){CESSUM3 CLAIMS-MADE AGGREGATE ' OED l I RETENTION $ ' WORKERS COMPENSATION l t~A\uTE I I ~JH• AND EMPt.OYl:RS' UABJLITY VIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA t:.l. PACH ACCIDENT ' OFFlCERit,\EMBeR EXCLUOEO? (M~ndal\"lry In NH) E,L, DISEASE· EA EMPLOYEE ' g~i~~f;{r~ b1~PERATIONS b6!0'N E.l. DISEASE· POLICY LIMIT ' PROFESSIONAL LIABILITY I.IMITS: $2,000,000/ PRIOR ACTS: A INSURANCE-CLAIMS MADE POLICY LAW-11470-02 06/01/2023 06/01/2024 $2,000,000 FULL DEDUCTIBLE: $60,000 DESCRIPTION or OPERATIONS/ LOCAT!ONS /VEHICLES (AC?RD 101, MdUIOml R~rt1$rks Schedule, may bo al(aohod If moro ,pace I$ required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TH8 ABOVE DESCRIBED POL.tcm.s ae CANCELL.EO BEFORE iHI:: l:!XPl~A'I'ION OA'I'E THEREOF, NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS, 2000 MAIN srREET AUTl{ORlZt:D REPRESENTATIVE! HUNTINGTON BEACH CA 92648 rfao.. t~e&r;w'l& ' © 1986-2016 ACORD CORPORATION, All rights rosarvod. ACORD 26 (2016/03) The ACORD name anti logo me registered marks of ACORD Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 153 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND STAPLETON & ASSOCIATES FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, STAPLETON & ASSOCIATES., a hereinafter refened to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform Federal Legislative Advocacy 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 CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Thomas Stapleton who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-13256/3173 l l 1 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 154 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSUL TANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on , 2023 (the "Commencement Date"). This Agreement shall automatically terminate two (2) 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 two (2) 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 CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSUL TANT 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 Hundred Eighty Thousand Dollars ($180,000). 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 23-13256/317311 2 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 155 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8, HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUL TANT's counsel. This indemnity shall 23-13256/317311 3 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 156 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: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in Califomia Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attomey's fees incmred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 23-13256/317311 4 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 157 9, PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insmed retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies pmchased as renewals or replacements). B. CONSULT ANT shall notify CITY of circumstances or incidents that might give rise to futme claims. CONSULT ANT will make every effort to maintain similar insurance dming the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to pmchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSUL TANT 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 23-13256/317311 5 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 158 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, 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 certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT 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 CONSUL TANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULT ANT shall pay, in a prompt and tinwly manner, the premiums on the insurance hereinabove required. 23-13256/317311 6 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 159 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder al any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT 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. 23-13256/317311 7 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 160 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 CONSULT ANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: City Manager 2000 Main Street Huntington Beach, CA 92648 23-13256/317311 8 of 12 TO CONSULTANT: Stapleton & Associates ATTN: Thomas Stapleton 8504 Wendell Drive Alexandria, VA 22308 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 161 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18, MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 23-13256/3173l1 9 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 162 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 and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT 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. 23-13256/317311 10 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 163 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 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. SIGN A TORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 23-13256/317311 11 of 12 164 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. 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, STAPLETON & ASSOCIATES By:, _____________ _ print name ITS: (circle one) Chainnan/Prcsident!Vice President AND By: _____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer 23-13256/317311 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager INITIATED AND APPROVED: /4 41~-/ C Assistant City Manager C Attorney ate --------------- RECEIVE AND FILE: City Clerk Date --------------- 12 of 12 165 D promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral qr in writing between the parties 1·especting the subject matter hereof, 29, EFFECTIVE DATE This Agreement shall be effective qn the date of its approval by the City Attomey. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exec\1ted by and through their authorized officers. CONSULTANT, STAPLETON & ASSOCIATES Thomas Stapleton pl'int name ITS: (clrc/e 011e) Clmirmnn/Prfsident/Vice President AND By: __ A_>Ut4, __ s_~~--)t,,---- Anne Stapleton print name ITS: (c/1·0/e 011e) Sc&i:lry/ChicfFinancinl Officer/Asst. Secretal'y-• Trensme1' 23·132S6/31731 l CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager INITIATED AND APPROVED: d,. 4itL_, < Assistant City Manager APPROVED AS TO FORM: City Attorney Date -------------- RECEIVE AND FILE: City Clerk Date -------------- 12 of 12 Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 166 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform Federal Legislative Advocacy Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Legislative Priorities a) Work with the City Council, the City Manager, and other designated City staff to discuss goals, objectives, opportunities, and priorities. b) Provide strategic advice regarding the development of legislative positions and priorities. c) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. d) Participate in preparing the legislative policy platform, including identifying potential policy issues and upcoming legislative proposals, as needed. 2. Advocate on the City's Behalf a) Testify at the direction of, and on behalf of the City, at hearings before legislative and regulatory committees. b) Identify opportunities for City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to members of the U.S. Congress and State Congress, providing testimony at legislative hearings, and communication with federal and state agencies. c) Work with legislators for bill authorization and follow appropriations as they concern the City. 3. Legislative Research and Analysis a) Review proposed, introduced and amended federal legislation, and proposed and adopted federal administrative rules and regulations, to identify and rep01t on matters potentially affecting the City. b) At the direction of and on behalf of the City, undertake advocacy, policy analysis and strategy development on federal legislative matters of interest to and/or affecting the City. c) Present federal legislative issues to the City Council for policy direction as needed. d) Monitor Federal agency rulemaking and notify the City of potential impacts. 4. Communication a) Consultant shall direct all communication for the duration of the contract with the Contract Manager. b) Regularly communicate with the City, attend monthly briefing calls with City staff monthly briefings with the Mayor at the Intergovernmental Relations Committee. EXHIBIT A Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 167 Provide weekly and monthly reports on status of legislation and other related updates, and other reports as needed. c) Provide regular updates on the political landscape in nation's Capital to help provide context, and identify opportunities and potential issues. At a minimum, provide monthly reports of activities pursued or accomplished on behalf of the City. d) Provide updates on proposed, introduced, and amended federal legislation, and proposed and adopted federal administrative rules and regulations, to identify and report on matters that potentially affect the City's legislative priorities. e) Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws, regulations, policies, programs, and/or funding opportunities. f) Prepare position letters, draft legislative language and talking points on legislative, budgetary, and regulatory issues as necessary. g) Raise, discuss and assess any affirmative legislative action that may benefit the City, as needed. h) In consultation with City staff, determine appropriate positions on relevant legislation and recommend proactive legislative action, as appropriate. 5. Capitol Asset a) Support a positive relationship with the President of the United States, members of US Congress, federal agencies, and State of California lawmakers and agencies. b) Assist in establishing relations between councilmembers and City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. c) Coordinate meetings for City officials and staff with members of Congress and their staff, the executive branch, Federal agencies and other key stakeholders. d) Representation in the Capitol and a voice for the City. 6. Financial Outlook a) Develop a strategic federal funding plan, coordinating with City staff and departments to develop a proactive and comprehensive strategy that serves the City's priorities. The plan shall identify City projects, outline and prioritize multiple funding options/opportunities for eaeh project, and evaluate the cost/benefit ratio for each opportunity. b) Monitor and report on the federal budget and work to secure funding when appropriate on projects beneficial to City's interests. 7. Grants a) Support City grant activity, including identifying, researching, and monitoring funding opportunities, facilitating communication with Federal agencies, and advocating for support of the application from legislators and key stakeholders. EXHIBIT A Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 168 b) Anticipate Grant announcements c) Develop and implement appropriate strategies for coordinating the City's Federal lobbying activities/affairs program with its State affairs program, d) Provide meeting opportunities for City staff to discuss potential grant/funding opportunities and guide (hem through the application process, e) Work with the City to identify and evaluate potential funding categories with annual budget or appropriation bills, and specific funding on grant opportunities, f) Provide grant writing and follow through monitoring of grant conditions and requirements, 8, Collaboration a) Coordinate and cooperate with other municipalities, organizations and firms having similar legislative objectives as the City. Develop strategies with City staff to identify, organize, utilize, and coordinate City priorities with its associates and other broad coalition-based memberships, b) Coordinate with other local govermnent officials and stakeholders to advocate for common goals. 9. FPPC Filings a) Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be present. 10. Ethics and Conflicts ofinterest: C, D. a) Contractor shall conduct business in such a manner as to foster public confidence in the integrity of City programming and activities, b) Contractor shall not solicit, demand, accept or agree to accept from any other person a gratuity or benefit in connection with the Agreement. c) Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. CITY'S DUTIES AND RESPONSIBILITIES: WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 169 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY and or otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payment toward the fixed fee set forth herein in accordance with the following: Payment Issuance Schedule Payment Monthly: 1. Written report to City of Huntington Beach a. Record of meetings with Federal agencies, lawmakers, consultants, policymakers, etc. regarding business related to or on behalf of the City of Huntington Beach b. Record of strategic funding plan, as established by City of Huntington Beach and consultant i. Report of grant-related activity such as identification, $7500.00 research, and advocacy for the City of Huntington Beach ii. Report of other funding and appropriations opportunities c. Record of fulfilment of Scope of Services 2. Attendance at the monthly Intergovernmental Relations Committee meeting 3. Regular communication with the City's Contract Manager including weekly updates Total $7500.00 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Exhibit B Att 3- Stapleton & Associates Professional Services Agreement Federal Legislative Advocacy Services 170 Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSUL TANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 171 AeRD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 08/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ODES 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 Ille cerllflcnte holder Is an ADDITIONAL INSURED, Ille pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGAllON IS WAIVED, subject to the tenns and conditions or the policy, certain pol/clos inay requ!ro an endorsement. A statement on this certificate does not c:onfer rights to the oertlflcato holder In lieu of such ondorsoment(s), PRODUCER I ~2ff~~OT BIBERK t'NgNE; . 844-472-0967 I r,.e~_,fo\: 203-654-3613 P,O, Box 113247 Mlillbs• customerservlce@blBERK.com Stamford, CT 06911 INSURF.RISI AFFORDING COVERAGE NAICII INSURER A: National llabll\ty & Fire Insurance Company 20052 INSURED !NSURERD: Stapleton & Associates LLC INSURER 0: 683 s Washington St INSURER D: Alexandria, VA 22314 INSURER Ii: INSURER t: 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. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WlilCH THIS ·CERTIFICATE MAY BE ISSUJ:'O OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUl3JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1r~1t 1YPEOFINSURA.NCE ADDI. SUBR POLICY NUMBER ~g}J~ff_ l iM°MT6%Wf'-LIMITS '----alMSRCIAL OENERAL LIABlt.lTY EACH OCCURRENCE $ CLAlMS,MAOE □ OCCUR =!Yd!ENTEO $ ' s Ea 0CCl.lffe"C61 ~-MEO EXP 'An" one nersonl $ -PERSONAL & ADV INJURY $ r=r AGGREGATE LIMIT APPLIES PER: OENERALAGOREGATE $ POLICY □ ~~f □ LOC PRODUCTS. COMP/OP AGG $ OTHER: s AUTOMOBILE LIABILITY f'E~~Bl~~ll-~ INGLE LIMIT $ ~ ' ANY AUTO BODILY INJURY (Par p&rson) $ -OV\INl:D SCHEDULED BODILY INJURY(Per aoolden\) $ ' AUTOS ONLY ' AUTOS HIRED NON•OWNEO fcfi?PE~~RAMAGE s ~ AUTOS ONLY L_ AlJTOSONI.Y $ , __ UMBREI.LA.l!Aa HOCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADI: AGOREGAlE s DEO l l RETENTIONS $ WORKeRS COMPENSATION I ~W....-e I i 21H· AND EMPLOYERS' LIAl:"IILITY VIN ANYPROPRI ETOR.IPARTN ER/EXECUTIVE □ NIA E.l. EACH ACCIDENT $ OFF1CERIMEMBEREXCLUDE07 {MahdatOIY In NH) E.l..O!SEASE,EAEMPLOYEE S ~~i'a~rtifJN b1~PERATIONS below E.L. DISEASE• POLICY LIMIT $ A Professional Llalllllty (Errors & N9PL327497 08/17/2023 08/17/Z024 Per Occurrence/ $1,000,000/ Omissions): Claims-Made Aggregate $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHIOLES {ACORD 101, Mdttlonal Rom11rks SOhOOu!e, may be ettac11ed If moto spaoe Is roqu]rod) {~011 CERTIFICATE HOLDER CANCELLATION \ SHOUl.,O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Huntington Beach THE EXPIRATION DATE THERl=:OF1 NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE i~ 6''1~'b------ ' @1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/03) The ACORD nmne ""d logo are registered marks of ACORD City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-741 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager Subject: Redirect staff to return to City Council on October 17, 2023 with actionable policy options regarding City library materials and safeguards Statement of Issue: Staff recommends amending City’s Council’s direction from June 20, 2023 by requesting staff to return to City Council on October 17, 2023 with actionable policy options regarding City library materials and safeguards. Financial Impact: There is no fiscal impact. Recommended Action: Amend the June 20, 2023 Council direction by directing staff to return with actionable policy options related to safeguards over City library materials on October 17, 2023. Alternative Action(s): Do not approve the recommended action; direct staff accordingly. Analysis: Staff recommends amending Council’s direction from June 20, 2023 (File #: 23-532 <https://huntingtonbeach.legistar.com/LegislationDetail.aspx?ID=6262853&GUID=3BA96B62-1D4E- 476F-9ED4-EBBC706848BA&Options=&Search=>) by requesting staff to return to City Council on October 17, 2023 with actionable policy options regarding safeguards in City libraries. 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: Non Applicable - Administrative Item City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™172 File #:23-741 MEETING DATE:9/5/2023 City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™173 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-742 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Authorize the City Manager to approve a contract with Paradigm Management Services, LLC (“Paradigm”) to undertake medical management responsibilities related to a workers’ compensation claim Statement of Issue: The City requests authorization for the City Manager to execute a contract with Paradigm to undertake medical management responsibilities, including the payment of all medical costs, related to a workers’ compensation claim. Financial Impact: The total amount of this contract with Paradigm is anticipated not to exceed $2.8M. The City has liability insurance through PRISM, which provides insurance for claims costs exceeding the City’s self-insured retention of $1M. The contract cost exceeding the City’s $1M self-insured retention will be reimbursed by the City’s insurance carrier. Reimbursement is expected to occur in the current fiscal year. Other costs previously incurred that relate to this occurrence are included in the $1M retention limit. Sufficient budget is available in the City’s Self-Insured Worker’s Compensation Fund (551). Recommended Action: Authorize the City Manager to approve a contract, approved to form by the City Attorney, with Paradigm Management Services, LLC to undertake medical management responsibilities related to a workers’ compensation claim, in an amount not-to-exceed $2.8M. Alternative Action(s): Do not approve the recommended action, and provide alternate direction. Analysis: City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™174 File #:23-742 MEETING DATE:9/5/2023 In response to an ongoing workers’ compensation claim, the City recommends entering into a Revised Outcome Plan Contract with Paradigm to undertake medical management responsibilities for the employee, including the payment of medical costs related to any injuries sustained by the employee, when appropriate, necessary and compensable. Due to HIPAA concerns, the employee’s name cannot be disclosed publicly. Such services will be performed with consultation from the City and in accordance with workers’ compensation laws and regulations. The estimated contract length is approximately two years, and the total amount payable to Paradigm is anticipated not to exceed $2.8M. Amounts related to this occurrence that exceed the $1M self- insured retention will be reimbursed by the City’s excess liability insurance carrier. 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: Non Applicable - Administrative Item City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™175 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-674 MEETING DATE:9/5/2023 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 the Huntington Beach Downtown Business Improvement District’s Annual Report and Proposed Budget for Fiscal Year (FY) 2023-2024, and Adopt Resolution No. 2023-37 declaring the City’s Intention to Levy an Annual Assessment for FY 2023-2024 at a public hearing scheduled for October 3, 2023 Statement of Issue: In September 2004, the City Council approved Ordinance No. 3661, establishing the Huntington Beach Downtown Business Improvement District (District). Each business within the District is assessed an annual fee that is used to fund supplemental services that are above the City’s baseline services, within the defined geographic area. As part of the California Parking and Business Improvement Law of 1989, an annual report and budget for the District must be submitted each fiscal year for City Council approval. Council must also adopt a Resolution of Intention to levy an assessment for the upcoming fiscal year at a scheduled public hearing. Financial Impact: The District’s FY 2023-2024 budget submitted by the Huntington Beach Downtown Business Improvement District (HB Downtown) includes projected revenues of $910,340, of which $110,200 are anticipated to come from business assessments and the remaining from sources other than assessments. Expenditures are reimbursed based upon revenue collected. In the City’s FY 2023-24 Operating Budget, the Huntington Beach Downtown Business Improvement District Fund (Fund 710) totals $107,000 in revenues and offsetting expenditures. It is recommended that an additional $3,200 in revenues and expenditures be appropriated to maintain a balanced budget. Recommended Action: A) Approve the Huntington Beach Downtown Business Improvement District Annual Report and Proposed Budget for FY 2023-2024; and, City of Huntington Beach Printed on 8/31/2023Page 1 of 6 powered by Legistar™176 File #:23-674 MEETING DATE:9/5/2023 B) Adopt Resolution No. 2023-37, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment for FY 2023-2024 within the Huntington Beach Downtown Business Improvement District”, which sets a public hearing for October 3, 2023 to consider continuation of the Huntington Beach Downtown Business Improvement District; and, C) Authorize the revenue appropriation of $3,200 in account 71000710.40500 and an expenditure appropriation of $3,200 in account 71080101.69505, for a net zero impact to the fund. Alternative Action(s): Do not approve the Annual Report and Proposed Budget or modify accordingly, and/or deny the Resolution. Analysis: Background In September 2004, the City Council approved Ordinance No. 3661, establishing the District to fund activities and improvements, above the City’s baseline services, in order to benefit and support all businesses within the boundary area. Pursuant to state law, the City Council also appointed an Advisory Board to make recommendations regarding the activities or improvements the proposed assessment would fund and the related expenditures, as well as any changes to the boundary zone or assessment formula. The recommendations made by the Advisory Board are considered annually by the City Council at a public meeting,and the City Council can approve or modify the recommendations as it deems appropriate. In 2008, the City Council adopted Ordinance No. 3797 that modified the selection of members to the Advisory Board and approved Resolution No. 2008-04, appointing the HB Downtown to act as the District’s Advisory Board. HB Downtown is a private, 501c(6) non-profit corporation that was formed by the businesses located within the boundaries of the District. The organization represents the collective interest of businesses within the District and focuses on creating a thriving downtown by providing marketing and events, security, maintenance, beautification, and member engagement. The District is managed by HB Downtown in accordance with an approved agreement between the City of Huntington Beach and HB Downtown. Annual Report and Proposed Budget HB Downtown provides supplemental services for businesses within the District. These services include increased marketing through promotions and events, a social media presence, and the management of services such as enhanced security and cleaning operations. Most notably, HB Downtown hosts weekly and signature events intended to add value to downtown by stimulating economic activity and fostering a strong sense of community. The FY 2023-2024 Annual Report (Attachment 2) highlights accomplishments from last year and priorities for the upcoming year. Of importance is HB Downtown’s role in taking proactive measures to ensure the District is clean, safe and welcoming. HB Downtown also continues their role as operator of the Surf City Artisan Fair, a weekly event displaying local and regional artists at Pier Plaza, and Surf City Nights, the Tuesday night street fair. Curating these activations provides revenue to HB Downtown and greater control in ensuring that the events benefit District members. Other City of Huntington Beach Printed on 8/31/2023Page 2 of 6 powered by Legistar™177 File #:23-674 MEETING DATE:9/5/2023 to HB Downtown and greater control in ensuring that the events benefit District members. Other notable highlights include the management of various high profile events that drew thousands of visitors to downtown, including Surf City Spooktacular, Magic on Main, Chili at the Beach and the second annual HB4th Block Party. In addition to the above, during the past year HB Downtown filled staffing needs, conducted stakeholder outreach, refreshed its website, and the board of directors conducted a SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis, and identified focus areas for the upcoming year. This upcoming year, HB Downtown will continue to focus on providing enhanced security and maintenance, district management and communication, holiday beautification, and marketing and events. The Advisory Board recommends allocating the District’s business assessment funds ($110,200) toward the following expenses with the remaining expenses to be funded by other revenue received by HB Downtown: ·Ambassador Security Program - $33,060 (30%)- In coordination with Visit Huntington Beach (VHB), the Ambassador Security Program will continue to work closely with the Police Department primarily during peak season, holidays, and special events to address safety- related matters and establish a positive rapport and visible presence. ·District Management - $22,040 (20%)- Funds will support the Executive Director position, who is responsible for the administration, finances, and day-to-day operations of the District. ·Enhanced Maintenance - $16,530 (15%)- HB Downtown will continue to manage downtown cleaning operations with funds mostly administered through the City of Huntington Beach Public Works Department. During peak season and major events, HB Downtown will use assessment funds to provide additional porters to uphold the area’s appearance. ·Holiday Beautification - $16,530 (15%)- To promote visitation during the holiday season, Main Street will be transformed with festive lighting, snowflakes, and a holiday tree. ·Marketing & Events - $16,530 (15%)- Funds will be used for community events, advertising, and marketing programs (website/email) that strengthen the downtown‘s brand identity. ·CRM Software Program and Staff - $5,510 (5%)- Per City Council’s recommendation in FY 2022-2023, funds have been allocated this year towards the purchase of a Customer Relationship Management (CRM) software program to improve the management of HB Downtown’s business relationships. The proposed overall budget for HB Downtown (Page 30 in the Annual Report) will increase from the previous year from $822,796 to $910,340. The increase is mainly due to the inclusion of VHB’s contribution for the Ambassador Security Program and increased revenue as a result of Surf City Nights returning to its original, expanded footprint. Surf City Artisan Fair ($268,000) and Surf City Nights ($263,140) make-up approximately 58% of HB Downtown’s total revenue. Annual revenue received from business assessments is projected to be $115,000, however only $110,200 is anticipated to be collected (12% of the total budget) due to some business vacancies. Other notable changes to the budget this year include adjustments to event revenues and expenses, as well as staff modifications. For Surf City Artisan Fair, which is managed under a separate agreement between HB Downtown and the City’s Community and Library Services Department, City of Huntington Beach Printed on 8/31/2023Page 3 of 6 powered by Legistar™178 File #:23-674 MEETING DATE:9/5/2023 revenue adjustments were made for the upcoming year. Staffing expenses are now included under payroll instead of events, including replacing the Surf City Nights Coordinator position with an Events & Social Media Manager. HB Downtown will maintain $160,784 (reflected on the Statement of Financials in the Annual Report) in reserves that is unbudgeted. Summarized below is the proposed total budget, which includes variances from last year’s approved budget. INCOME FY 2022-2023 (APPROVED) FY 2023-2024 (PROPOSED) VARIANCE City of HB Maintenance $198,396 $198,000 -$396 Business Assessments $107,000 $110,200 $3,200 VHB Ambassador Program $36,000 $36,000 Surf City Artisan Fair $310,000 $268,000 -$42,000 Surf City Nights $182,400 $263,140 $80,740 Surf City Days $10,000 $10,000 $0 Chili at the Beach $10,000 $25,000 $15,000 Halloween $5,000 $0 -$5,000 TOTAL INCOME $822,796 $910,340 $87,544 EXPENSES City of HB Base Maintenance $186,396 $198,000 $11,604 Enhanced Maintenance $39,251 $21,000 -$18,251 Marketing/Advertising $10,883 $12,000 $1,117 Ambassadors $56,200 $81,151 $24,951 Office Supplies/Expenses $4,200 $6,000 $1,800 Bank Charges $1,200 $1,200 $0 Dues & Subscriptions $4,200 $8,400 $4,200 Insurance $2,100 $2,207 $107 Accounting $7,350 $6,150 -$1,200 License & Fees $3,000 $3,000 $0 Repairs & Maintenance $960 $2,400 $1,440 Rent & Storage $16,400 $16,400 $0 Telephone/Internet $2,400 $2,400 $0 Meeting/Training $800 $2,250 $1,450 BOD Election $2,000 $1,600 -$400 Website $6,000 $0 -$6,000 CRM $3,600 $3,600 EIDL Repayment $10,224 $12,000 $1,776 Payroll:$0 Executive Director $105,000 $105,000 $0 Event Manager $0 $67,200 $67,200 SCAF Operator $0 $58,960 $58,960 SCAF Support Staff $0 $12,900 $12,900 Administrative $9,600 $30,000 $20,400 Surf City Nights Coordinator $25,800 $0 -$25,800 Events:$0 Surf City Nights $42,056 $85,970 $43,914 BID Event Misc.$6,000 $0 -$6,000 Surf City Artisan Fair $235,776 $100,552 -$135,224 Chili at the Beach $10,000 $25,000 $15,000 Surf City Days $5,000 $12,000 $7,000 Halloween $5,000 $5,000 $0 Miracle on Main $5,000 $5,000 $0 Holiday Beautification $20,000 $20,000 $0 HB 4th Block Party $0 $3,000 $3,000 TOTAL EXPENSES $822,796 $910,340 $87,544 City of Huntington Beach Printed on 8/31/2023Page 4 of 6 powered by Legistar™179 File #:23-674 MEETING DATE:9/5/2023 INCOME FY 2022-2023(APPROVED)FY 2023-2024(PROPOSED)VARIANCECity of HB Maintenance $198,396 $198,000 -$396Business Assessments $107,000 $110,200 $3,200VHB Ambassador Program $36,000 $36,000Surf City Artisan Fair $310,000 $268,000 -$42,000Surf City Nights $182,400 $263,140 $80,740Surf City Days $10,000 $10,000 $0Chili at the Beach $10,000 $25,000 $15,000Halloween$5,000 $0 -$5,000TOTAL INCOME $822,796 $910,340 $87,544EXPENSESCity of HB Base Maintenance $186,396 $198,000 $11,604Enhanced Maintenance $39,251 $21,000 -$18,251Marketing/Advertising $10,883 $12,000 $1,117Ambassadors$56,200 $81,151 $24,951Office Supplies/Expenses $4,200 $6,000 $1,800Bank Charges $1,200 $1,200 $0Dues & Subscriptions $4,200 $8,400 $4,200Insurance$2,100 $2,207 $107Accounting$7,350 $6,150 -$1,200License & Fees $3,000 $3,000 $0Repairs & Maintenance $960 $2,400 $1,440Rent & Storage $16,400 $16,400 $0Telephone/Internet $2,400 $2,400 $0Meeting/Training $800 $2,250 $1,450BOD Election $2,000 $1,600 -$400Website$6,000 $0 -$6,000 CRM $3,600 $3,600 EIDL Repayment $10,224 $12,000 $1,776 Payroll:$0 Executive Director $105,000 $105,000 $0 Event Manager $0 $67,200 $67,200 SCAF Operator $0 $58,960 $58,960 SCAF Support Staff $0 $12,900 $12,900 Administrative $9,600 $30,000 $20,400 Surf City Nights Coordinator $25,800 $0 -$25,800 Events:$0 Surf City Nights $42,056 $85,970 $43,914 BID Event Misc.$6,000 $0 -$6,000 Surf City Artisan Fair $235,776 $100,552 -$135,224 Chili at the Beach $10,000 $25,000 $15,000 Surf City Days $5,000 $12,000 $7,000 Halloween $5,000 $5,000 $0 Miracle on Main $5,000 $5,000 $0 Holiday Beautification $20,000 $20,000 $0 HB 4th Block Party $0 $3,000 $3,000 TOTAL EXPENSES $822,796 $910,340 $87,544 District Renewal The City Council is asked to approve the FY 2023-2024 Annual Report and proposed Budget, adopt a Resolution declaring the City’s intent to levy an annual assessment for the upcoming year, and schedule a duly noticed public hearing for October 3, 2023. Per the California Streets and Highways Code, Chapter 3, Section 36533, the Annual Report has been filed with the City Clerk and includes the following information: 1. No proposed changes in the boundaries or in the benefit zones; 2. Improvements and activities and their estimated cost; 3. The method and basis of levying the assessment for each business; 4. Amount of any surplus or deficit revenues to be carried over from the previous fiscal year; and, 5. Amount of contributions to be made from sources other than assessments. Funding recommendations to the City Council are made by a ten-member (nine voting members, one non-voting member) Advisory Board, which is elected annually by businesses located within the District. State law requires that improvements and activities funded by assessments benefit businesses located within the District. Approximately 255 businesses are active in the District and assessed based on size, location, and business type. Assessments range from $80 to $1,404 per annum with an approximate $12 processing fee by the City. HB Downtown is not proposing any changes to the boundary map or the assessment formula (Attachment 3). City of Huntington Beach Printed on 8/31/2023Page 5 of 6 powered by Legistar™180 File #:23-674 MEETING DATE:9/5/2023 As required by state law, a public hearing must be held to provide the opportunity for member businesses to protest. The Resolution of Intention sets this public protest hearing for October 3, 2023. At that time, the City Council will tally the percentage of assessments protested and will hear additional public comment on the renewal of the District. The City Council can reduce assessments or modify the boundary area if public comments prompt adjustments. If written protests are received from member business owners totaling 50% or more of the assessment value, no further proceedings to continue the District can be considered for a period of one year. 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: Economic Development & Housing Attachment(s): 1. Att #1 Resolution No. 2023-37 2. Att #2 Exhibit A - Annual Report and Proposed Budget for FY 23-24 3. Att #3 Exhibit B - Boundary Map, Business List, and Assessment Schedule 4. Att #4 Exhibit C - Improvements and Activities proposed to be funded 5. Att #5 PPT - BID Annual Report and Proposed Budget for FY 23-24 City of Huntington Beach Printed on 8/31/2023Page 6 of 6 powered by Legistar™181 182 RESOLUTION NO. 2023-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2023-2024 WITHIN THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500 et seq.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and A sizeable majority of the downtown businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a downtown business benefit area within the City of Huntington Beach and to levy assessments to promote business and tourist related activities; and The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report" and "Proposed Budget for Fiscal Year 2023-2024" (collectively, "Annual Renart")· and . ' The City Council formed a business improvement area, known as the Huntington Beach Downtown Business Improvement District (the "District"), by the passage of Ordinance No. 3661 on September 7, 2004. By this Resolution, the City is declaring its intent to levy an assessment for fiscal year 2023-2024 pursuant to the process detailed in Streets and Highways Code §36500, et seq.; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The recitals above are incorporated herein. SECTION 2. There is no intention to change the boundaries or any benefit zone within the District. SECTION 3. The City Council hereby approves the Annual Repmi filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference, which includes a proposed budget for Fiscal Year 2023-2024, describing the improvements and activities to be provided. 23-13085/314820 183 Resolution No. 2023-37 SECTION 4 Council's intent is to levy and collect assessments within the District area for Fiscal Year 2023-2024 as per the map of the District area and the assessment schedule listed in Exhibit B attached hereto and incorporated herein by this reference. SECTION 5. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit C, attached hereto and incorporated herein by this reference. Fmiher, the improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit C. SECTION 6. A public hearing shall be held before the City Council on October 3, 2023, at 6:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing, may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no fu1iher proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. SECTION 7. The City Clerk is hereby directed to provide notice of the public hearing by causing this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing. SECTION 8. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5582; or from the Huntington Beach Downtown Business Improvement District, 315 3rd Street, Suite E, Huntington Beach, CA 92648, (714) 536-8300. SECTION 9. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. 22-11583/287625 2 184 Resolution No. 2023-37 SECTION 10. This resolution shall take effect immediately upon adoption. 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: INITIATED AND APPROVED: Director of Community Development ATTEST: City Clerk 22-11583/287625 3 annual report 2023- 2024 JAIME STRONG EXECUTIVE DIRECTOR PREPARED BY HB DOWNTOWN BUSINESS IMPROVEMENT DISTRICT 185 01 hb downtown ABOUT The Downtown Business Improvement District (the "District") is a program established in 2004 by the City of Huntington Beach to fund activities and improvements benefiting all businesses within a specified boundary area. Huntington Beach Downtown Business Improvement District (HB Downtown), a private non-profit 501c6 business-based corporation that was established in 2008, is an all-inclusive collaborative advocate for the entire growing downtown region and acts as the Advisory Board to the District. 186 02 hb downtown MISSION To be the advocate for our coastal downtown community creating economic vitality and the premier entertainment destination. To make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments of businesses within the District. VISION To be a sustainable catalyst for a thriving and livable downtown, nationally recognized for its diverse local businesses and authentic, unique culture. Known for being welcoming, accessible, clean, safe, fun and environmentally conscious. 187 MAJH grRrrr MOHgttR MARCH COgtUMr ~· PARAl't! 03 hb downtown EXECUTIVE COMMITTEE President: Brett Barnes, Duke's Huntington Beach Vice President: Sandra Schulz Taylor, Model Citizen & Dash of Sass Treasurer: Tony Duran, EV Rideables Secretary: Moe Kanoudi, Main Street Eyewear BOARD OF DIRECTORS Nate Bernal: Sandbar Cocina y Tequila Bob Bolen: Huntington Beach Realty Darrick Hearn: Sandy's Beach Shack Kelly Miller: Visit Huntington Beach Peter "PT" Townend: International Surfing Museum STAFF Executive Director: Jaime Strong Events & Social Media Manager: Kim-Erin Justice Administrative Assistant: Madeleine Gates 188 04 WHAT IS A BUSINESS IMPROVEMENT DISTRICT A Business Improvement District (BID) is an area where business owners collectively agree to pay assessments to fund improvements and activities that benefit the district. In partnership with the downtown business owners, the Huntington Beach City Council formed a city program called the Huntington Beach Downtown Business Improvement District (District) in 2004 by approving ordinance No. 3661. One goal of establishing the District was to strengthen and improve the visitor experience in the downtown business district. In 2008, City Council appointed a non-profit organization, the HB Downtown Business Improvement District (HB Downtown), to serve as the District's Advisory Board. The HB Downtown acts to administer and manage activities and funding outlined in the ordinance and resolutions establishing the District. HB Downtown consists of a volunteer Board of Directors and administrative staff to support the goals of providing communication, marketing, and coordination of the HB Downtown's work. 189 05 BID Member overview There are approximately 255 businesses in the District. Depending on the business type, square footage, and location, individual business assessments range from $80 to $1,404 per year. 190 Htmtington Be.ach Dmvntow11 B11 iness Improvement District Boundaries a,rd Benefit Zones 1 & 2 ;;; . .. . ... ;;; ~ a B.1l11m0te A'l'e ;; ;;; . ... e., Or z, i .,<i' 0 j, ,. !l m en ljlue Fin ii: <:> OflUi d 0 --.. ~ ~ ai f 8-eJlci\C.ombtf Dr (J Atl,:u11.a A;,;• .5 .5 N r)ltrfn I Cir i ~ .5 i i ~ ~.-wall Cu 0 l ! 0 ., ... ,, "'•i11m,Hl D• <South,,.y•rtd c_, ,. ii 06 BID assessment chart Assessments excluded for apartments, real estate agents, non-profits,home-based businesses and temporary vendors. Businesses and non-profit organizations outside the area may join withthe approval of the BID Board by paying the equivalent fee annually. Non-profit organizations within the BID Assessment Zone canvoluntarily participate by paying $30.00 to HB Downtown BusinessImprovement District directly. 191 Category Benefit Zone 1 Benefit Zone 2 Retail 1,000 sq. ft. or less $351 $200 1,001 -2,500 sq . ft . $702 $400 2,501 -4,999 sq . ft. $1,053 $600 5,000+ sq. ft. $1,404 $800 Restaurants 1,000 sq. ft. or less $351 $200 1,001 -2,500 sq . ft. $702 $400 2,501 -4,999 sq . ft. $1,053 $600 5,000+ sq . ft. $1,404 $900 Hotels 20 rooms or less $468 $400 21 -50 rooms $936 $800 51 rooms or more $1,404 $1,200 Services/ Office 1st Floor $281 $160 Basement, 2nd Floor or Higher 1,000 sq. ft. or less $120 $90 1,001 -2,500 sq . ft. $150 $120 2,501 -4,999 sq . ft. $300 $150 5,000+ sq. ft. $700 $350 Cart/ Kiosk $100 $80 Banks/ ATM $600 $400 Seasonal, 9 mos or less $500 $300 07 HB DOWNTOWN HIGHLIGHTS Stakeholder Relations, chaired by Tony Duran Marketing & Events, chaired by Peter “PT” Townend Provision of (15) complimentary booth spaces for HB Downtown members Reintroduction of non-competing hot prepared food Allocation of additional budget for staff and marketing efforts In collaboration with HB Downtown Stakeholders, the City of Huntington Beach and the local community, our mission is to serve as an advocate for our coastal downtown community, Highlights from 2022-2023 include: Board Retreat In February 2023, the HB Downtown Board of Directors met for a Strategic Planning Retreat. This half-day meeting was held at the City Hall and featured notable speakers such as Assistant City Manager Travis Hopkins, Economic Development Manager Kriss Casanova, CEO of VHB Kelly Miller, and President & CEO of Civitas Advisors John Lambeth. Collaboratively, the Board of Directors worked to assess the current state of HB Downtown through a SWOT (Strength, Weakness, Opportunities, Threats) Analysis, which subsequently led to the establishment of committees aimed at addressing the District's needs. The committees formed were as follows: The retreat provided the Board of Directors with an opportunity to create a vision and focus for the upcoming year. Surf City Nights Expanded Since March 2021, Surf City Nights has been operating within a smaller footprint. The removal of outdoor dining in March 2023 prompted a return to the original event footprint, resulting in the addition of space for 49 more booths from PCH to Orange Ave. In response to these changes, a dedicated Surf City Nights Task Force was assembled to provide recommendations to the Board of Directors. Approved alterations include: Staff continues to grow and expand the market with new vendors and community programming. 192 • • • • • 08 HB DOWNTOWN HIGHLIGHTS Staff: The revival of Surf City Nights has brought about the necessity for a full-time Events and Social Media Manager. This role involves the identification of new vendors, development of programming, and management of the expanded event footprint. Furthermore, an administrative role was reinstated to oversee billing, event coordination, and marketing activities. Stakeholder Outreach: Effective communication remains a prominent objective for HB Downtown, serving to foster trust, solicit feedback, address concerns, and enhance stakeholder engagement. Noteworthy highlights include a collaboration with the HB Police Department for a Critical Incident Response Training with over 70 attendees and a Mixer event featuring Mayor Pro Tem Gracey Van Der Mark with over 40 attendees. Additionally, monthly newsletters have proven effective in updating stakeholders on topics including holidays, events, and more. HB Downtown collaborates with our partners to ensure clear communication on matters such street closures and stakeholder- supporting initiatives like the Illegal Lodging Letter. Enhanced Website: HB Downtown remains committed to spotlighting HB Downtown Stakeholders and events that drive attendees to the heart of the Downtown District. This year, the HB Downtown website (www.hbdowntown.com) has been refreshed, including an updated membership directory that more accurately showcases our diverse businesses. Additionally, to create a more user-friendly environment, Surf City Nights, Surf City Artisan Fair, and Signature Events pages were updated for both vendors and attendees making for a better experience. HB Downtown strives to enhancement resources for the betterment of the Downtown District. 193 09 HB DOWNTOWN MAINTENANCE 2022-2023: $44,000 2021-2022: $34,430 2020-2021: $34,430 2019-2020: $34,430 2018-2019: $8,000 The Public Works department and the HB Downtown Business Improvement District have an ongoing maintenance agreement. The initial Memorandum of Understanding (MOU) was established back in 2013, with a total value of $154,000. Presently, efforts are underway to update this agreement. However, the costs associated with the maintenance contract have surpassed the originally stipulated amount in the MOU. To address these supplementary expenses, the Public Works department has formally requested additional funding. Below is a breakdown of the supplementary funding provided by the Public Works department over the past five years: In the year 2022, a decision was reached to eliminate the administrative fee that was previously incorporated within the agreement. Instead, these funds were redirected to cover the current maintenance contract costs. Furthermore, there are designated funds earmarked for specific purposes related to enhanced maintenance. These funds can be utilized to bridge the gap between the actual maintenance expenses and the amount specified in the existing MOU. HB Downtown has also allocated additional funds specifically for the purpose of hiring more porters within the Downtown District during events such as the 4th of July, US Open of Surfing and the Pacific Air Show. This proactive measure is intended to enhance the overall upkeep and functionality of the district during these events. The current sidewalk cleaning map is on Page 10. 194 • • • • • 10 HB DOWNTOWN MAINTENANCE sidewalk cleaning map 195 101-10 ... "" ~ ~ ~ ~ . ~ '" ; 5, ~ +-' ' Q) ~ co ...J 54>2 : ZI045 11 hb downtown signature events 196 12 surf city Nights TUESDAY NIGHTS IN HB DOWNTOWN Every Tuesday, Surf City Nights Certified Farmers' Market and Street Fair, draws both locals and visitors to Main Street. The atmosphere becomes vibrant with curated vendors, local bands taking center stage and the downtown businesses offering Surf City Nights Specials. This event serves as a platform to engage with community partners including HBPD, HBFD, Marine Safety, and notable non-profits like Surfrider Foundation, the HB Historic Resources Board, and more. In March 2023, the removal of outdoor dining spaces paved the way for a return to the event's original layout. This strategic pivot led to an expansion, resulting in the addition of 49 extra booths across the first three blocks of Main Street. This extended area has facilitated the active involvement of HB Downtown Stakeholders, including prominent establishments like 25 Degrees, The Kite Connection, Hurricane's, Model Citizen, and more. HB Downtown st aff remains dedicated to nurturing the market's growth and enrichment. The introduction of fresh vendors and community-driven programming continues to shape Surf City Nights for locals and visitors. 197 . t1?~1~n 'ffl:411 ::')!J :, .-r ~~d ~ ~ .. n 111111 NIGHTS CERTIFIED • Street I LIVE Farmers "arket I Fair 11USIC en NAR SPRING FRON ~,4 GRAND 5-SP" .... OPENING Celebration Starts at 5:30pm at The "•in Stage ( Main Street & Olive Avenue l • Spec ial Guests. New Vendors & Fun for Everyone! • Local Hero Award Presentation Honoring the HBPD • Ramsey Brothers Band c ttain Stage , ttain St. & Olive l • Hang Ten on the Big Vave c benefiting Waymokers HBShelter l • HBPD Appreciation Night c NoinSl & Valnut > Dine & Shop Nain Street Scan Cade F'ar Surf City Nights Special Offers! Presented By 13 surf city artisan fair FRIDAYS & SELECT WEEKENDS AT HB PIER PLAZA In the Spring of 2022, HB Downtown took on a new role as the operator of Pier Plaza Surf City Artisan Fair on Fridays and select weekends. The Surf City Artisan Fair, is a recurring event designed to showcase the exceptional talents of local and regional artisans. This event is enriched through dynamic programming and community engagement, thoughtfully integrated through the Four Corners concept: Gathering, Giving, Creative, and Learning. These pillars cultivate an environment of inclusivity, inspiration, philanthropy, and knowledge-sharing, encompassing art, music, non-profit initiatives, community groups, and educational experiences that resonate across all age groups. By providing an engaging environment, the event has successfully brought together an array of high-quality artisans and creatives; amplifying their work and offering visitors and locals a distinctive way to immerse themselves in HB Downtown. 198 14 HB DOWNTOWN EVENTS: CHILI AT THE BEACH JUNE What a sizzling day it was on Main Street in HB Downtown during our annual event, Chili at The Beach! This fun-filled day under the sun brought the entire community together for a fantastic family experience. A highlight of the day was the Chili Tasting Contest, where the crowd indulged in over 15 mouthwatering chili creations from talented local contestants. Attendees purchased wristbands to savor the delightful range of chili flavors, all while supporting a worthy cause. A portion of the ticket sales was dedicated to The Boys & Girls Clubs of Huntington Valley and the Huntington Beach International Surf Museum - two valuable organizations that serve our community. The air was filled with friendly competition as attendees cast their votes for the coveted People's Choice Chili Winner. Our esteemed panel of celebrity judges, including Calvin Free, Chief Scott Haberle, Aaron Pai, Lieutenant Brian Smith, Peter "PT" Townend Mayor Pro Tem Gracey Van Der Mark and Wink Williams, had the tough but enjoyable task of determining the best chili in Huntington Beach! 199 ____,.___ __ ffllf MY Off t:i:J:l1#il4tf.t• SATURDAY JUNE 17'H 2023 -~cS~ o~owm~ FEATURING OUR CAST OF CELEBRITY JUDGES i 15 HB DOWNTOWN EVENT: hb4TH BLOCK PARTY JUNE This year's highly anticipated 4th of July kicked off in HB Downtown with the second annual block party on Main Street. In attendance were esteemed guests, including Mayor Tony Strickland, Mayor Pro Tem Gracey Van Der Mark, and Council Member Casey McKeon adding to the excitement of the event. The highlight of the evening was undoubtedly the live music performances by The Ramsey Brothers and Redneck Rodeo. The vibrant atmosphere resonated with the spirit of patriotism and unity as everyone came together to honor our nation's independence. The HB4th Block Party continues to reinforce our Downtown District's reputation as a premier destination. 200 JOINUSFORTHEOFFIC IAl KICKOFFOF TH EI NDE PENDENCEDAYCEtE BRATI DN -~~ HB4TH · ~ ~·"1 BLOCK , . .,. n•RTY ~suRr c1,v rN i(@~~ ********** * * MAIN STREET * * * * * * HUNTINGTON BEACH, <A * * * * FRIDAY ■ JUNE 30!! ********** UVE MUSIC & ENTERTAINMENT * * * WIIH PERFORMANIES BY * * * * THE RAMSEY BROTHERS BAND * FOR MORE INFO VISIT HB4THOFJULYORG 16 HB DOWNTOWN EVENT: SURF CITY SPOOKTACULAR OCTOBER Halloween was in full swing as we invited everyone to join us for a spooktacular evening in HB Downtown! Families and friends dressed in their favorite Halloween costumes, venturing through the downtown area for a delightful round of trick-or-treating. Participating businesses offered sweet treats and surprises adding to the Halloween magic. An amazing group of partners joined the fun, including Community & Library Services, HB Fire Department, Marine Safety, HB Police Department, BeWell, Republic Services, and more. Their presence added a special touch to the Halloween festivities, creating a strong sense of community spirit. Back by popular demand, the Halloween Costume Contest showcased the creativity and spookiness of all attendees. Participants of all ages proudly flaunted their fantastic costumes on the Main Street stage. New this year, the Main Street Monster March lead by Mayor Barbara Delgleize, invited everyone to join the costume parade up and down Main Street. The Halloween event was a thrilling and enjoyable night for everyone in HB Downtown. It captured the true spirit of Halloween, spreading joy and excitement throughout the community. 201 THIS FREE FAMILY EVENT ~•,. BROUGHT TO YOU BY f;Jf.!l::!':,a HR Downtown ~.itE. - 17 HB DOWNTOWN EVENT: SURF CITY DAYS & hE'E NALU PIER FESTIVAL SEPTEMBER Surf City Days , brought an array of exciting activities that captivated the community. The event featured the highly anticipated Huntington Beach Surf Contest, showcasing the remarkable skills of local surfers in the waves. Participants and spectators alike enjoyed the exhilarating CBVA Volleyball Tournament. At Demo Days in Huntington Surf & Sport, surf enthusiasts had the chance to try out the latest surf gear, enhancing their surfing experience. The Rockin Fig Vintage Surf Festival, a lively block party, celebrated the rich vintage surf culture, paying tribute to the local legend, Rockin Fig. He'e Nalu Aloha , held at HB Pier Plaza, features a diverse array of presentations, including art, music, dance, crafts, and exhibits, providing a comprehensive and authentic experience of Pacific Island culture. These events exemplify the Downtown District's commitment to providing unforgettable experiences that celebrate our local culture and create a sense of unity among locals and visitors. These events not only celebrate the deep-rooted surf culture of Huntington Beach but also pay homage to the diverse and beautiful heritage of the Pacific Islands. 202 Family Friendly Events Starting September 17th Hnnffilillill to ffil ,h P~ r Dolfffil o He'e Nalu Aloha Pier Festival September 17th&18th 9AM· 9PM Sat. 9AM·6 PM Su n . A Ce lebration Of Th e Islands, Culture and The Al o ha Spirtl ...................................................... CBVA PREMIER TOUR VOLLEYBALL TOURNAMENT Huntington Surf & Sport DEMO DAY September 17th 8AM-3PM September 17th&18th Registrat ion Detai ls At : www.c bva .co m . For More Info & upcomin events visit us at: @ @HBDew11tewnUSA www.HBD0w11tow11.eom 18 HB DOWNTOWN EVENT: MAGIC ON MAIN STREET NOVEMBER HB Downtown presented a truly magical experience with "Magic on Main Street" during the holiday season. For the first time, "Magic on Main Street" was held on a Tuesday night during Surf City Nights, creating an intimate small-town ambiance that encouraged attendees to explore and support local businesses in the downtown area. It was a heartwarming celebration of community and the holiday spirit, leaving all who attended with cherished memories. The tree lighting ceremony was undoubtedly a highlight of the event, capturing the essence of the season as the dazzling lights illuminated Main Street. With the help of City Officials and local kiddos, the Main Street tree was lit for everyone to admire. And, of course, what would a holiday event be without a visit from the jolly old fellow himself – Santa Claus! Attendees were delighted to have the opportunity to take selfies with Santa. "Magic on Main Street" truly embodied the spirit of the holiday season and served as a heartwarming reminder of the magic the holiday season. 203 T u.esd.a.y, November 22 nd 5-8pm Surf Gty Ni.9h.ts Celebrates "Ma.9i.c on. Ma.i.n. Street" * Tree U9htin9 at 6 pm. *Sel~es with Sartt a '$ Ro ck.irt' aro ll rtd Mairt Str eet with, Accidertta.l Tmdmcies & Daddy artd Th e Bad dys $ Sh a k.a. ort the Bi9 Wave for Robyrte's Nest * Shop Sm.a ll irt HB Dowrtt owrt Don.a.it a.n. u.n.wra.pptd n.ew tay a.t tht HB So.nto.°'1us Rid, Booth.on2"' Blocl<.of MainSt o.n.d be mtmd into •~r h.o l,do.y ro.f~• 19 improvements & activities funded by assessments fy 2023-2024 204 20 improvements & activities (20% OF FY 2023-2024 ASSESSMENT FEES) DISTRICT MANAGEMENT $ 22,040 (15% OF FY 2023-2024 ASSESSMENT FEES) ENHANCED MAINTENANCE $ 16,530 (5% OF FY 2023-2024 ASSESSMENT FEES) CRM SOFTWARE (STAFF)$ 5,510 $ 110,200TOTAL ASSESSMENT FEES (30% OF FY 2023-2024 ASSESSMENT FEES) AMBASSADOR PROGRAM $ 33,060 (15% OF FY 2023-2024 ASSESSMENT FEES) HOLIDAY BEAUTIFICATION $ 16,530 (15% OF FY 2023-2024 ASSESSMENT FEES) MARKETING & EVENTS $ 16,530 The following are recommendations from the Advisory Board on the expenditure of revenues derived from the levy of assessments, estimated to total $110,200 for FY 2023-2024: Further information about the allocation of funds follows on Page 21 through Page 23. 205 21 ambassador program Regular Patrolling - The Ambassadors patrol the Downtown District, maintaining a visible presence and establishing rapport with individuals in the community. Observation & Reporting - The Ambassadors observe and report any potential safety concern, disturbances, or other incidents in the area. Collaboration with HBPD - The Ambassadors worked closely with the HBPD Downtown Detail to address safety-related matters effectively. Assistance & Guidance - The Ambassadors provide assistance and guidance to visitors, answering questions, provide directions and offer recommendations for local attractions and services. The primary purpose of the Ambassador program is to establish a positive rapport and visible presence among business owners, patrons, and visitors in the Downtown District during peak season, holidays and special events. The program’s overarching goal is to create an environment where all visitors can enjoy their time in HB Downtown. The Ambassador program, funded in part by HB Downtown, HBDBID Assessments and Visit Huntington Beach, has proven to be a valuable asset to the Downtown District. The Ambassadors have been actively involved in various activities, including: The Ambassadors’ commitment to safety, community engagement, and collaboration with HBPD has made a positive impact on the Downtown District. enhanced maintenance The Downtown District takes centerstage for b oth locals and visitors, especially during peak seasons and major events. To uphold the area's appearance, HB Downtown takes proactive measures to ensure a clean and welcoming destination. Additional trash pickup and extra porters are arranged during peak seasons and major events like the 4th of July, US Open of Surfing, and Pacific Airshow. It is important to provide a positive and memorable experience for all attendees, reinforcing the Downtown District's reputation as a vibrant and welcoming destination. 206 • • • • 22 district management holiday beautication The Downtown District was transformed during the holiday season with the addition of enchanting lighting and snowflakes above Main Street. The true star of the show was the decorated tree on the 2nd Block of Main Street, serving as the heart of the holiday magic and drawing the community and visitors together. For the first time, HB Downtown held the annual tree lighting event during Surf City Nights, which attracted a record crowd and set the stage for a joyous and unforgettable holiday season. Active and effective communication with HB Downtown Stakeholders through various communication and outreach initiatives, including newsletters and stakeholder meetings. Serving as a liaison for the City of Huntington Beach on programs and partnerships, including the Maintenance Contract and Ambassador Program. Oversight of the general administration of the HB Downtown office, including staff supervision. Development and execution of an integrated marketing strategy to enhance awareness of the Downtown District across a range of marketing channels. Management of various events that contribute to community engagement and activity within the Downtown District. Active involvement in the Huntington Beach community by serving on the board of the HB Chamber, Surfing Walk of Fame Executive Committee, and recently graduating from the Robert Mayer Leadership Academy Class of 2023. The Executive Director plays a pivotal role in managing the administration, finances, and day-to-day operations of the Downtown District, all under the guidance of the elected Board of Directors. The responsibilities include: 207 • • • • • • 23 marketing & events Marketing & Events have been instrumental in promoting and shaping the story of the Downtown District. Our strategic approach to marketing, which includes utilizing various communication channels and organizing community events, has allowed us to engage stakeholders effectively and establish a strong brand identity for HB Downtown. Assessment Fees are used for events (listed below), advertising and marketing programs, including website and email outreach. An Enhanced Website now serves as a comprehensive and user-friendly platform, showcasing unique offerings, events, and relevant information. Ongoing improvement of the website to ensure that it remains a dynamic and informative platform. Social Media is used to expand our reach and connect with a broader audience by establishing a strong social media presence with two active accounts: @hbdowntownusa and @hbdowntowneventsusa. Through engaging content and timely updates, there is a sense of community among our online followers, HB Downtown Business to strengthened our brand presence. Community Events such as the HB4TH of July Block Party, Surf City Spooktacular, and Magic on Main Street have become highly anticipated annual gatherings. These events have not only increased exposure but have also created memorable experiences, engaged our community, and enhanced the HB Downtown brand. crm program Data centralization, encompassing contact information, communication history, and other pertinent details. This comprehensive view of customer data guarantees up-to-date information, enabling the organization to identify and address potential issues proactively before they escalate. Improved stakeholder relationships, facilitated by a central database that provides a better understanding of their needs and preferences, consequently enabling more personalized interactions. Efficient marketing campaigns, empowered by tailored marketing messages specifically targeted at distinct stakeholder groups, thus leading to heightened engagement. in FY 2022-2023, The Huntington Beach City Council has recommended that HBDBID adopt a Customer Relationship Management (CRM) program. A CRM serves as a tool for the organization's stability and longevity, benefiting all stakeholders. The benefits of implementing a CRM include: 208 • • • 24 statement of financial position 209 25 210 Hu ntington Beach Downtown Business Improvement Distri ct Statem en t of Finan cl al Position ASSETS Current As.se ls 1Ba11f< Accounts 1 020 First Baok -Mai11 Acot 1 030 Firs! Bank • MM 11040 Firs Bank -Mal ntenance Total Bank Account$ Q her Cum~nt Assets 1330 Prepaid Re nt Undeposlted Fu 11ds Total Ottwr Current Assets Total Cum,nt Assets Fixed As.se as 16 40 M achinery & Equ l pm0nt 660 O ffl oo Equipment 16 70 Comput,ers 1700 Accumulated Depreciat ion. Total Rxed Assets TOTAL ASSETS LIABILITIES AND EQU ITY Liabi li ties Current Li abi lit ies other Cu rr enl Lia bilit ies 2080 Paymll C leari ng 2 100 Payroll T ax Payabl e Total Olher Cun-erlt IL!labUIU86 Total Curmnt llabilifles Lo:n g-T.erm Liiabiliti@s 2400 Notes Payabl e -SBA El DL Tola! Lor,g-Tenn Liabilities Total Llabllltles Equity 31 DO Unreslrict ed et Asse1s Reta ined Earnings .0t R.even ue To1a l !Equity TOTAL UABIUTIES AND 'E0UITY A:3 of July 31, 2.023 TOTAl 46 ,269 .. 50 160.,784,08 -193.67 $2.00 ,.859 .9, 500 .00 5,7 86-50 $6,286,50 $219,146,41 ,65 1,68 538 .74 2,931.66 -1 3.496-73 $1,825 .35 $214,m .rs •"18 5_08 -888 .39 $-1 ,079 .47 $-1,073.47 50 ,000.00 $150 ,000.00 $148,9.26 .53 1 01 ,885-99· 0 .00 -36,040,76 $65 ,845.23 $214 ,771.76 26 profit & loss statement 211 27 212 Hunting1ton Beach Downtown iBus 1iness lmp rov ,ement 10,istrict Budget vs. Actu als: 2022-:2023 Budget-FY23 P&IL Revenue• 4050 Bl D Assessments 4 1 ,00 Ch ili M 1he, Beac h 4:200 Everlt Revenue 43 00 Surf City Night s 4400 Su rr Ci ty Days 4500 Mirac le on Mai n 4800 City or HB Ma i nle an ce Una;pp l'i€l d Cash Paym ent Rsven u:e Total Re"'8nue Cost of Goods So ld 5 oo Renlal 8: Settip 515'0 Pa,king 5200 Stree t Cleani ng 5300 Event Expenses 5330 Enterta.inmet11 5380 Print ing & Produ ction lotal 5300 Event Elfpe11$8$ 5500 Mis oel aneous 5600 Holi day Bea utiflcalion 5800 Main lenanoe Total ·Ooslof Goods Sold GROSS PRO FIT Expe nditures 7010 Adv erti sing & Ma rketing 705 0 Ban k Cha rges & Fees 7070 Cons 1ta 11ts 7090 C arllable Cont ri buti ons 7"1 oo Du es & su bscripti ons 7 50 Insurance 7170 Legal & Accmmling Sei"Vioes 7190 Meetl ng1 & Tra i11 ing1 7 1 9 1 Elect ion 7200 Mis,Cffl laneo:us Expense 7210 Office Supp lies 7290 Rent & L0ase 7300 Repairs. & Mainle-nance 731 O Seourirty 7315 Ambassado r Pro gram Total 7310 Securily 7320 'Tax:es & licenses 7330 Telephone October 20!22 ~ Jul y 2023 ACTUAL BU DGET 102,937.·00 91 ,000.00 16,93.1 .57 1-0 ,00 0.00 397,065.0,1 249,500.00 37,230 .17 145,400.00 0.00 3.,000.00 66;00 0 ,00 165,000.00 0 .00 $620,,1 63 .75 $683 ,900 .00 42,896.167 53,830.0 0 2.417.75 .2,000,0 0 14,3 18.00 14 ,500.00, 17,563.27 1 94,069.00 4,S.00,00 · 7,157.22 39,52.0.49, 194;069.00 2 ,000,00 19,750.00 20,000.00 181,500.00 165,000.00 $300,402.911 $45 1,399.00 $319,780.84 $212,501.001 788.69 7 ,000.00 272.24 1,000.00 2 14 ,,079.04 126 ,00 0 .0 0 3 ,000.00 2, 45.9·9 6,.,000.00 890.00 2 ,207.00 9,296.50 4.455.00 1,,805.:23 700.00 0.00 81 .19 1 ,000.00 2'429.99 6.500.00 9,(1001.00 14,60 0.00 650,00 600.00 10,275.00 43,799.38 41,426.00 ,54,074.38 4"1,426.00 43,,987.06 2 ,500.00 2 ,00 4.5 0 2,000.0 0 TOTAL OVER SU DGl:T 11,937.00 '6,931.57 147,56!;i,.01 -1 08,, 1 69.83 0.00 -3,000.0 0 ·99,000.00 0.00 $ -43,,736.25 -10,93.3 .33 4 17.75 -182.00 ·176 ,505.73 4,800 .00 17, 57.22 -1 54,548.51 -2-,0 00.00 -.25 0 .00 16,600.00 $ -100,996,09 $107259.84 -6,21i .31 727.76 88 .,07 9,.0 4 3 ,000.00, -4.404 .0 1 -1,317.00 4 ,841 .50 1,105.23 o.oo -618.81 -4 ,070.0 1 -5 ,.00 0.,00 -1 50 .. 0Q, 10,275.00 2,373.38 -12,848,3:8 41,487.0 8 4 .50 %OF BU DGET 13 .. 1 2 % 169 .32% 159.14 % 25 .. 6 1 % 40.00% 79 .69% 120.89% 98 .74% 9,.05% 20.36% 98.75,% 110.00% 66.55 % 1150A7% 11.27% 27 .22% 169.90 % 32.76 % 40.33 % 20 8.68% .257.89 %, 18. 2% 3 7 .3 8% 61 .64 % 91 ,25 % 05.73 % 130.53%, 1 ,7 59, .. 46 % 00,23 % 28 213 Huntington Beach Downtown Bus ·ness Improvement Distriict Budget vs. Actuals: 20.22~2023 Budget -FY23 P&L OuickBool!is Payments Fee s Total Expenditures NIE.T OPERAT ING REV EN UE Other Revenue 8000 Interest Earned Total Other Revenue Nl:T OTHER A~VE.NUE NET RE.V1ENUE October 2022 -July 2023 ACTUAL BUDGET 11,216.86 4 ,652.80 $365,82 1 .69 $221,390.80 $ ~36,080 ,85 $-8,889.80 20.09 $20.1)9 $0.00 $20.09 $0.00 $ -38,040.78 s-a ,a8.9 ,eo TOTAL OVER BUDGET 6 ,564.06 $134,430.69 $ ~27, 171..05 20.09 $20.09 $20.09 $-27,150.96 %OF BUDGET 24 .08% 160.72% 405 .. 64% 0.00% 0100% 405.42% 29 2023 - 2024 budget A surplus of approximately $3,000 to $4,000 in BID assessments is anticipated to be carried over from the previous year. 214 BUSINESS IMPROVEMENT DISTRICT INCOME:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS City of HB Maintenance $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $198,000.00 BID Assessments $7,100.00 $8,100.00 $8,100.00 $8,100.00 $10,100.00 $10,100.00 $10,100.00 $10,100.00 $10,100.00 $10,100.00 $10,100.00 $8,100.00 $110,200.00 Ambassador Funding (VHB)$3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $36,000.00 Surf City Artisan Fair $18,000.00 $33,000.00 $33,000.00 $10,875.00 $10,875.00 $19,500.00 $24,750.00 $26,000.00 $22,000.00 $22,000.00 $22,000.00 $26,000.00 $268,000.00 Surf City Nights $20,500.00 $20,500.00 $20,500.00 $18,500.00 $18,500.00 $20,500.00 $20,500.00 $23,500.00 $23,500.00 $23,500.00 $26,640.00 $26,500.00 $263,140.00 Surf City Days $10,000.00 $10,000.00 Chili at the Beach $25,000.00 $25,000.00 Monthly Totals $65,100.00 $81,100.00 $81,100.00 $56,975.00 $58,975.00 $69,600.00 $74,850.00 $79,100.00 $100,100.00 $75,100.00 $78,240.00 $90,100.00 $910,340.00 EXPENSE:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS City of HB Maintenance $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $16,500.00 $198,000.00 Enhanced Maintenance $3,000.00 $2,000.00 $2,000.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 $1,500.00 $6,000.00 $3,000.00 $5,000.00 $24,000.00 Marketing/Advertising $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $12,000.00 Ambassadors Security $0.00 $2,593.00 $2,593.00 $0.00 $865.00 $1,729.00 $0.00 $10,948.00 $16,133.00 $16,618.00 $16,132.00 $13,540.00 $81,151.00 Bank Charges $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $1,200.00 Dues & Subscriptions $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $700.00 $8,400.00 Insurance $0.00 $550.00 $0.00 $590.00 $0.00 $0.00 $1,010.00 $0.00 $0.00 $57.00 $0.00 $0.00 $2,207.00 Accounting $450.00 $1,200.00 $450.00 $450.00 $450.00 $450.00 $450.00 $450.00 $450.00 $450.00 $450.00 $450.00 $6,150.00 License & Fees $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $3,000.00 Board of Directors Election $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,600.00 $1,600.00 Meeting/Training $1,500.00 $0.00 $0.00 $750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,250.00 Exec. Dir.$8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $8,750.00 $105,000.00 Event & Social Media Manager $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00 $67,200.00 Admin $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $30,000.00 SCAF Operator $3,960.00 $7,260.00 $7,260.00 $2,392.50 $2,392.50 $4,290.00 $5,445.00 $5,720.00 $4,840.00 $4,840.00 $4,840.00 $5,720.00 $58,960.00 SCAF Support Staff $900.00 $1,800.00 $1,800.00 $600.00 $600.00 $1,200.00 $1,350.00 $1,050.00 $900.00 $900.00 $750.00 $1,050.00 $12,900.00 CRM $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $3,600.00 Office Supplies $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $6,000.00 Repairs/Maintenance $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $2,400.00 Rent & Storage $900.00 $900.00 $900.00 $900.00 $900.00 $6,500.00 $900.00 $900.00 $900.00 $900.00 $900.00 $900.00 $16,400.00 Telephone/Internet $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $2,400.00 EIDL Repayment $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $12,000.00 $48,310.00 $53,903.00 $52,603.00 $43,282.50 $42,807.50 $51,769.00 $46,755.00 $58,168.00 $62,323.00 $67,365.00 $63,672.00 $65,860.00 $656,818.00 BID EVENTS SCN Set up (Malco)$2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $33,600.00 SCN Set up (HB)$2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $2,800.00 $33,600.00 Parking $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $1,200.00 SCN Entertainment $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $3,000.00 SCN Event Expenses (Marketing)$2,000.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $250.00 $750.00 $350.00 $350.00 $6,150.00 SCN Quickbooks $656.00 $656.00 $656.00 $592.00 $592.00 $656.00 $656.00 $752.00 $752.00 $752.00 $852.00 $848.00 $8,420.00 $8,606.00 $6,956.00 $6,956.00 $6,892.00 $6,892.00 $6,956.00 $6,956.00 $7,052.00 $6,952.00 $7,452.00 $7,152.00 $7,148.00 $85,970.00 SCAF Facility Fee $3,250.00 $7,800.00 $7,800.00 $2,600.00 $2,600.00 $5,200.00 $5,850.00 $4,550.00 $3,900.00 $3,900.00 $3,250.00 $4,550.00 $55,250.00 SCAF Security/Cleaning $1,900.00 $4,000.00 $4,000.00 $1,350.00 $1,350.00 $2,600.00 $3,000.00 $2,250.00 $1,900.00 $1,900.00 $1,600.00 $2,250.00 $28,100.00 SCAF Event Expenses (Marketing)$2,000.00 $750.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 $6,250.00 SCAF Logistics $676.00 $1,406.00 $1,156.00 $698.00 $448.00 $724.00 $1,568.00 $932.00 $804.00 $804.00 $804.00 $932.00 $10,952.00 $7,826.00 $13,956.00 $13,306.00 $4,998.00 $4,748.00 $8,874.00 $10,768.00 $8,082.00 $6,954.00 $6,954.00 $6,004.00 $8,082.00 $100,552.00 Chili at the Beach $25,000.00 $25,000.00 Surf City Days $12,000.00 $12,000.00 Halloween $5,000.00 $5,000.00 Magic on Main Street $5,000.00 $5,000.00 Holiday Beautification $10,000.00 $10,000.00 $20,000.00 MONTHLY TOTALS $69,742.00 $89,815.00 $72,865.00 $65,172.50 $54,447.50 $67,599.00 $64,479.00 $73,302.00 $101,229.00 $81,771.00 $76,828.00 $93,090.00 $910,340.00 VARIANCE: INCOME VS EXPENSE 2023-2024 Budget 215 31 THE ANNUAL ASSESSMENT PROCESs Proposed changes in the boundaries of the parking and business improvement areas or in any of the benefit zones within the area in FY 2023-2024 (no proposed changes) Improvements and activities to be provided for FY 2023-2024 (page 20) The estimate of the cost of providing the improvements and the activities for FY 2023-2024 (page 20) Method and basis of levying the assessment for FY 2023-2024 (page 5 & 6, under BID Member Overview and Assessment Chart) Amount of any surplus or deficit revenues to be carried over from previous year (page 29) Amount of additional contributions to be made from sources other than assessments (page 30, under Budget) Presentation of the FY 2023-2024 Annual Report and proposed budget and action by Council on a Resolution of Intention to levy assessments Publish Resolution of Intention to Levy an Annual Assessment in a newspaper (at least 7 days prior to the public hearing) Public hearing on the annual assessment and to receive protests against levy of assessments and Council action confirming the levy of assessments The District's Advisory Board (HB Downtown) is required to prepare an annual report to be submitted to the Huntington Beach City Clerk. The annual report contains a proposed work plan, a detailed budget for the upcoming year, a summary of accomplishments, and the following information: The annual assessment process requires City actions, including two City Council meetings, where the City Council must adopt resolutions approving the assessment for the upcoming year. 1st City Council Meeting (Tuesday, September 5, 2023) Public Notice 2nd City Council Meeting (Tuesday, October 3, 2023) At or before the public hearing, all members of the District and public are welcome to protest the annual assessment. Each protest vote is weighted based on the amount of the assessment paid by the business. If the City receives written protests totaling 50% or more of the total assessment, the assessment will not be levied for that year. Even if there is not an assessment for a particular year, the Downtown BID remains, and the annual process to levy the assessment will start over in the next year. 216 • • • • • • • • • 32 PUBLIC HEARING PROCESS made orally or in writing made at the public hearing; however, in order to count in calculating whether businesses paying 50% or more of the proposed assessments are against the assessment, a protest must be in writing and received before the public hearing mailed to the City Clerk of the City of Huntington Beach at 2000 Main Street, Huntington Beach, California 92648 emailed to steven.aguilar@surfcity-hb.org (Assistant City Clerk) with the subject line: Downtown BID Assessment Protest submitted to the City Clerk before the public hearing How can I provide Public Hearing Comments For or Against the Assessment? At the annual public hearing, all members of the District and the public are welcome to speak to the City Council regarding the annual assessment. A protest against the levy assessment may be: Each written protest must be received by the City Clerk no later than the public hearing. Written protest against the benefit assessments to be levied may be: Each written protest must be filed by an owner of a business located within the District and signed by the person shown on the official records of the City as being the owner or designated agent of that business. For purposes of District protests, the “official records” of the City are the City business license database. If the person signing the protest is not shown on the official records of the City of Huntington Beach as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the “designated agent” for the corporation or entity. A written protest may be withdrawn from record at any time before the conclusion of the public hearing. If there are a large number of written protests submitted on a timely basis, the City Council has the option to close the public hearing and then continue the matter to its next regularly scheduled meeting to allow for a thorough counting of the submitted written protests. If written protests have been timely submitted by the owners of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, then no further proceedings to levy the assessments shall occur for the FY 2023-2024 year and any new proceedings to levy assessments shall not be undertaken again for a period of at least one (1) year from the date of the finding of the 50% or more written protest by the City Council. If the 50% or more written protest is only as to an improvement or activity proposed in the annual report, then that type of improvement or activity shall not be included in the upcoming year. 217 • • • • • 218 DISTRICT BOUNDARY MAP FY 2023-2024 219 Huntington Beach Downtown Business Improvement District Boundaries and Benefit Zones I & 2 Franktort Ave Elmirn Aveiii '~ ~ DPetrolt Ave~ vl 0 ~ Baltfmore Ave ll ;; Mannu-.g Pa,k C J Bay Dr l t " Atlanta Ave ,ttlue Fin ~ '-' Mera,,-ilid Shell Cir Beac,icomber Dr .5 c: '1-laterfalt Cir .IJ J ~ ~ seawall c1,. o E "".., A Ln B ln ;;; "' M'arnm3$l Or Southwi nd Cir ..c C..SI ;; OSI E St F St Hunnng n r,1~ Biach Moonmist C;,- 39 BUSINESSES TO BE ASSESSED FY 2023-2024 1 LOOK VINTAGE 221 N MAIN STREET BEACH PROPERTIES LLC 25 DEGREES 2ND FLOOR FAD 602 COFFEE HOUSE 7-ELEVEN STORE #2172-34653A A & S ACCOUNTING SOLUTIONS INC ALCHEMY WELLNESS AMAZONIA BOWL AMBIT CONSULTING LLC AMERICAN VINTAGE ANDE'S PERUVIAN ARTS AND CRAFTS (CT) ANDE'S PERUVIAN ARTS AND CRAFTS (CT) ARIA HOOKAH LOUNGE ARMIJO ANTHONY (CT) ATM GLOBAL INCORPORATED AUTOMATED CASH MANAGEMENT SYSTEMS (ACMS) AVILA'S EL RANCHITO H B B J'S RESTAURANT & BREWHOUSE ATTN: DIANNE SCOTT B L K EARTH SEA SPIRITS BANZAI BOWLS BARE BUNNY AESTHETICS BASKIN ROBBINS #362100 BE GOOD RESTAURANT & EXPERIENCE BEACH ISLAND BEACH WAVES BEAUTIFIED BY BEEZ BEAUTY BOX BEAUTY BUNGALOWS BY PORCELAIN BLUE CHAIR ACCOUNTING BOBASAUR BOGGELN & COMPANY CPA BOMBURGER BREWSTER'S ICE C B INVESTMENTS INC 220 CA ACCESSORIES LLC CA ACCESSORIES LLC CA ACCESSORIES LLC CALI SHORE STORE CALIFORNIA CLOTHING CAPITAL INVESTMENT NETWORK INC CELLORION (CT) CENTER FOR ORAL HEALTH CHARLIE'S GYROS CHICKEN IN A BARREL BBQ COACH'S MEDITERRANEAN GRILL COASTAL SKIN REVIVE COASTLINE REAL ESTATE INVESTMENTS LLC COLDSTONE CREAMERY COMPASS CONTINENTAL 1 HOUR CLEANERS CORREA & ASSOCIATES CRABBY'S BOAT HOUSE CROWN BEAUTY ATELIER CRUISERS PIZZA BAR GRILL CUCINA ALESSA HB CVS/PHARMACY #819 DAIRY QUEEN DARE ME BIKINI DASH OF SASS DEL MAR GLAM DENTAL URGENT CARE DIANE'S BIKINIS DING DR SURFBOARD AND BIKE RENTALS DIRTY DOG WASH DUKE'S DWIGHT'S BEACH CONCESSION EL DON LIQUOR EUROPA NAIL STUDIO EV RIDEABLES LLC EXCELL LUXE LAB F H A REVIEW F45 TRAINING HUNTINGTON BEACH DOWNTOWN FIRST BANK FOUR SONS BREWING FRED'S MEXICAN CAFE 221 FREIGHTSAVER.COM GALITZEN PROPERTIES GOOD VIBES GRATER GRILLED CHEESE GRUPO GALLEGOS H M R ARCHITECTS HAMLIN GOODING HANDEL'S HUNTINGTON BEACH HAVENMD HB MAIL BOX INC HEADLINER HORN HOLISTIC HEALTH HOT SPOT PIZZA HOWARD FISCHER DVM A PRO CORP HQ GASTROPUB HUMMUS BEAN GRILL HUNTINGTON BEACH BEER COMPANY HUNTINGTON BEACH EASY RIDER, DANK CLOTHING HUNTINGTON BEACH REALTY HUNTINGTON SURF & SPORT HUNTINGTON SURF AND SPORT HUNTINGTON SURF INN HURRICANES BAR & GRILL I H O P ICECREAMTON - SOFTY ICECREAM & HANDCRAFTED CHURROS IMAGINCY INDARRA MODERN INDIAN CUISINE INIS THE ENERGY OF THE SEA INKEDIN TOOLS LLC INNOCEAN WORLDWIDE AMERICAS INNOCEAN WORLDWIDE AMERICAS LLC INRETROSPECT INVESTMENT BUILDERS LLC IPA 1031 GROUP LLC J & J COASTAL LENDING JACK'S BEACH CONCESSION JACKS SURF & SPORT JACK'S SURFBOARDS JAN'S HEALTH BAR JAX BICYCLE CENTER 222 JAY BIRD'S JOLYN JPG Inc. dba Oak Leaf Productions KELSEY SHAYE HAIR LLC KILLARNEY'S KITE CONNECTION C/O DAVE SHENKMAN KOKOMOS SURF SIDE KRISTINA B SALON KUO JESSICA LA MOME SPA LEATHER AND LACE O C LeDONNE AESTHETICS LOCAL MOTION INC LONGBOARD RESTAURANT & PUB LUCY'S TAILORING & ALTERATIONS LUNA UNITED M E HELME HOUSE FURNISHING CO MAHKIN THAI & SUSHI MAILBOX STATION MAILPIX INC MAIN SEA MAIN ST BARBERS MAIN ST LIQUOR MARKET MAIN STREET CLEANERS MAIN STREET DAY SPA MAIN STREET HAIR COMPANY MAIN STREET OPTICAL & BOUTIQUE MAIN STREET WINE COMPANY MAKIN WAVES SALON MANGIAMO GELATO MANGIAMO GELATO MERRILEE'S INC MILK AND HONEY HB MIN'S DYNASTY PERMANENT MAKEUP/MD MEDICAL SPA MODEL CITIZEN MODERN PARKING INC MONTGOMERY JEWELERS MOOD SWINGS NAILED IT NAIL BAR NEIRA DESIGNS & FIX-IT ETC 223 NO KA OI NORTH SHORE POKE CO OCEAN BLISS TAN AND SPA OCEANS IV HYDRATION ORANGE COUNTY BARBERS PARLOR PACIFIC COAST ARCHITECTS PACIFIC RIM TAX & ACCOUNTING PACIFIC SOTHEBY'S INTERNATIONAL REALTY PALADIN LEGAL DEFENDERS PARKING CONCEPTS INC PARLOUR E LEV EN PEDEGO H B PERQS NIGHTCLUB & SPORTSBAR PETE'S MEXICAN FOOD PHOTO HOUSE INC PIERSIDE COMMISSARY PORCELAIN HAIR STUDIO / PORCELAIN HAIR EXTENSIONS POSITIVE THOUGHT BRAND (CT4) PRISTINE MOTORSPORTS R M A INTERNATIONAL LANDSCAPE ARCHITECTURE & PLAN RAV LLC RAY'S RENTALS RED PERSIMMON NAILS & SPA RINV.IO RIO MEDIA INC RIP CURL SURF CENTER RIPCORD DIGITAL INC ROBERT KOURY PROPERTIES ROBINSON LEE ROCKIN FIG SURF SHOP ROCKY MOUNTAIN CHOCOLATE FACTORY SAIL PROPERTIES INC SAKAL SURFBOARDS SALON RETRO SALT HAIR LOUNGE SALT LIFE LLC SANCHO'S TACOS SANDBAR COCINA Y TEQUILA SANDY'S BEACH SHACK SCHELIN ULDRICKS & CO 224 SESSIONS WEST COAST DELI SHABU ON FIRE SHARKEEZ SHOREBREAK HOTEL SKINSENSE WELLNESS CLINIC SMILES CAFE SMKFLWR SMOKERZ LAND 3 SMOKE SHOP SOCK HARBOR SOUTHNORTE BEER CO SPEEDY CREDIT REPAIR INC STARBUCKS COFFEE COMPANY #575 STILL NOVEL SUGAR CABANA SUGAR SHACK CAFE SUITE INSPIRATION SUNGLASS HUT #F557 SUNWEST REALTY SUR COFFEE SURF CITY ALE HOUSE SURF CITY CHIROPRACTIC SURF CITY MARKET SURF CITY SEGWAY SURF CITY SKATES SURF CITY STORE SURFLINE SURGICAL REPUBLIC SUSHI ON FIRE T K BURGERS T R RANCH SERVICES LLC TERESITA'S MEXICAN RESTAURANT THAI WAVE THE BEAUTOX PLACE THE BLOW DOWN LLC THE CHEMISTRY LOUNGE SALON THE FUNNEL HOUSE THE HOUSE SALON THE IRISHMAN THE NEXT LEVEL THE RIA PIZZERIA 225 THE TRAINING SPOT TOP DOG BARKERY TRU BOWL SUPERFOOD BAR II TURN-KEY HOMES TWO HANDS CORN DOGS TZONE WAHOO'S FISH TACO WATERFRONT BEACH CABANA WAVELENGTHS RECOVERY LLC WEAVER CONSULTING GROUP LLC WESTLAND BUSINESS SERVICES INC WET DOG TAVERN WINDOW KING ZACKS PIER PLAZA ZACKS TOO ZEPHYR BARBERSHOP ZERO ZERO PIZZERIA ZIGGYS ON MAIN ZIMBABWE HB GIFTS & ACCESSORIES (CT) ZIMBABWE HB GIFTS & ACCESSORIES (CT) ZIMBABWE HB GIFTS & ACCESSORIES (CT) 226 ASSESSMENT FORMULA 227 Category Ben efit Zone 1 Benefit Zon e 2 Retail 1,000 sq. ft. or less $351 $200 1,001 -2,500 sq. ft . $702 $400 2,501 -4,999 sq . ft . $1,053 $600 5,000+ sq. ft. $1,404 $800 Restaurants 1,000 sq . ft . or less $351 $200 1,001 -2,500 sq . ft . $702 $400 2,501 -4,999 sq . ft. $1,053 $600 5,000+ sq . ft. $1 ,404 $900 Hotels 20 rooms or less $468 $400 21 -SO rooms $936 $800 51 rooms or more $1,404 $1,200 Services/ Office 1st Floor $281 $160 Basement, 2nd Floor or Higher 1,000 sq. ft. or less $120 $90 1,001 -2,500 sq . ft . $150 $120 2,501 -4,999 sq . ft. $300 $150 5,000+ sq . ft. $700 $350 Cart/ Kiosk $100 $80 Banks/ ATM $600 $400 Seasonal, 9 mos or less $500 $300 19 improvements & activities funded by assessments fy 2023-2024 228 20 improvements & activities (20% OF FY 2023-2024 ASSESSMENT FEES) DISTRICT MANAGEMENT $ 22,040 (15% OF FY 2023-2024 ASSESSMENT FEES) ENHANCED MAINTENANCE $ 16,530 (5% OF FY 2023-2024 ASSESSMENT FEES) CRM SOFTWARE (STAFF)$ 5,510 $ 110,200TOTAL ASSESSMENT FEES (30% OF FY 2023-2024 ASSESSMENT FEES) AMBASSADOR PROGRAM $ 33,060 (15% OF FY 2023-2024 ASSESSMENT FEES) HOLIDAY BEAUTIFICATION $ 16,530 (15% OF FY 2023-2024 ASSESSMENT FEES) MARKETING & EVENTS $ 16,530 The following are recommendations from the Advisory Board on the expenditure of revenues derived from the levy of assessments, estimated to total $110,200 for FY 2023-2024: Further information about the allocation of funds follows on Page 21 through Page 23. 229 21 ambassador program Regular Patrolling - The Ambassadors patrol the Downtown District, maintaining a visible presence and establishing rapport with individuals in the community. Observation & Reporting - The Ambassadors observe and report any potential safety concern, disturbances, or other incidents in the area. Collaboration with HBPD - The Ambassadors worked closely with the HBPD Downtown Detail to address safety-related matters effectively. Assistance & Guidance - The Ambassadors provide assistance and guidance to visitors, answering questions, provide directions and offer recommendations for local attractions and services. The primary purpose of the Ambassador program is to establish a positive rapport and visible presence among business owners, patrons, and visitors in the Downtown District during peak season, holidays and special events. The program’s overarching goal is to create an environment where all visitors can enjoy their time in HB Downtown. The Ambassador program, funded in part by HB Downtown, HBDBID Assessments and Visit Huntington Beach, has proven to be a valuable asset to the Downtown District. The Ambassadors have been actively involved in various activities, including: The Ambassadors’ commitment to safety, community engagement, and collaboration with HBPD has made a positive impact on the Downtown District. enhanced maintenance The Downtown District takes centerstage for b oth locals and visitors, especially during peak seasons and major events. To uphold the area's appearance, HB Downtown takes proactive measures to ensure a clean and welcoming destination. Additional trash pickup and extra porters are arranged during peak seasons and major events like the 4th of July, US Open of Surfing, and Pacific Airshow. It is important to provide a positive and memorable experience for all attendees, reinforcing the Downtown District's reputation as a vibrant and welcoming destination. 230 • • • • 22 district management holiday beautication The Downtown District was transformed during the holiday season with the addition of enchanting lighting and snowflakes above Main Street. The true star of the show was the decorated tree on the 2nd Block of Main Street, serving as the heart of the holiday magic and drawing the community and visitors together. For the first time, HB Downtown held the annual tree lighting event during Surf City Nights, which attracted a record crowd and set the stage for a joyous and unforgettable holiday season. Active and effective communication with HB Downtown Stakeholders through various communication and outreach initiatives, including newsletters and stakeholder meetings. Serving as a liaison for the City of Huntington Beach on programs and partnerships, including the Maintenance Contract and Ambassador Program. Oversight of the general administration of the HB Downtown office, including staff supervision. Development and execution of an integrated marketing strategy to enhance awareness of the Downtown District across a range of marketing channels. Management of various events that contribute to community engagement and activity within the Downtown District. Active involvement in the Huntington Beach community by serving on the board of the HB Chamber, Surfing Walk of Fame Executive Committee, and recently graduating from the Robert Mayer Leadership Academy Class of 2023. The Executive Director plays a pivotal role in managing the administration, finances, and day-to-day operations of the Downtown District, all under the guidance of the elected Board of Directors. The responsibilities include: 231 • • • • • • 23 marketing & events Marketing & Events have been instrumental in promoting and shaping the story of the Downtown District. Our strategic approach to marketing, which includes utilizing various communication channels and organizing community events, has allowed us to engage stakeholders effectively and establish a strong brand identity for HB Downtown. Assessment Fees are used for events (listed below), advertising and marketing programs, including website and email outreach. An Enhanced Website now serves as a comprehensive and user-friendly platform, showcasing unique offerings, events, and relevant information. Ongoing improvement of the website to ensure that it remains a dynamic and informative platform. Social Media is used to expand our reach and connect with a broader audience by establishing a strong social media presence with two active accounts: @hbdowntownusa and @hbdowntowneventsusa. Through engaging content and timely updates, there is a sense of community among our online followers, HB Downtown Business to strengthened our brand presence. Community Events such as the HB4TH of July Block Party, Surf City Spooktacular, and Magic on Main Street have become highly anticipated annual gatherings. These events have not only increased exposure but have also created memorable experiences, engaged our community, and enhanced the HB Downtown brand. crm program Data centralization, encompassing contact information, communication history, and other pertinent details. This comprehensive view of customer data guarantees up-to-date information, enabling the organization to identify and address potential issues proactively before they escalate. Improved stakeholder relationships, facilitated by a central database that provides a better understanding of their needs and preferences, consequently enabling more personalized interactions. Efficient marketing campaigns, empowered by tailored marketing messages specifically targeted at distinct stakeholder groups, thus leading to heightened engagement. in FY 2022-2023, The Huntington Beach City Council has recommended that HBDBID adopt a Customer Relationship Management (CRM) program. A CRM serves as a tool for the organization's stability and longevity, benefiting all stakeholders. The benefits of implementing a CRM include: 232 • • • September 5, 2023 Approve the Huntington Beach Downtown Business Improvement District’s Annual Report and Proposed Budget for Fiscal Year (FY) 23-24, and Adopt Resolution No. 2023-37 declaring the City’s Intention to Levy an Annual Assessment for FY 23-24 at a public hearing scheduled for October 3, 2023. 233 .-...::::-__ _ - --------------.-= ------ ~ Background •HB Downtown Business Improvement District (District) established in 2004 in response to request from downtown merchants •Purpose to fund activities/improvements, above the City’s baseline, to benefit and support businesses within the defined boundary •Per CA Parking &Business Improvement Area Law of 1989, District’s Advisory Board must prepare an Annual Report & Budget for Council approval •Council must also approve the levy of the assessment for the upcoming fiscal year 234 The District •Comprised of approx. 255 businesses •Assessments range from $80 -$1,404 •Businesses are assessed based on size, location, and business type •Boundary has two benefit zones •Total assessments $115,000 ($110,200 projected to be collected) •City collects assessments annually with business license renewal •Council appoints an Advisory Board to recommend funding needs 235 •' ,. ,._f:i • .,,,", ~~"' "fs,.e 2 ,, H1111ti11gto11 Beacl, " 0, ' .. .. ~ .. •' 2 ~ I ~ .•. ~ .. Dow11tow11 Busi11ess Improvemelll District Bo1111daries a11d Be11ejit Zo11es 1 & 2 ;; f j1, ... F SI .'l Say Or I ~ 8 ArTou Ave 0 s, ShellC" Bucheombee Dr HB Downtown •In 2008, City Council appointed HB Downtown as the District’s Advisory Board •Private, 501(c)(6) business-based non- profit corporation formed by businesses within the District •Distinction between “BID” •District (City Program) •HB Downtown (Non-Profit Organization) •Agreement between City and HB Downtown to manage the District’s funds and activities 236 RESOLUTION 0 . 2008-04 ARE OLU T! NQF · iECI Y OU ILOF THE CIT Y OF H HNGTON B • CH DE IGNA TING THE DOWN TO WN BU E S IMP ROVEMEN DI TRI T AS THE DOWNTO\\ r BID ADVISORY BOARD W:HEREAS, oa Se p1em ber 7 2004 Ci ty Council created the Dow ntown Bu sin ess Impro emimt Di ·t ric t ("Dow noown BID") pu r:.'ll anl to Californ ia tn:els & Highways Code Sec ti on 36500, et seq.; and Bt1 si11 essts loc.i ted in the geogra phic al boun daries of the Do ntown BTD forme d a 50 l (c)6 non-pro ti t corpo ration know n as the Huntington Beach Dow ntown Busine s Improvemen t Distrlc.1 to better pro mote the down town area of Huntington Beach ; and This non-profi t corporation repre ents the co ll ective in terest of businesses in the geographic BID are.a to promote BID ~c.tiv ities , OW, THEREFO RE , the City Co unci l of the City of Huntingto n Be ach does here by resolve a, fo llo•ws : 1>011 the adop ti on of Ordinance No. 3797 , the Hunti ngto n Beac h Dow ntow n BID , shaU be lhe Dow11iown BID Adv iso ry Bo ard fo r the 2007-2008 BID budge t year. PASSED AND ADOP'I D by the Ciry Coui1c il of the ityofHunti ngton Beach at a regu la r mee ti ng thereof hel d on the ~ day of Februa ry , 20__.Q!_. l)JJ;A,l; ~ M.ryor FY 23-24 Annual Report 237 liB DOWNTOWN BUSINESS IMPROVEMENT DISTRICT 2023 -2024 ANNUAL REPORT PREPARED BY JAI ME STRONC EX ECUTIVE DIRECTOR HB DOWNTOWN BUSINESS IMPROVEMENT DISTRICT EXECUT I VE COMMITTEE BOARD OF DIRECTORS STAFF President Br.:.tt Barnes Dukes Huntington Beach Vice President Sandra Schulz T'ay or Mode C1tt:en & Dash of Sass Treasurer ony Duran EV Rldables Secretary oe Kanoudl Main Street Eyewear Nate Berna Sandbar Cocina y equ1la Boo Bolen Huntington Beach Realty Darrick Hearn Sandys Beach Shae Ke ly Mil er Visit Huntington Beac Peter •pr Townend International Surfing Museum E,:ecutl\'e Director Jaime Strong Events & Social M,e.ctia Manager Kim Erin Justice Administrative Ass,uant Madeleine Cates FY 22-23 Highlights •Board of Directors’ Retreat Reinstate & Combine Marketing and Events Committee New Stakeholder Committee SWOT Analysis •Successful Weekly and Signature Events Expansion of Surf City Nights and est. of SCN Task Force •Filled Staffing Needs Events & Social Media Manager, Admin. Role •Stakeholder Outreach Newsletters, Critical Incident Response Training, Member Mixers •Refreshed Website Member Directory & Event Pages 11,000+ Social Media Followers 238 Lo ro R Bro GRAN 1D OPENING ~ ~ ) H PDAppr Dine I Sh Scan Ca lty alO FY 23-24 Activities •Maintenance operations and enhanced security/cleaning during special events, holidays, and peak-season •Continue to host weekly and signature events: Surf City Artisan Fair Surf City Nights Chili at the Beach HB4th Block Party Surf City Spooktacular Surf City Days and He’e Nalu Pier Festival Magic on Main Street •Holiday Beautification (lights, snowflakes, holiday tree) •Improve communication (CRM) and strengthen brand identity through advertising and marketing programs •Continue day-to-day operations (administration and finances) 239 Budget INCOME Surf City Artisan Fair $268,000 Surf City Nights $263,140 City of HB--Maintenance $198,000 BID Member Assessments $110,200 Ambassador Program (VHB)$36,000 Other Events $35,000 TOTAL INCOME $910,340 240 Assessment Breakdown INCOME Ambassadors Program (30%)$33,060 Executive Director (20%)$22,040 Enhanced Maintenance (15%)$16,530 Holiday Beautification (15%)$16,530 Marketing & Events (15%)$16,530 CRM Software Program & Staff (5%)$5,510 TOTAL EXPENSES $110,200 241 Annual Renewal •State law requires an annual protest hearing to receive and consider any protests against the assessment for FY 23-24 (scheduled for October 3, 2023) •Only protests by affected business owners can be considered •If protests received total 50% or more of the assessment value, no further proceedings to continue the District can be considered for one year •If lack of majority protest exists, Council can renew assessment for the upcoming year 242 •Approve the Annual Report and Proposed Budget for FY 23-24;and, •Adopt Resolution No. 2023-37 “Declaring the City’s Intention to Levy an Annual Assessment for FY 23-24 within the HB Downtown Business Improvement District”, which sets a public hearing for October 3, 2023 to consider continuation of the District; and, •Authorize the revenue appropriation of $3,200 and an expenditure appropriation of $3,200 for a net zero impact to the fund. Recommendation 243 Questions? 244 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-712 MEETING DATE:9/5/2023 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:Steve Holtz, Deputy Director of Community Development Subject: Approve Responses to the 2022-2023 Orange County Grand Jury Reports Related to Animal Welfare, School Safety, and Group Homes Statement of Issue: In June 2023, the Orange County Grand Jury released four reports entitled “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange,” “School Shootings: How Prepared are Orange County Public Schools,” “’Welcome to the Neighborhood’ Are Cities Responsibly Managing the Integration of Group Homes,” and “Historic Rain, Yet Drought Remains,” (Attachments 1, 3, 5, and 7). The City of Huntington Beach is required by California Penal Code Section 933.05 to respond to certain findings and recommendations in three of these reports. Draft letters (Attachments 2, 4, and 6) provide proposed responses for the City Council’s consideration. The California drought report does not require a response from the City, and staff recommends that the City Council approve not responding to this report. Financial Impact: There is no fiscal impact associated with this action. Recommended Action: A) Approve the City’s responses to findings and recommendations posed by the Orange County Grand Jury related to animal welfare, school shootings, and group homes; and B) Approve not responding to the Orange County Grand Jury report on the California drought; and C) Authorize the City Manager to submit the City’s responses to the Presiding Judge of the Superior Court. Alternative Action(s): Revise draft language in the City’s responses prior to submitting them to the Presiding Judge of the Superior Court. The City is required to submit responses to the findings and recommendations specified in three of the grand jury reports.Although not required, the City Council may direct staff toCity of Huntington Beach Printed on 8/31/2023Page 1 of 3 powered by Legistar™245 File #:23-712 MEETING DATE:9/5/2023 specified in three of the grand jury reports.Although not required, the City Council may direct staff to prepare a response to the California drought report. Analysis: Each year, a new Orange County Grand Jury is impaneled to investigate complaints about local governmental agencies within Orange County, to audit those agencies, and to publish the findings and recommendations resulting from its investigations. The grand jury also assists the District Attorney by hearing criminal cases for indictment. The Grand Jury is a judicial body empowered with investigative duties by the Superior Court of California and is composed of local citizens whose principal role is to be a “watchdog” over local government agencies, including special districts, to ensure that the County is being governed honestly and efficiently. For its 2022-2023 term, the Grand Jury investigated and issued reports on seven topics, three of which require responses from the City within 90 days of their release (Attachments 1, 3, and 5): ·Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange (report released 6/7/23) · “School Shootings: How Prepared are Orange County Schools” (report released 6/14/23) ·“Welcome to the Neighborhood” Are Cities Responsibly Managing the Integration of Group Homes (report released 6/12/23) Additionally, the Grand Jury issued a report entitled “Historic Rain, Yet Drought Remains” (Attachment 7) that requests but does not require a response from the City. Because this report does not require a response, staff recommends not responding. However, the City Council may request staff to prepare a response. If so directed, Grand Jury Reports permit an extension of time up to six months from the public release date if necessary for further analysis. Staff would request this extension and return for future City Council review and approval of that response. Staff has drafted responses to the three reports that require the City’s response in conjunction with the City Attorney (Attachments 2, 4, and 6). With City Council approval, staff will submit the responses to Presiding Judge of the Superior Court Maria Hernandez by the required deadline. Environmental Status: The requested action is an administrative activity of the City Council that would not result in direct or indirect physical environmental effects. As such, the requested action is not a project pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines and no further CEQA review is required. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Orange County Grand Jury Report: “Gimme Shelter and a Pound of Advice - The State of City of Huntington Beach Printed on 8/31/2023Page 2 of 3 powered by Legistar™246 File #:23-712 MEETING DATE:9/5/2023 Animal Welfare Overseen by the County of Orange” 2. Draft Response to “Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange” 3. Orange County Grand Jury Report: “School Shootings: How Prepared are Orange County Schools” 4. Draft Response to “School Shooting: How Prepared are Orange County Schools” 5. Orange County Grand Jury Report: “’Welcome to the Neighborhood’ Are Cities Responsibly Managing the Integration of Group Homes” 6. Draft Response to “’Welcome to the Neighborhood’ Are Cities Responsibly Managing the Integration of Group Homes” 7. Orange County Grand Jury Report: “Historic Rain, Yet Drought Remains” City of Huntington Beach Printed on 8/31/2023Page 3 of 3 powered by Legistar™247 . Gimme Shelter and a Pound of Advice The State of Animal Welfare Overseen by the County of Orange COUNTY OF ORANGE Grand Jury 2022-2023 248 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 2 OF 51 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 TABLE OF FIGURES AND TABLES ............................................................................... 3 SUMMARY ...................................................................................................................... 4 BACKGROUND .............................................................................................................. 5 REASON FOR STUDY ................................................................................................... 8 METHOD OF STUDY ...................................................................................................... 8 Interviews .................................................................................................................... 8 Surveys ........................................................................................................................ 9 Site Visits ..................................................................................................................... 9 Key Documents ........................................................................................................... 9 Documents Requested but Not Provided ................................................................... 10 INVESTIGATION AND ANALYSIS................................................................................ 10 Services and Facilities ............................................................................................... 10 Volunteer and Rescue Relations ............................................................................... 12 Human Resources ..................................................................................................... 13 Animal Care Attendants ............................................................................................. 14 Communication .......................................................................................................... 16 Policies and Procedures ............................................................................................ 16 COVID-19 .................................................................................................................. 17 Facilitating Adoption .................................................................................................. 18 Spay and Neuter Overview ........................................................................................ 19 Trap, Neuter and Return ............................................................................................ 20 Euthanasia Report ..................................................................................................... 22 Asilomar Reports ....................................................................................................... 22 Analysis of OCAC Data ............................................................................................. 23 Dog Euthanasia: ........................................................................................................ 25 Impediments to the Investigation ............................................................................... 27 CONCLUSION .............................................................................................................. 30 FINDINGS ..................................................................................................................... 31 Management: ............................................................................................................. 31 Animal Welfare .......................................................................................................... 31 Communication / Outreach ........................................................................................ 32 249 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 3 OF 51 Impediments to the Investigation ............................................................................... 32 RECOMMENDATIONS ................................................................................................. 33 Management: ............................................................................................................. 33 Welfare ...................................................................................................................... 33 Communication / Outreach ........................................................................................ 34 Impediments to the Investigation ............................................................................... 35 REQUIRED RESPONSES ............................................................................................ 36 Findings – 90-day Response Required ...................................................................... 37 Recommendations – 90-day Response Required ..................................................... 38 REQUESTED RESPONSEs ......................................................................................... 39 Findings – 90-Day Response Requested .................................................................. 39 Recommendations – 90-Day Response Requested .................................................. 39 REFERENCES .............................................................................................................. 40 APPENDIX 1 ................................................................................................................. 42 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter ...................................... 42 APPENDIX 2 ................................................................................................................. 43 Table 3 - Dog Behavioral Euthanasia Rates by Quarter ............................................ 43 APPENDIX 3 ................................................................................................................. 44 Orange County Grand Jury Animal Shelter Contract City Survey .............................. 44 APPENDIX 4 ................................................................................................................. 45 Orange County Grand Jury Independent City Shelter Survey ................................... 45 Appendix 5 .................................................................................................................... 46 OCAC 4th Quarter 2022 Asilomar Report ................................................................... 46 ABBREVIATIONS: ........................................................................................................ 47 GLOSSARY: ................................................................................................................. 48 DISCLAIMER ................................................................................................................ 51 TABLE OF FIGURES AND TABLES Figure 1 - Map of Orange County .................................................................................... 7 Figure 2 - Adult Cat Euthanasia Rates .......................................................................... 24 Figure 3 - Dog Euthanasia Rates (Behavioral) .............................................................. 26 250 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 4 OF 51 SUMMARY Orange County Animal Care has been a source of public concern since the 1990s, with no less than five previous Orange County Grand Jury reports detailing troubling conditions. The previous reports cited excessive euthanasia rates, poor leadership, inadequate numbers of animal care attendants, a lack of cooperation between staff departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper assessment of animals chosen for euthanasia, and low morale negatively impacting operation of the shelter. Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated petitions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry. The Grand Jury determined a renewed investigation was warranted. The investigation focused on three major areas of concern: the management of the shelter, the welfare of animals under shelter care, and the communication and engagement with the public and the animal rescue community. A particular concern of the Grand Jury was the shelter’s termination of its Trap, Neuter, and Return (TNR) program for community cats. In early 2020, the shelter decided to stop its TNR program. The Grand Jury’s investigation determined that termination of the TNR program had detrimental consequences for the welfare of the animals under the shelter’s care. The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public’s and the rescue community’s relations with shelter leadership. During the Grand Jury’s investigation, it was reported by the shelter’s senior management that the termination of the TNR program resulted from an opinion rendered by the County’s legal counsel. Understanding the reason leading to the decision to terminate the TNR program would be important for considering whether the program can and/or should be reinstated. Toward that end, the Grand Jury endeavored to obtain a copy of the opinion of the County’s legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors. While the Grand Jury recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand Jury’s request included its commitment to maintain the confidentiality of the opinion itself and its contents. Nevertheless, the request was declined, as was the Grand Jury’s alternative request that the County simply identify the legal authority reviewed in studying the issue. Members of shelter management indicated their understanding the TNR program was terminated due to the opinion that the program violates a state law. The law makes it a crime to willfully abandon an animal notwithstanding that the program was designed to 251 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 5 OF 51 return cats to their original location rather than releasing them to randomly selected sites. TNR programs are widespread throughout California, not to mention the nation as set forth in a report from the American Bar Association. The Grand Jury is unaware of any published court case determining that a bona fide TNR program is prohibited under the anti-abandonment statute. Given the important benefits to animals and the public provided by such programs, the Grand Jury believes it would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion. This report highlights analysis of data provided to the Grand Jury by the shelter indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years. The increase in dog behavioral euthanasia rates suggests that there is inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia. The increase in feline euthanasia rates appears to be correlated with elimination of the TNR program. This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too cumbersome, lengthy and lack consideration of how those practices impact animal welfare. Animal Care Attendant staffing at the shelter is inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly. This report discusses major deficiencies with each of the issues identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal welfare is paramount! Finally, this report comments on the difficulties the Grand Jury encountered during its investigation. Without explanation, the entirety of the Orange County County Counsel’s office determined itself to be conflicted with the Grand Jury’s inquiry into Orange County Animal Care. The investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel. BACKGROUND Orange County Animal Care (OCAC) began operations in 1941 and was responsible for rabies and tending to lost livestock. In 1950, the population of Orange County was roughly 216,000. By January 2022, the estimated population was 3.1 million people. OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana, Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services. The unincorporated areas of the county and the 14 252 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 6 OF 51 contract cities have a combined population of approximately 1.8 million residents, greater than half of the total population of Orange County. In March 2018, a new shelter was opened on a 10-acre site at a cost of $35 million. The shelter includes a two-story, approximately 30,000 square-foot main building, six stand- alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area. OCAC can shelter up to 600 animals and is the single largest municipal animal facility in the western United States serving residents in one location. OCAC has 137 authorized staff positions. Approximately 21 staff are animal care attendants who are represented by the Teamsters Union. All other staff are represented by the Orange County Employees Association. Labor relations and contract terms must be taken into consideration while operating the shelter. OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes. The relationship between shelter management, rescue groups, and volunteers has deteriorated in the last three years. The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons. The breakdown in communication, engagement, and trust between parties has negatively affected shelter operations. Most large municipal shelters are “kill” shelters, which are shelters where animals may be euthanized for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special cases, but generally do not euthanize animals. Large municipal shelters, owing to their size, capacity, public responsibility, operational mandates, and their positioning as “shelters of last resort,” euthanize animals as a matter of course. Animals are euthanized for a variety of reasons, such as: • they suffer from irredeemable disease or injury, • they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption. Many shelters have Trap, Neuter and Return (TNR) programs. In accordance with these programs, feral and community cats are captured from their outdoor environment, taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped. TNR programs serve to reduce colonies of feral and community cats in a humane manner and serve to manage and reduce this cat population. OCAC had a TNR program beginning in 2013 until early 2020 when it was discontinued. 253 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 7 OF 51 Figure 1 - Map of Orange County Cities Contracted with Orange County Animal Care The map above shows the cities and unincorporated areas currently contracted with OCAC. All city contracts are not alike in that OCAC may provide partial services for some cities and full services for others. 254 unincorporated area Ladera Ran ch Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 8 OF 51 REASON FOR STUDY In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC) shelter. Many of those complaints were the same complaints addressed in five previous Grand Jury reports, including: • the shelter’s unresponsiveness to community needs, • restricted public access to the shelter’s kennels, • restricted opportunities to walk through the kennels and engage with adoptable animals, and • concerns related to inadequate staffing and volunteer levels. Complainants also expressed concerns about animal surrenders, a perceived increase in homeless cats with less spay/neuter availability, and the shelter’s increased euthanasia rates. About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors. The petition addressed the same concerns as the complaints received by the Grand Jury and demanded change in the shelter’s appointment-only system and reinstatement of the shelter’s TNR program. The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501(c)(3) nonprofit corporation), and Cats In Need Of Human Care (another California 501(c)(3) nonprofit corporation) seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations. The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations. The Grand Jury focused on current practices at OCAC to determine how well the needs of the animals, staff, and public are being met. METHOD OF STUDY The Orange County Grand Jury’s objective is to provide an accurate portrayal of OCAC’s current operations, culture, inner workings, and challenges. The Grand Jury investigation relied on interviews, public and shelter documents, surveys, site visits, and news accounts about the shelter. The information supporting the facts, findings, and recommendations in this report is corroborated, validated, and verified through multiple sources. Interviews The interviews conducted by the Grand Jury focused on an in-depth review of OCAC management, staffing, operating structure, animal care procedures, communications, animal care statistics, operating plan, organization structure, morale, the volunteer 255 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 9 OF 51 program, relationship with rescue organizations, and complaints. Interviews included the following: • Management and staff from OCAC. • Current and former volunteers from OCAC. • Management from the OC Community Resources (OCCR) office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices. • Community complainants from Orange County Grand Jury Public Concern Letters. • Retained outside legal counsel. • Leaders of Orange County city-managed shelters. • Animal advocates. Surveys The Grand Jury solicited feedback from the shelter’s clients by surveying the 14 cities contracted with OCAC to provide animal care and control services. Questions in the survey were crafted to determine city satisfaction with the services provided and cost effectiveness, and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3) A second survey was directed to the five independent city-managed animal shelters in Orange County, soliciting information about their shelter operations, staffing, animal population, adoption procedures, and other challenges. (Appendix 4) Site Visits The Grand Jury conducted tours and site visits to the OCAC shelter: • One visit was a guided tour of the facility, during which the Grand Jury was provided behind-the-scenes access to observe conditions and observe shelter staff as they went about their daily routines. • A second visit was an anonymous visit by two members of the Grand Jury. The two members visited the shelter to experience, firsthand, guest services and the appointment process for adopting an animal. • A third visit was an unscheduled visit to observe kennel cleaning and to gather additional documents and records. The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center. Key Documents • Documents and information provided by OCAC: o Policy and Procedure Manual governing the Orange County Animal Shelter o Volunteer Program Manual 256 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 10 OF 51 o Total number of volunteers who have served by year since 2018 o Organization Charts o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix (2018-2022) o OCAC euthanasia records o OCAC Asilomar Reports • OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports • City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters • OCGJ Public Concern Letters • Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court Case No. 30-2022-01282419-CU-WM-CJC) • Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008, and 2014-2015 (2 reports in 2014-2015) • OCAC Performance Audit responses (February 4, 2016) • American Bar Association legal opinion 102B, Tort Trial and Insurance Practice Section report to House of Delegates - Resolution No. 29N, pages 1 and 2 • California Penal Code Section 597s • OCAC Strategic Plan Executive Summary (January 22, 2018) - Strategic Priority, pages 1 to 4 • Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters Documents Requested but Not Provided • Daily census of all animals plus breakdown of number of cats and dogs from 2018 through 2022 (not provided by OCAC since it reportedly is not tracked). • Complaints and Grievance log. • The Grand Jury attempted, without success, to obtain a copy of OC County Counsel’s opinion concerning the terminated TNR program. The Grand Jury’s request to the Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed in studying the issue. INVESTIGATION AND ANALYSIS Services and Facilities The Orange County Animal Care (OCAC) shelter is the largest municipal shelter in the western United States serving residents in one location. The nature, size, and scope of the shelter adds complexity and unique challenges to its operation. The shelter employs 137 staff engaged in a variety of functions including animal sheltering and care, animal control, reuniting lost pets with their owners, veterinary services, licensing, adoption, marketing, public relations, and administration. Supporting the varied needs of over 1.8 257 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 11 OF 51 million residents requires a substantial investment in facilities, infrastructure, personnel, organization, customer service, and public outreach. OCAC provides temporary shelter and medical care for “lost” owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for impounded dogs, cats, and exotic animals. OCAC also provides animal control services that include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals. OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and sometimes compelling reasons, including animals injured beyond redemptive medical care, behavior, species and breed, and age. The size and complexity of the shelter leads to numerous managerial and operational challenges. The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity. When capacity is exceeded, temporary capacity is created by moving cat cages into administrative areas such as the facility’s training and conference room. On the day the Grand Jury toured the shelter, there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average number of animals per day at the facility since OCAC only began keeping daily animal census records in December 2022. However, the Grand Jury was able to estimate average daily cat and dog count from the shelter’s Asilomar reports. Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs. Actual daily counts will vary from the average and counts vary with the seasons. The Grand Jury surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services. Shelter management expressed the need to balance services with the cost consciousness of their contract cities and the county budget, while also providing a level of service expected by the public. Shelter management expressed awareness that contract cities have alternative service options if the prices charged by OCAC for its service are beyond city expectations or budget. From 1995 through 2016, the California Department of Public Health (CDPH) collected and published data from California’s animal shelters. Currently, CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332, called the “Shelter Animal Collection Data Act,” was introduced by Assemblyman Alex Lee (D-San José) and coauthored by Assemblywoman Marie Waldron (R-Valley Center). Assembly Bill 332, if adopted, would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates. The bill would further require CDPH to collect and publish animal shelter intake and outcome data, including adoption, redemption, euthanasia, and other categories. 258 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 12 OF 51 Volunteer and Rescue Relations Most animal shelters rely on a host of shelter volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations (rescues) to help with the adoption process and fostering. OCAC is no exception. Shelter volunteers help by assisting shelter staff with animal care, socialization, and enrichment; community outreach and events; conducting tours; greeting shelter visitors; and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers. The volunteer program is vital. Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding. These organizations benefit animals by facilitating adoptions or placing them in foster homes with enriched social environments greater than the shelter can reasonably provide. The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to OCAC’s success and the welfare of animals under its care. OCAC has been challenged by both inadequate staffing and strained collaboration between the shelter, volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis, when the volunteer program was shut down in response to County health mandates. Other challenges are due to some rescue organizations’ responses to changes in shelter organization, operation, and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19. The shelter’s volunteer program was not restarted until late 2022, although state COVID- 19 restrictions were lifted June 15, 2021. Unfortunately, restarting the program required more than calling all volunteers back from COVID-19 isolation. Some former volunteers have not returned because they have moved on with their lives. Some volunteers have not returned because of their dissatisfaction with recent changes in organization, operation, and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program. Relationships between the shelter and some rescues remain strained. Leadership changes within the past three years, changes in circumstances at the shelter, and the shelter’s response to COVID-19 resulted in changes to shelter priorities and practices to which some rescues object. Some changes were precipitated by differences in priorities and concerns that came with the change in shelter leadership, some changes were in response to COVID-19 restrictions and concerns, and one change came as the result of the shelter’s response to a threat of litigation by a lone animal activist from outside Orange County challenging the shelter’s TNR program. Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter’s care. 259 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 13 OF 51 To operate at its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC. During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority. OCAC will benefit if it has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them. Human Resources The OCAC shelter is a 24/7 facility that requires adequate staffing during all hours to meet the highest standards of animal welfare. Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years, two executive directors have been hired with interim leadership having to be provided on two separate occasions. The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought onboard in May 2022. Between September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian and services were provided by one contract veterinarian. OCAC is under the direction of OC Community Resources (OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services (OCHRS). OCHRS provides separate, targeted human resource support for OCAC’s recruitment, labor relations, and employee relations needs. Personnel turnover in critical job categories, such as kennel attendants, can add huge pressure to the remaining staff. Vacancies in critical positions strain shelter operations and impact animal welfare. There are currently 21 allocated Animal Care Attendant positions out of the 136 shelter staff positions. The 21 animal care attendants are assigned to fill the shelter’s attendant needs over the 7-day shelter week. There is reason for concern and urgency when even one Animal Care Attendant position goes unfilled. County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time, even while they are still within their probationary period. The ease and fluidity of transitioning adds to the shelter’s understaffing and staffing volatility. Staff vacancies, which have been as high as 23%, negatively impact shelter operations and have taken as long as six months or longer to fill. Delays in filling staff positions disrupt shelter operations. Delays have resulted in qualified candidates declining job offers because they have accepted other positions. Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter’s animals. While OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions. 260 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 14 OF 51 As a unionized organization, limitations exist which impact the assignment of human resources within the shelter’s organization and daily operations. Staff are siloed into operational categories and job functions, which limits managerial flexibility in their ability to respond to special operational needs. An inflexibility in management’s ability to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational inflexibility has resulted in instances of inefficient allocation of shelter human resources. Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees. Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers. Animal Care Attendants Animal care attendants at OCAC provide the direct, daily care of the animals. They attend to several areas of responsibilities: • Intaking animals brought to the shelter by the public or impounded by animal control or the cities, entering information about the animal into the shelter’s data base, and taking pictures of the animals. • Feeding and watering of all the shelter’s animals – domestic, exotic, and wild. • Cleaning and disinfecting kennels, cages, corrals, and equipment and maintaining the general cleanliness of the shelter’s kennel facilities. • Monitoring, documenting, and reporting on the health and well-being of sick, exotic, and quarantined animals; reporting any abnormalities or changes in condition to veterinary staff. • Assisting with animal adoptions, including providing counseling on breed characteristics, matching and introducing the appropriate animal to the potential adopter, and instructing adopters in basic animal care. • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention, adoption procedures, basic animal care, and behavior. Animal Care Attendants may be assigned into any one of three areas of responsibility: Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants assigned to it; they may receive 30 to 60 animals per day. The Cat Team is responsible for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their duties include cleaning and feeding, enrichment, adoption and the other activities discussed above. The Dog Team is responsible for the kennel areas housing dogs. Their duties include cleaning and feeding, enrichment, adoption and the other activities noted above. In 2016, OCAC brought in professional consultants to provide recommendations for a 2018 Strategic Plan. One of the consultant’s recommendations was for the shelter to increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not implement that recommendation. Additionally, the consultant recommended the shelter follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care in Animal Shelters. Those practices include National Animal Control Association (NACA) 261 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 15 OF 51 guidelines and the Humane Society of the United States (HSUS) guidelines (which is the current standard). The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet industry standards for level of care. NACA and HSUS recommend a minimum of 15 minutes of care per day per animal for feeding and cleaning each animal housed in the shelter; 9 minutes for cleaning and 6 minutes for feeding and watering. There are currently 21 Animal Care Attendant positions allocated at the shelter. Three positions were vacant as of May 1, 2023. A normal Animal Care Attendant daily shift at the shelter is 10 hours, of which the attendants are expected to spend half their time cleaning, feeding, and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday. Animal Care Attendants spend about 4½ hours cleaning and feeding the animals each day. The Grand Jury evaluated the Animal Care Attendant’s workload during the four-month period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants cared for 48 animals per shift on average and in some cases up to 90 animals per shift. Conservatively, Animal Care Attendants at the shelter spend less than 6 minutes on average per animal attending to cleaning and feeding, which is much less than the 15 minutes recommended by the NACA and HSUS guidelines. Of note, the four-month period reviewed by the Grand Jury is not the shelter’s busy season. During kitten season, the cats and kittens alone can number up to 500 to 600 cats and kittens per day. The Grand Jury could not evaluate daily census records prior to December 4, 2022 because OCAC did not keep daily animal census records prior to that date. There are still other needs the animals have, such as time for animal enrichment which is required daily. The other half of the Animal Attendant’s shift is devoted to picking up animals from intake, showing animals for potential adoptions, walking dogs, stocking supplies, washing dishes or other non-direct animal care tasks. ASV Guidelines stress enrichment should be given the same significance as feeding, watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive daily social interaction with humans is essential for both dogs and cats. Animals need daily walking, playing, grooming, petting, etc. OCAC’s 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their needs. The Grand Jury found that other shelters in Orange County walk their dogs several times per day and provide numerous opportunities for enrichment. At the OCAC shelter, dogs are not always walked daily. Instead, animal care attendants only walk dogs every other day, as time permits. The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations. This puts pressure on management to operate the shelter efficiently. Other animal care facilities report 50% of 262 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 16 OF 51 their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct care. The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals. Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter’s primary charge. The current allocation of Animal Care Attendant positions is insufficient. Communication The shelter’s organizational challenges are numerous; many challenges are systemic, but some are self-inflicted. With many constituents, such as shelter staff, volunteers, rescue organizations, and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences. Collaboration and communication within the shelter are lacking. Departments within the shelter are siloed. Staff within departments focus solely on their duties and responsibilities and are not encouraged to think of their efforts as being part of a “Big Picture.” Morale is reported to be low. Workplace rules and position classifications tend to discourage a collaborative mindset. In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC. The OC Auditor noted that, among other things, the shelter was not holding regular “all-hands” staff meetings. The Auditor recommended that the shelter hold meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation. The response from OCAC to this Grand Jury report was that all-hands meetings were implemented. However, all-hands meetings currently do not occur at any regularly scheduled interval. Although shelter staff have a general sense of shelter operations and functions, the shelter is a siloed work environment. Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by shelter leadership and for management to communicate a consistent message. Shelter volunteers are limited to a program that effectively segregates them from shelter staff and management. Volunteers have little to no voice or effective input into the shelter’s decision hierarchy. Policies and Procedures The Grand Jury found that the shelter’s Policies and Procedures manual does not undergo regular internal review. There are policies and procedures in the manual that do not reflect current shelter practices. Additionally, there are important shelter practices and functions that are not addressed or are inadequately documented within the manual. There are some policies and procedures in the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. It is evident some policies and procedures in the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical. Individual policies and procedures documented in the manual are annotated with the date they became effective and, when applicable, revised. However, there is nothing to 263 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 17 OF 51 indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate, and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mid-2000s. There is no indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom, or when. Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in inconsistent operating protocols and practices. More importantly, when new staff are hired, training becomes “on the job training” and subject to inconsistency. With the high level of turnover at the shelter, it is all the more important to ensure policies and procedures are up to date. COVID-19 The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put into place. The shelter was effectively closed to the public. Emergency protocols and practices were put into place to ensure the safety of the public and OCAC staff. Leadership had to manage a 24-hour shelter, with many members of the staff required to work on site. Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe. Within the limits of the shelter’s staffing allocation, management created a Team A/Team B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled. Extraordinary sanitation protocols were put into place. Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the occasion, working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time. Unfortunately, the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted. The volunteer program was slow to be restarted. Shelter management could and should have anticipated the end of COVID- 19 restrictions and worked toward reinstating the shelter’s volunteer program much earlier than late 2022. 264 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 18 OF 51 Facilitating Adoption During COVID-19, most animal shelters, including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits. Prior to COVID-19, the adoption process at the shelter was relatively open. The public was at liberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee. Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond. The experience was unconstrained, spontaneous, instinctive, and natural. OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adoptability. During COVID-19, public adoptions were carried out by appointment only and computer facilitated. The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelter’s website from photographs and biographical information about the animals. A one-on-one meet-up with the animal(s) followed. People without computer access could use the shelter’s computer kiosk to select an animal, but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter. Currently, the adoption process is less restrictive than during COVID-19 but remains more restrictive than pre-COVID-19. The current appointment system is restrictive and 265 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 19 OF 51 does not provide prospective adopters viewing access to all available adoptable animals. The shelter has opened to limited walk-ins on a stand-by basis when there are openings in the appointment schedule and when staff are available to assist. All potential adopters, appointments, and walk-ins are still required to use the shelter’s website to pre-select potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all visitors. OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access. The shelter experienced a marked drop in bites coincidental with the closure of the facility to the public when COVID-19 restrictions were implemented: • 2019 – 23 bites • 2020 – 7 bites • 2021 – 3 bites • 2022 – 2 bites (as of December 23) However, not all dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important, however, dogs representing bite risks can be segregated, and supervised viewing is a viable option. Shelter leadership said that public viewing within the kennels stresses the animals and that restricting access keeps the animals calm. However, to address that concern, dogs prone to excitability and stress can be secluded, and supervised viewing is an option. Spay and Neuter Overview As mentioned earlier, the population of Orange County in 1950 was about 216,000. Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000. With the population increase comes an increase in the number of dogs, cats, and other pets. Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. In most cases, members of the public either bring lost animals to the shelter to be reunited with their owners or bring their own animals to be adopted to new homes. Few people bring animals to the shelter to be euthanized. One reason OCAC has so many animals and a high incidence of euthanasia is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner’s ability to care for the offspring. Uncontrolled reproduction is a factor in the high population of dogs and especially cats. According to a 2011 report by the North Shore Animal League of America, each day over 70,000 puppies and kittens are born in the United States, and because of overpopulation, more than 3.7 million animals are still being euthanized each year across the country. The absence of TNR at the shelter has seriously increased the rate of euthanasia of cats, especially kittens, who are not old enough or healthy enough to adopt. 266 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 20 OF 51 Many communities incentivize sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process. Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs. Trap, Neuter and Return OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations. TNR is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020, the Orange County Animal Shelter had an active Trap, Neuter, and Return program. 267 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 21 OF 51 OCAC’s TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together to make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure, vaccinated the animals, and treated them for injuries or disease. When the animals were healthy, fit, and ready for return to their outdoor home, the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped. OCAC only provided TNR related services within its shelter facility and did not participate in locating, trapping, or returning the animals to the location from where they were trapped. However, OCAC played an integral role in the TNR process. When OCAC’s participation in the TNR program ended, TNR within the county effectively ceased. OCAC’s TNR program was popular among many local animal welfare groups and individuals and is a necessary element to the continuance of a viable TNR program throughout the county. The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the individual animal, and whether TNR is an environmentally sound practice. In Orange County at least, there apparently is also disagreement whether TNR programs violate a provision of the California Penal Code dealing with malicious mischief. 268 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 22 OF 51 California Penal Code Section 597s states: (a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. As best as the Grand Jury can determine, the validity of California Penal Code Section 597s or its interpretation or application has never been adjudicated in a reported California court decision. According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program, in which animals are returned to the same location where they were trapped, constitutes willful abandonment. In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end its participation in the TNR program. OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral in an opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel’s opinion, to no avail. The Grand Jury requested a copy of the opinion from OCAC, the County Counsel, the Orange County Board of Supervisors, and Orange County Public Resources. As of the publication of this report, the Grand Jury was not able to acquire a copy of County Counsel’s opinion. The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC’s TNR program was terminated in or about April 2020. Euthanasia Report OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that period. Of the euthanized animals, 5,123 were identified as either domestic cats or dogs. (Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals included other domestic and/or non-domesticated animals. OCAC’s records identify every euthanized animal’s date of euthanasia, estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks, lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test (rabies), disease, behavior, age, species (public safety), and owner request. Asilomar Reports In 2004, leaders representing national organizations and industry stakeholders gathered to find common ground in the animal welfare field. Together, they wrote the Asilomar Accords, which establishes common definitions and a standardized way of reporting shelter statistics. Asilomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes. The reports are aggregated into a national Shelter Animals Count National Database. 269 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 23 OF 51 OCAC compiles records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC’s data includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia. Analysis of OCAC Data The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put into place about the same time the TNR program was terminated. Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat euthanasia outcomes from the 3rd quarter of 2018 through the end of 2022. TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats are not included in the review because the shelter’s juvenile cat population varies widely with the season and, moreover, juveniles are not candidates for TNR. 270 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 24 OF 51 Figure 2 - Adult Cat Euthanasia Rates Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning of COVID-19 restrictions. The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (pre-TNR termination and COVID-19 restrictions) was 20.9%. The average adult cat euthanasia rate in the period from the 2nd quarter of 2020 through the end of 2022 (post-TNR and COVID-19) was 28.8%. The increase in the rate of adult cat euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is statistically significant. (See Appendix 1) To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat Comparing adult cat euthanasia rates pre-TNR and post-TNR … the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. 271 60% 50% 40% 30% 20% 10% 0% Adult Cats Euthanized vs. Adult Cats TNR as a % of Total As ilomar Outcomes* TNR program terminated and Calif. Covid Restrictions Begin Average = 20.9% I I I I I I I I ~' , ..... .... '•---•---•- Calif. Covid Restrictions End Average= 28.8% • Adult cats euthanized as a% Asilomar outcomes net ofTNR outcomes. Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2018 2019 2020 2021 2022 --Adult Cats Euthanized _,._ TNR Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 25 OF 51 euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program (Q3 2021 – Q4 2022) was 25.4%. The increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID- 19 restrictions were lifted is 21% over the pre-TNR termination/pre-COVID-19 restrictions rate. Again, the increase is statistically significant. Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre- and post-COVID- 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. Dog Euthanasia: OCAC euthanizes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age, and behavior. When OCAC euthanizes a dog for medical reasons, the Chief Veterinarian or a staff veterinarian must approve the procedure. In the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee. OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress. The five members of the Behavior Evaluation Committee include staff members representing Field Operations, Animal Services Operations, the Community Outreach team, the Chief Veterinarian, and a representative from senior management. While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members. The Chief Veterinarian and the member from senior management serve only as advisory members. A majority of the three voting members of the committee must approve a behavioral euthanasia – that is, at least two of the three voting members must approve. OCAC’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior-evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members. The voting members are not required to directly observe a dog’s behavior, and in some cases have not made direct observation, but they do have access to video documentation of a dog’s behavior. Voting members come to their own conclusions based on their own understanding of dog behavior and rehabilitative potential. OCAC does not have a professional licensed, trained, or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Voting members of the Behavior Evaluation Committee are not required to certify or participate in animal behavior education programs. The Behavior Evaluation Committee meets once per week and participation of the voting member from any one of the three voting departments may be 272 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 26 OF 51 delegated to a lesser experienced staff member when the regular voting member is unavailable. The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time. The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by quarter. Juvenile dogs are included in the review because the shelter’s juvenile dog population is subject to behavioral euthanasia. The Grand Jury found that for the dogs euthanized for behavior during the period under review, 7.4% of the dogs were no more than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to determine why dogs less than one year in age would warrant behavioral euthanasia. Figure 3 - Dog Euthanasia Rates (Behavioral) Dog behavioral euthanasia rates increase at OC Animal Care between the second and third quarters in 2021 Figure 3 illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and third quarters of 2021. The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41% of all dog Asilomar outcomes, an increase of 187%. The increase is statistically significant. (See Appendix 2) 273 6% 5% 4% 3% 2% 1% 0% All Dogs Euthanized for Behavior as% of all All Dog ASILOMAR Outcomes Average= 1.19% Average= 3.41% 04 Q1 02 Q3 04 01 Q2 03 04 01 Q2 03 04 Q1 02 03 2018 2019 2020 2021 2022 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 27 OF 51 Impediments to the Investigation The Grand Jury’s function is to investigate the operation of the various officers, departments, and agencies of the local government. Article 1, Section 23 of the California Constitution states: “One or more grand juries shall be drawn and summoned at least once a year in each county.” Provisions of the California Penal Code define the scope and limitations of a grand jury’s authority: Penal Code Section 916: … Rules of procedure shall include guidelines for that grand jury to ensure that all findings included in its final reports are supported by documented evidence, including … official records, or interviews attended by no fewer than two grand jurors and that all problems identified in a final report are accompanied by suggested means for their resolution, including financial, when applicable. Penal Code Section 921: The grand jury is entitled to … the examination, without charge, of all public records within the county. Penal Code Section 925: The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county … The investigations may be conducted on some selective basis each year … Penal Code Section 925 (a): The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county counsel, or the Attorney General … As a department of Orange County government, the County Counsel’s office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, including the Grand Jury. At the start of a Grand Jury’s one-year term, County Counsel assigns an individual attorney within its office to serve as the Grand Jury’s primary attorney. Because the individual serving as the Grand Jury’s counsel is also assigned to other departments or agencies within Orange County government, there is the potential for the Grand Jury’s designated primary counsel to have a conflict of interest when the Grand Jury investigates a department or agency otherwise served by the primary attorney. To ensure continuity of legal service to the Grand Jury, the County Counsel’s office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted. The back-up attorney is selected so that at least the primary or 274 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 28 OF 51 back-up would not have a disabling conflict – that is, one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel’s office itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted. Early during its one-year term and early in its investigation, the Grand Jury learned that its primary counsel had a conflict of interest with its investigation of OCAC. The County Counsel’s office explained, and the Grand Jury understood, that the services of the County Counsel’s office would continue through the back-up attorney assigned for such circumstances. Initially, during the early stages of its OCAC investigation, the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel’s office. Later during its investigation of OCAC, the Grand Jury inquired into the shelter’s prior TNR program and the program’s termination in early 2020. The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County. The Grand Jury was informed that the County Counsel’s office, in response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter’s TNR program that evidently led to a direction to terminate the program. In the course of the Grand Jury’s investigation, including interviews with OCAC and OCCR staff and leadership, the County Counsel’s office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program. The Grand Jury understands County Counsel’s role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that it has no decision-making authority over any division of County governance, except regarding its own internal functions. While the Grand Jury was skeptical that the County Counsel’s office actually made, or had the authority to make, the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel’s opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program. The Grand Jury requested a copy of the opinion from interviewees who were privy to the document or its contents. In addition, the Grand Jury asked the County Counsel’s office for a copy of the opinion. In every instance, those requested told the Grand Jury the opinion is a privileged communication between the County Counsel’s office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for Grand Jury: Who was the decision maker? Answer: “The County Counsel.” 275 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 29 OF 51 a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. During the Grand Jury’s interviews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC’s leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision. The Grand Jury was determined to obtain documentation of the decision as it continued to press for a copy of the County Counsel’s opinion, The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury’s request for documentation was denied by OCAC with the reason that such communications were privileged. Coincidental to the Grand Jury’s efforts to obtain a copy of the County Counsel’s opinion, at the end of 2022, the County Counsel’s office detached itself altogether from all matters related to the Grand Jury’s investigation of OCAC. The County Counsel’s office informed the Superior Court and the Grand Jury that its entire office was “conflicted” with regard to the investigation into OCAC and would recuse itself from assisting the Grand Jury in its investigation into all matters related to OCAC. No back-up attorney was provided and all communications ceased. Of note, the Grand Jury’s investigation was not an investigation of the County Counsel’s office. Rather, the Grand Jury was investigating an Orange County agency, a client of the County Counsel, just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County Counsel’s office recused itself from the Grand Jury’s OCAC investigation, it did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional from any other of the ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel’s office, the Grand Jury suffered a setback in its investigation of OCAC. The pace of the investigation slowed as time and resources 276 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 30 OF 51 were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court. After losing approximately six weeks, the Grand Jury was able to engage alternative outside counsel in early February of 2023. As of the publication of this report, the Grand Jury was not able to confirm the logic, reasoning, or basis of the County Counsel’s opinion, or even whether in fact the County Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether, or who, or at what level of authority, within the County government the decision to end TNR emanated. As a consequence, the Grand Jury cannot verify that any such decision was ever actually made, or communicated at any level of authority, by anyone within Orange County’s governing hierarchy and, more importantly, why any such decision was made. The only fact the Grand Jury can confirm with any confidence is that the TNR program was terminated in or about early 2020. CONCLUSION OCAC has been a source of public concern since the 1990s, with five previous Orange County Grand Jury reports and an Orange County Performance Audit detailing troubling conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at the shelter still needing resolution. The Grand Jury believes that if the recommendations included in this report are implemented: • Internal and external communications at OCAC will improve. • The reallocation of staffing positions within the organization, increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer, will improve general animal welfare at the shelter. • Improvements in the timely filling of staff vacancies will enhance shelter operations and overall staff morale. • The adoption process will be more public-friendly, leading to more adoptions. • The behavioral euthanasia decision process will be standardized, articulated, and documented, leading to consistent behavioral euthanasia outcomes. • The shelter’s Policies and Procedures will be correct and up to date. • OCAC and Orange County rescue organizations and animal advocates can work toward mending their relations for the welfare of the animals. • The shelter’s TNR program will be re-evaluated, reconsidered and reinstated. • The shelter’s volunteers will be more integrated into the shelter’s personnel team and communications. The Grand Jury conducted many interviews with shelter personnel. The Grand Jury is very impressed with their sense of dedication and earnest concern for the welfare of shelter animals. 277 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 31 OF 51 FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled, “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows: Management: F1 Management has limited flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules, volunteer work restrictions, and employees working in departmental silos. F2 Low staff morale exists within Orange County Animal Care. F3 Orange County Animal Care staffing is negatively impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring processes. This delay in recruitment and completion of hiring has resulted in qualified candidates declining job offers. F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. F5 Orange County Animal Care’s operating policies and procedures manual is out of date. F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Animal Welfare F7 Orange County Animal Care’s Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. F8 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. 278 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 32 OF 51 F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter’s dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel’s legal opinion that the program violates a California statute related to willful animal abandonment. F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Communication / Outreach F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters’ access to all available animals. F14 Orange County Animal Care’s engagement with some animal rescue partners is negatively impacted due to differences of opinion in appropriate animal care policy. F15 Internal and community engagement does not adequately communicate the shelter’s mission and operating strategy. F16 The information currently on the Orange County Animal Care website for low- cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Impediments to the Investigation F17 The OC County Counsel’s office misstated to the Grand Jury the scope of its commitment to serving and assisting the Grand Jury in its investigations into County governance respecting managing conflicts between the Board of Supervisors, OC departments and agency clients, and the Grand Jury. 279 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 33 OF 51 RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange,” the 2022-2023 Grand Jury makes the following seventeen recommendations: Management: R1 By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3) R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4) R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care, feeding, and enrichment. (F3, F4) R5 By December 31, 2023, Orange County Animal Care management should review and update policies, procedures, guidelines, and practices to assure they are accurate and reflect current operating practices. (F5) R6 By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. (F1 thru F16) Welfare R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee. (F5, F7) 280 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 34 OF 51 R8 By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14) R9 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (F8, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel’s opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11) R11 By July 1, 2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12) Communication / Outreach R12 By October 1, 2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter. (F1, F2) R13 By October 1, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should conduct annual surveys of staff to monitor morale and identify opportunities for operational improvement. (F1, F2) R14 By December 31, 2023, Orange County Animal Care management should open the shelter to the public for walk throughs to maximize opportunities for the public to adopt animals under the care of the shelter. (F13) R15 By October 1, 2023, Orange County Animal Care management should look for new ways to be more inclusive and engaged with volunteers and the rescue organizations that are necessary for the shelter’s success. (F14, F15) R16 By October 1, 2023, Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15) R17 By October 1, 2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures. (F16) 281 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 35 OF 51 Impediments to the Investigation R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel’s office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17) 282 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 36 OF 51 REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those 283 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 37 OF 51 budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from: Findings – 90-day Response Required Orange County Board of Supervisors: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16, F17 City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fountain Valley: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Placentia: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Santa Ana: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 284 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 38 OF 51 Recommendations – 90-day Response Required Orange County Board of Supervisors: R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17, R18 City of Anaheim: R6 City of Brea: R6 City of Cypress: R6 City of Fountain Valley: R6 City of Fullerton: R6 City of Huntington Beach: R6 City of Lake Forest: R6 City of Orange: R6 City of Placentia: R6 City of San Juan Capistrano: R6 City of Santa Ana: R6 City of Tustin: R6 City of Villa Park: R6 City of Yorba Linda: R6 285 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 39 OF 51 REQUESTED RESPONSES Findings – 90-Day Response Requested Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16 OC Human Resources Services: F1, F2, F3, F4, F9 Orange County County Counsel: F10, F11, F17 Recommendations – 90-Day Response Requested Orange County Animal Care: R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17 OC Human Resources Services: R1, R2, R9, R13 Orange County County Counsel: R10, R18 286 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 40 OF 51 REFERENCES American Bar Association, Tort, Trial, and Insurance Practice Section. “Report to the House of Delegates Resolution 102B.” 2017.Accessed September 30, 2022. American-Bar- Association-TNVR-report.pdf (maddiesfund.org) American Society for the Prevention of Cruelty to Animals. “Asilomar Accords: Definitions.” 2004. Accessed January 28, .2023, Asilomar Accords: Definitions | ASPCA Association of Shelter Veterinarians “Shelter Terminology.” 2017. Accessed March 25, 2023, Microsoft Word - Shelter Terminology (sheltervet.org) City of Garden Grove. “Ordinance NO. 2911”. 2019. Accessed January 28, 2023. 11-26- 19_cc_Ordinance_Amending_Animal_and_Fire_Dept_Related_Regulations.pdf City of West Hollywood. “An Ordinance of the City of West Hollywood Establishing a Trap-Neuter-Return Program for Community Cats; Amending the Language of the Municipal Code to Reflect a Change in Nomenclature From "Feral Cats" to Community Cats"; Updating Section 9.48.080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA.” November 4, 2019. “California Population.” Accessed March 22, 2023. Orange County, California Population 2023 (worldpopulationreview.com) Human Animal Support Services. “Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023. Accessed March 25, 2023. Animal Shelter Speak: Understanding Common Animal Services Jargon - HASS (humananimalsupportservices.org) Newbury, Sandra et al. “Guidelines for Standards of Care in Animal Shelters. The Association of Shelter Veterinarians. 2010. shelter-standards-oct2011-wforward.pdf (sheltervet.org). North Shore Animal League. “Did you Know?” 2011. Accessed February 24, 2023 cats-multiply-pyramid.pdf (animalleague.org) Orange County Animal Care “Strategic Plan – 2018” accessed January 28, 2023. ocac_2018_strategic_plan.pdf (stayinalivelongbeach.org) Orange County. Office of Performance Audit. “Performance Audit of Orange County Animal Care.” Final Report (#141505). Orange County California, 2015. Microsoft Word - Animal Care Report (ocgov.com) Orange County Grand Jury 2014-2015. “If Animals Could Talk About the Orange County Animal Shelter.” 2015. Accessed January 28, 2023. Shelter_Performance_V8R2_web.pdf (ocgrandjury.org) Orange County Grand Jury 2014-2015. “The Orange County Animal Shelter: the Facility, the Function, the Future.” 2015. Accessed January 28, 2023. OC_animal_shelter.pdf (ocgrandjury.org). 287 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 41 OF 51 Orange County Grand Jury 2007-2008. “Is Orange County Going to the Dogs”. 2008. Accessed January 28, 2023. 2023, IS ORANGE COUNTY GOING TO THE DOGS (ocgrandjury.org) Orange County Grand Jury 2003-2004. “The Orange County Animal Shelter, Are Improvements Needed?” 2004. Accessed January 28, 2023. Microsoft Word - AnimalShelterReport draft 12a.doc (ocgrandjury.org). Orange County Grand Jury 1999-2000. “We Can do Better…Improving Animal Care in Orange County.” 2000. Accessed January 28, 2023. FINAL.PDF (ocgrandjury.org) 288 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 42 OF 51 APPENDIX 1 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter Adult Cats Euthanized as a % of Adult Cat Asilomar Outcomes net of TNR Outcomes Adult Cat TNR Outcomes as % of adult Cat Asilomar Outcomes 2018 Q3 23.17% 40% Q4 17.27% 36% 2019 Q1 17.42% 41% Q2 26.81% 49% Q3 24.95% 47% Q4 18.77% 31% 2020 Q1 18.08% 37% Q2 42.65% 5% Q3 41.67% 4% Q4 25.50% 1% 2021 Q1 27.50% 0% Q2 27.31% 0% Q3 25.86% 0% Q4 23.21% 0% 2022 Q1 21.93% 0% Q2 30.12% 0% Q3 24.73% 0% Q4 26.26% 0% Table 2 - Adult Cat Euthanasia Sample T-Test Adult Cats Euthanized as a % of Non-TNR Asilomar Outcomes Q3 2018 thru Q1 2020 vs. Q2 2020 thru Q4 2022 (TNR period vs. No TNR period) t-Test: Two-Sample Assuming Unequal Variances Q3 2018 to Q1 2020 Q2 2020 to End of Year 2022 Mean 20.9% 28.8% Variance 0.001571145 0.004841058 Observations 7 11 Hypothesized Mean Difference 0 df 16 t Stat -3.0532928 P(T<=t) one-tail 0.003793173 t Critical one-tail 1.745883676 289 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 43 OF 51 APPENDIX 2 Table 3 - Dog Behavioral Euthanasia Rates by Quarter All Dogs Euthanized for Behavior as % of all Adult Dog ASILOMAR Outcomes Dogs Euthanized for Behavior All Dog Asilomar Outcomes % Dogs Euthanized 2018 Q4 8 1356 0.59% 2019 Q1 21 1385 1.52% Q2 15 1384 1.08% Q3 15 1522 0.99% Q4 16 1312 1.22% 2020 Q1 13 1146 1.13% Q2 7 701 1.00% Q3 13 817 1.59% Q4 13 791 1.64% 2021 Q1 8 746 1.07% Q2 10 824 1.21% Q3 18 868 2.07% Q4 49 882 5.56% 2022 Q1 27 956 2.82% Q2 44 962 4.57% Q3 23 1143 2.01% Table 4 - Dog Behavioral Euthanasia Rates 2 Sample T-Test All Dogs Euthanized for Behavior as a % of All Dog ASILOMAR Outcomes Q4 2018 to Q2 2021 vs Q3 2021 to Q3 2022 t-Test: Two-Sample Assuming Unequal Variances Q4 2018 to Q2 2021 Q3 2021 to Q3 2022 Mean 1.19% 3.41% Variance 9.40995E-06 0.000251006 Observations 11 5 Hypothesized Mean Difference 0 df 4 t Stat -3.109244662 P(T<=t) one-tail 0.017949066 t Critical one-tail 2.131846786 290 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 44 OF 51 APPENDIX 3 Orange County Grand Jury Animal Shelter Contract City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? a. What factors motivated the city to contract with the Orange County Animal Shelter? 2. What Services have you contracted for the Orange County Animal Shelter? (i.e., Shelter; Animal Control, Licensing, other) 3. What Animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. b. Describe any review of the Orange County Animal Shelter and the services it provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city. d. Are Animal Shelter reviews presented to the city council for their consideration? 6. Does your City have an appointed member of city staff to serve as liaison between the city and OC Animal Shelter management? a. How frequently does your city meet with the OC Animal Shelter management? 7. As it relates to the sheltering and adoption services provided by the Orange County Animal Shelter(if any) describe your level of satisfaction or any concerns with the service and support. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. 10. How reasonable are the County fees for providing this service? 11. Have members of you community voiced any concern with Orange County Animal Shelter policies or practices. a. Please provide the Grand Jury with the any of the city’s complaint logs or records pertaining to the Orange County Animal Shelter. 12. Are there any improvements in the service OC Animal Shelter provides or in the City’s relationship with the Shelter you would like to see? 291 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 45 OF 51 APPENDIX 4 Orange County Grand Jury Independent City Shelter Survey 1. How is the shelter organized and management governance accomplished at your Center? 2. How many cats, dogs and other animals can you shelter? 3. What services do you provide your local community? 4. How many total staff and volunteers are working or engaged with the shelter? 5. How many volunteers do you require on a daily or weekly basis? a. Do you have adequate volunteers? 6. Do you promote spay/neuter services to the members of your community? a. If yes, is there a cost to the individual? 7. From your perspective what are the challenges faced by your Center? 8. Does your center practice TNR (Trap Neuter Return)? a. If no, was it ever in place and then discontinued - why? b. If yes, how effective is the program? 9. Does your center accept healthy cats and put them up for adoption? a. If yes, please describe the process. 10. What are the parameters that guide euthanasia at your shelter? 11. Do you have an animal behaviorist on staff? If no, why not? 12. Do you have any interaction with the Orange County Animal Shelter? a. If yes, please describe. b. If no, why? 13. How is adoption handled in your center? (Adoption by appointment system, open visits, other)? 14. Do your adoption totals include totals transferred to rescues or does it apply only to private parties? 15. Please provide statistics (attachment) for your center (intake, adopted, transferred to shelter, euthanized, etc. by animal type for the current and past 3 years). 16. How does your center respond to complaints from the community and animal activists? 17. If tracked, please provide statistics on complaints you received. 18. Please provide intake statistics (by Cats and Dogs) for the current and 3 past years: a. Strays b. Relinquished by owner c. Owner intended Euthanasia d. Other Intakes 19. Please provide live outcomes statistics (by Cats and Dogs) for the current and 3 past years: 20. Adoptions a. Return to Owner b. Transferred to another agency c. Returned to Field 21. Please provide other outcomes statistics (by Cats and Dogs) for the current and 3 past years: a. Died in Care b. Shelter Euthanasia 292 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 46 OF 51 APPENDIX 5 OCAC 4th Quarter 2022 Asilomar Report 293 Shelter Animals Count OC Anima l Care --8 -- National Shelter Statistics Project Data Matrix Octo ber -Uecember20:n A ll.EGU'\~L,G Sll[LTER COL-NT: 1010112022 B ~t ray/A t Lar ge C Rdi11qub,1u:<l L y Owm:..- 0 O·wn.er I n.tended Euth.1..11.2".~•"0 E Tra.n.sferred i.nfromAge .. n cy O t1Le .1'. Inl akes (Lu:ludes Con 11scales 1·esult.ing froin b ites o r cruelty investiga tion s and Disast er r elat e d F impo unds) :?.1~ 4b 777 109 28 6 135 22 125 10 31 lb7 835 <18 l, TOT AL LIVE INT AKE (B+C+D+E+r) 1,tx;7 lB 1,160 :,J9 691 1.l;j(J H ADJ\ ST[D T OTAi 11'\TAKf ((,-IJ) AdopHon Re turn ed to Own er I\ Tran sferre d to a.n o tJ-1.er Agen cy L R etu rned to FicJd (TNR P r ogram) !\1 SUBTOTAL: LIVE OUTCOMES (l+)+K+L) ~ D icd in Care O Lost in Care p Shelter Euthanasia Q Owner I ntend ed Euthanasia..,,•• R s SUBTOT AL, OTHER OUTCOMES (N , 0, P, Q ) I O JAI A -.;JJ 0 \1A l{O l lllJ\H S(M -t l') AIIAAAA .... _AiAAAIA 476 72 159 895 357 27 149 30 78 185 983 109 1.002 264 1,084 1.348 10 35 94 140 10 68 101 176 280 N-fWM►Wm-;w+MMN ►iW Mil ■ ■'PSI 2,007 209 174 1,602 394 442 2,440 51 2% 348 M 2 1--10 ~, 26 2i7 A<;JI 0\1AR 11 \ I R 1 1 l:.A\J RATl /PFR( f '\T,\<, I (l •l -tKd),~• 'i,\\'J, RAI .. /Pl R C l \;1Af,f \1/(\1 ,R )'" Elii&EIMIII-FFEF+AFHEM!if& ---------■lllrSt:tttW■filtZ "Live release rate was calcv.lated by dfriding the Live Ot:tcomes by the Totai A silomar Outcomes. Note that owner surrender f or euthanasia (owner intended e u thanru:ia) and died/lo~t in CllN' w.-re remov ed.from total1: p.-r the A~ilomar al'c-ord~formufo . ...,.Save rate mcludes a,umals surrender€d foreuth anas,a as well as am ma!s which were {ost or died m care. ,..v Proof of animal suffering impacting life quality or aggressive behaviors presenting a risk to public sa_fety are required by owners requesting this se,vice. oc Animal Care --e -- 1630 Victo~ Road, Tustin CA 92782 www.ocpeti nfo.com Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 47 OF 51 ABBREVIATIONS: ABA: American Bar Association ASPCA: The American Society for the Prevention of Cruelty to Animals ASV: Association of Shelter Veterinarians CDPH: California Department of Public Health HASS: Human Animal Support Services HSUS: Human Society of the United States OCAC: Orange County Animal Care OCCR: OC Community Resources OCGJ: Orange County Grand Jury OCHRS: OC Human Resource Services NACA: National Animal Control Association NGA: Non-government Organization TNR: Trap, Neuter, Return 294 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 48 OF 51 GLOSSARY: Adoption Barriers Policies or procedures that make adoption, fostering, or volunteering a challenge. Asilomar Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data into ‘Asilomar’ reports, publish their data, and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics. Behavior Dogs Dogs identified as having challenging behaviors. Capacity for Care Capacity for Care is an organization’s ability to appropriately care for the animals it serves. This is based on a range of parameters including, but not limited to, the number of appropriate housing units; staffing for programs or services; staff training; average length of stay; and the total number of reclaims, adoptions, transfers, returns, or other outcomes. Community Cat An unowned cat can be social with people or not. A “Community Cat” is an umbrella definition that includes any outdoor, free roaming cat. These cats may be “Feral” (un- socialized) or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat. Feral Cats Feral cats are not socialized to, and are extremely fearful of, contact with people. Typically, they do not respond well in captivity. A feral cat is typically born in the wild or outdoors with little to no human interaction. If you attempt to get too close or try to pet them, feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats. Kill / No Kill Kill / No Kill refers to a shelter’s policy respecting euthanasia. A no kill shelter will not conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters vary along a spectrum that reject the use of euthanasia as a primary means of population control and health management. A kill shelter will conduct euthanasia for a variety of reasons that include animal control, medical and population control, and 295 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 49 OF 51 behavior. Many municipal shelters are “kill” shelters as their mandates often include animal control. Kitten Season A busy time in the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months. Also referred to as cat breeding season. Typically kitten season is March-October but varies from place to place and in some areas is year-round. Legal Retention The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption, for sale, or euthanizing. Live Outcome Types Adoption: an animal is adopted Return-to-Owner: an animal is returned to the custody of their human/s. Transferred-Out: an animal is transferred to the custody of another organization. Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, including spay/neuter. Return to Field: putting an animal back where it was found, often as part of a TNR program. Live Release Rate (Asilomar Report) Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals. Live outcomes are usually achieved through adoption, reclaim by owner, transfer to another agency or other life‐saving actions Other Outcome Types Died in Care: any animal who died while in the custody of the shelter, not by euthanasia. Euthanized/Killed: any animal whose life was ended purposefully while in custody of the organization. Rescue Groups Rescue Groups are often operated by a network of foster home‐based volunteers that may or may not be associated with a standing facility. These organizations often accept difficult‐to‐adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting. 296 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 50 OF 51 Return to the Field An animal who has been returned to its home or habitat. Also referred to as relocate, return to community, or return to wild. Save Rate (Asilomar Report) Save Rate is the proportion of animals leaving the shelter alive to the total number of animal outcomes. Shelter Types Municipal: an organization that provides the animal care services of a city, county, or cities or counties. Municipal Contract: A private organization that provides contracted services for the animal care of a city, county, or cities or counties. Rescue without a Municipal Contract: a private organization that has no affiliation to the city or county animal services. Foster based Rescue without Shelter: an organization who houses all animals in its custody in foster homes. Sanctuary: An organization that offers animals a place to live out the remainder of their life. Sometimes sanctuaries offer the option of adoption placement. Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources, as an alternative to death. Stray Hold The number of days a shelter must hold a stray animal before determining the outcome, as determined by local ordinances. These vary from place to place. TNR (Trap‐Neuter‐Return) TNR (Trap‐Neuter‐Return) refers to an approach for managing community cats that is an alternative to shelter impoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the location from where they were trapped. TNR cats are often not taken into the custody of a spaying/neutering organization because they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community. Treatable Treatable means dogs and cats with medical or behavioral issues that can be rehabilitated and managed. 297 Gimme Shelter and a Pound of Advice ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 51 OF 51 Unhealthy and Untreatable Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become healthy or treatable; or 2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal’s health or is likely to adversely affect the animal’s health in the future, and are not likely to become healthy or treatable; or 3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community. DISCLAIMER Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 298 299 Michael E . Gates City Attorney CITY OF HUNTINGTON BEACH OFFICE of the CITY ATTORNEY P.O. Box 190 2000 Main Street H1111tingto11 Beach, California 92648 Telepho ne: (7 14) 536-5555 Facsimile: (714) 374-1 590 August29,2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive, West Santa Ana, Ca. 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice Honorable Presiding Judge Hernandez, Nallin S. Snit! Sr. Deputy City Allo rney Ryan E. Lumm Sr. Deputy City Allo rney Lauren L . Rose De puty City Allo rney C hnrlcs "C onnor" Hylnntl D<!puty City Allo mey S lcYCn F. l'omcror Community Prosecu to r The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with Penal Code § 533.05(b)(3), the City requires an extension of time totaling 60 days from the date of this letter to respond to the Grand Jury Report titled Gimme Shelter and a Pound of Advice, "The State of Animal Welfare Overseen by the County of Orange." The City provides the following explanation and timeframe of the analysis requiring the extension in time. Responses and Findings: F4: Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. 317925 300 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice August 29, 2023 Page2 F6: The Orange County Animal Care Volunteer program was stopped during COVID- 19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. F7: Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F8: The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days .. F9: Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. 301 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice August 29, 2023 Page 3 F10: While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F11: The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F12: There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F13: The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F15: Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. 302 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice August 29, 2023 Page 4 Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F16: The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments . The City will complete its analysis and provide a response within 60 days. R6: By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC . Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days .. Respectfully, Mic ael E. Gates Cy Attorney Cc: Al Zelinka, City Manager Honorable Tony Strickland, Mayor Eric Parra, Chief of Police 303 June 2, 2023 Tony Strickland, Mayor Cily of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Strickland: ORANGE COUNTY GRAND JURY 700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320 www.ocgrandjury.org • FAX 714/834-5555 CONf IOENTIAl Enclosed is a copy ofthe 2022-2023 Orange County Grand Jury report, Gimme Shcltc,· ond a Pound of Advice, "TIie State of A11l111a/ Welfare Oversee11 by the Cou11ty o/Ora11ge". Pursuant to Pe11a/ Code 933.05(1), a copy oftl1e report is being provided to you at least two working days prior to its public releose. Please note that under that subsection, "No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release o/thejlnal report." (Emphasis added.) It is requested that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.0S(a) and (b), copy Is enclosed. Please distribute this report to your goveming body. For each Grand Jury recommendation accepted and not implemented, provide a schedule for future implementation. In addition, by the end oi'March of each subsequent year, please report on the progress being made on each recommendation accepted but not completed. These annual reports should continue until all recommendations are implemented, Please mail the response to the recommendations lo Maria Hernandez, Presiding Judge of the Superior Court, 700 Civic Center Drive West, Santa Ana, CA 92701, with a separate copy mailed lo the Orange County Grand Jury, 700 Civic Center Drive West, Santa Ana, CA 9270 I, no later than 90 days after the public release date, June 7, 2023, in compliance with Penal Code 933, copy enclosed. The due dale then is September 11 2023, Should additional time for responding lo this report be necessary for further analysis, Penal Code 933.05(b)(3) permits an extension of time up lo six months from the public release date. Such extensions should be advised in writing, with the information required In Pe11al Code 933.05(b)(3), to the Presiding Judge of the Superior Court, with a separate copy of the request to the Gra1id Jury. We tentatively plan lo issue the public release on June 7, 2023. Upon public release, !he report will be available on the Grand Jury website at www.ocgrandjury.org. JVS:jm Enclosures: Grand Jury Report Penal Code 933, 933.05 Cc; ·A,!. t~J!~~~):£l)i1',Jx!li11ilg¢r• h V. irngusa, Foreperson 2 2-2023 ORANGE COUNTY GRAND JURY 304 305 Gimme Shelter and a Pound of Advice TABLE OF CONTENTS TABLE OF CONTENTS ...................•.•............•....•....•........•..................•...•••..•.....•..•••••..• 2 TABLE OF FIGURES AND TABLES ................................••......................•..•.................•. 3 SUMMARY ...................................................................................................................... 4 BACKGROUND .............................................................................................................. 5 ... .REASON .FOR. STUDY. ................................................................................................... 8 . . . ............. .METHOD.OF STUDY ...................................................................................................... 8 ..... Interviews .••.•.........•..............•.•.....••.•.••...........................•..••.••••......•....•................•.•..... 8 Surveys ........................................................................................................................ 9 . . Site Visits ..................................................................................................................... 9 Key Documents ........................................................................................................... 9 Documents Requested but Not Provided ................................................................... 1 O INVESTIGATION AND ANALYSIS ...•..........••.••.••...•.........................•......•......•.•.•.•.•.•.... 10 Services and Facilities ............................................................................................... 10 ..... Volunteer and Rescue Relations .•.•.........•...................••...•..•..................•.............•.... 12 Human Resources •.•...••••...•.•.•............•••.....•......•..........................•...........•................ 13 .. Animal .Care-Attendants .• ;; ...•. :.: .. : ............ : .................... ~.-.......... ~ .•. : .... -.:.:.::.: .. :: ••.•.••. : .• 14 Communication .......................................................................................................... 16 Policies and Procedures ............................................................................................ 16 .. COVID,19 .................................................................................................................. 17 Facilitating Adoption .................................................................................................. 18 Spay and Neuter Overview ........................................................................................ 19 T.rap, .Ne.uter and Return ..•..•.... : ................................................................................. 20 Euthanasia Report ..................................................................................................... 22 Asllomar Reports ....................................................................................................... 22 Analysis of OCAC Data ............................................................................................. 23 Dog Euthanasia: ...................... : ................................................................................. 25 ..... Impediments to the lnvestlgaticiti ............................................................................... 27 CONCLUSION ..•.....•.................. , .................................................................................. 30 . ·--FINDINGS ••••..••...•.••.•.•...•...•••.••••....................•..•••...... .-.................................................. 31 Management: ............................................................................................................. 31 Animal. Welfare .......................................................................................................... 31 Communication I Outreach· ........................................................................................ 32 ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE2OF61 -·---··. 306 Gimme Shelter and a Pound of Advice Impediments to the Investigation ............................................................................... 32 RECOMMENDATIONS ................................................................................................. 33 Management: ............................................................................................................. 33 Welfare ...................................................................................................................... 33 Communication I Outreach ........................................................................................ 34 Impediments to the Investigation ............................................................................... 35 REQUIRED RESPONSES ............................................................................................ 36 Findings -90-day Response Required ...................................................................... 37 Recommendations~ 90-day Response Required ..................................................... 38 REQUESTED RESPONSEs ......................................................................................... 39 Findings -90-Day Response Requested .................................................................. 39 Recommendations -90-Day Response Requested .................................................. 39 REF.ERENCES .............................................................................................................. 40 APPENDIX 1 ................................................................................................................. 42 Table 1 -Adult Cat Euthanasia and TNR Rates by Quarter ...................................... 42 APPENDIX 2 ................................................................................................................. 43 Table 3 -Dog Behavioral Euthanasia Rates by Quarter ............................................ 43 APPENDIX 3 ................................................................................................................. 44 Orange County Grand Jury Animal Shelter Contract City Survey .............................. 44 APPENDIX .4 ................................................................................................................. 45 Orange County Grand Jury Independent City Shelter Survey ................................... 45 Appendix 5 .................................................................................................................... 46 . OCAC .4"!._Quarter 2022 Asilomar Report ................................................................... 46 ........ ABBREVIATIONS: ........................ : ............................................................................... 47 GLOSSARY: ................................................................................................................. 48 DISCLAIMER ................................................................................................................ 51 --TABLE OF FIGURES AND TABLES Figure-1 -Map of Orange County .................................................................................... 7 ...... Figure 2.,.Adult.Cat.Euthanasla .Rates .......................................................................... 24 Figure 3 -Dog Euthanasia Rates (Behavioral) .............................................................. 26 ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE3 OF61 307 Gimme Shelter and a Pound of Advice SUMMARY Orange County Animal Care has been a source of public concern since the 1990s, with no less than five previous Orange County Grand Jury reports detailing troubling conditions. The previous reports cited excessive euthanasia rates, poor leadership, inadequate numbers of animal care attendants, a lack of cooperation between staff departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper assessment of anlmals chosen for euthanasia, and low morale negatively Impacting operation ofthe shelter . . Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated p~lllions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry. The Grand Jury determined a renewed Investigation was warranted, The investigation focused on three major areas of concern: the management of the shelter, the welfare of animals under shelter· care, and the communication and engagement with the public and the animal rescue community. A particular concern of the Grand Jury was the shelter's termination of its Trap, Neuter, and Return (TNR) program for community cats. In early 2020, the shelter decided to stop Its TNR program. The Grand Jury's investigation determined that termination of the TNR program had detrimental consequences for the welfare of the animals·under the· ···· shelter's care·:•·-·-·· · The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public's and the rescue community's relations with shelter leadership. · During the Grand Jury's Investigation, It was reported by the shelter's senior management that the termination of the TNR program resulted from an opinion rendered·by the County's legal counsel. Understanding the reason leading to the decision to terminate the TNR program would be Important for considering whether the program can and/or should be reinstated. Toward that end, the Grand Jury endeavored to obtain a copy of the opinion of the County's legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors. While the Grand Jury recognizes tliat the opinion may enjoy confidentiality pursuant to the attorney-client privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand Jury'.s request Included Its commitment to maintain the confidentiality of the opinion ltselfand its contents. Nevei1heless, the request was declined, as was the Grand Jury's alternative request that the County simply identify the legal authority reviewed In studying the Issue. · · ·Members of shelter management indicated their understanding the TNR program was terminated due to the opinion that the program violates a state law. The law makes it a crime to willfully abandon an animal notwithstanding that the program was designed to ORANGE COUNTY GRAND JURY 20221 2023 ... PAGE40F51 308 Gimme Shelter and a Pound of Advice return cats to their original location rather than releasing them to randomly selected sites. TNR programs are widespread throughout California, not to mention the nation as set forth In a report from the American Bar Association. The Grand Jury is unaware of any published court case determining that a bona fide TNR program Is prohibited under the anti-abandonment statute. Given the Important benefits to animals and the public provided by such programs, the Grand Jury believes It would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion. This report highlights analysis of data provided to the Grand Jury by the shelter Indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years. The increase In dog behavioral euthanasia rates suggests that there is inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia. The Increase In feline euthanasia rates appears to be correlated with elimination of the TNR program. This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too cumbersome; lengthy and lack consideration of how those practices Impact animal welfare. Animal Care Attendant staffing at the shelter Is Inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly. This report discusses major deficiencies with each of the issues Identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal welfare Is paramount! Finally, this report comments on the difficulties the Grand Jury encountered during Its Investigation. Without explanation, the entirety of the Orange County County Counsel's office determined Itself to be conflicted with the Grand Jury's inquiry Into Orange County Animal Care. The Investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel. BACKGROUND Orange County Animal Care (OCAC) began operations In 1941 and was responsible for rabies and tending to lost livestock. In 1950, the population of Orange County was . roughly. 216,000. By January 2022, the estimated populatlon was 3.1 million people. OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts Its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley, Fullerton,.Huntlngton Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana; Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services. The unincorporated areas of the county and the 14 ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE5OF51 309 Gimme Shelter and a Pound of Advice contract cities have a combined population of approximately 1.8 mllllon residents, greater than half of the total population of Orange County. In March 2018, a new shelter was opened on a 10-acre site at a cost of $35 million. The shelter Includes a two-story, approximately 30,000 square-foot main building, six stand- alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area. OCAC can shelter up to 600 animals and is the single largest municipal animal facility In the western United States serving residents in one location. OCAC has 137 authorized staff positions. Approximately 21 staff are animal care attendants who are represented by the Teamsters Union. All other staff are represented by·the Orange County .Employees Association. Labor relations and contract terms must be taken Into consideration while operating the shelter. OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes. The relationship between shelter management, rescue groups, and volunteers has deteriorated in the last three years. ·The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons. The breakdown In communication, engagement, and trust between parties has negatively affected shelter operations. Most large municipal shelters are "kill" shelters, which are shelters where animals may be euthanlzed for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special· cases, but generally do not euthanize animals. Large munlclpal .shelters, owing to their size, capacity, public responsibility, operational mandates, and their positioning as "shelters of last resort," euthanlze animals as a matter of course. Animals are euthanized for a variety of reasons, such as: • they suffer from irredeemable disease or injury, • ·they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption. Many.shelters have Trap, Neuter and Return (TNR} programs. In accordance with these programs;feral and community·cats are captured from their outdoor environment, taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped. TNR programs serve to reduce colonies of feral and ·community cats In a humane manner and serve to manage and reduce this cat :population • .OCAC 'had a TNR program beginning In 2013 until early 2020 when It was discontinued. ORANGE COUNTY GRANO JURY 202212023 PAGE60F51 310 Gimme Shelter and a Pound of Advice Figure 1 -Map of Orange County Cities Contracted with Orange County Animal Care Ladera Ranch The map above shows the cities and unincorporated areas currently contracted with OCAC. All city contracts are not alike in that OCAC may provide partial services for some cities and full services for others. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 7 OF 51 311 Gimme Shelter and a Pound of Advice REASON FOR STUDY In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC) shelter. Many of those complaints were the same complaints addressed In five previous Grand Jury reports, Including: • the shelter's unresponsiveness to community needs, • restricted public access to the shelter's kennels, • restricted opportunities to walk through the kennels and engage with adoptable animals, and • concerns related to inadequate staffing and volunteer levels. Complainants also expressed concerns about animal surrenders, a perceived increase In homeless cats with less spay/neuter availability, and the shelter's Increased euthanasia rates. About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors. The-petition addressed the same concerns as the complaints received by . the Grand Jury and demanded change in the shelter's appointment-only system and reinstatement of the shelter's TNR program. The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501 (c)(3) nonprofit corporation), and Cats In Need Of Human Care (another Californla 501(c)(3) nonprpflt corporation) seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations. The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations. The Grand Jury focused on current practices at OCAC to determine how well the needs of the animals, staff, and public are being met. METHOD OF STUDY The Orange County Grand Jury's objective is to provide an accurate portrayal of OCAC's current operations, culture, Inner workings, and challenges. The Grand Jury investigation · relied on interviews, public and shelter documents, surveys, site·vislts, and news accounts about the shelter. The Information supporting the facts, findings, and recommendations in this report is corroborated, validated, and verified through multiple sources. Interviews The Interviews conducted by the Grand Jury focused on an in-depth review of OCAC management, staffing, operating structure, animal care procedures, communications, animal care statistics, operating plan, organization structure, morale, the volunteer ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE8OF51 " 312 Gimme Shelter and a Pound of Advice program, relationship with rescue organizations, and complaints. Interviews Included the following: • Management and staff from OCAC. • Current and former volunteers from OCAC. • Management from the OC Community Resources (OCCR) office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices. • Community complainants from Orange County Grand Jury Public Concern Letters. • Retained outside legal counsel. • Leaders of Orange County city-managed shelters. • Animal advocates. Surveys The Grand Jury solicited feedback from the shelter's clients by surveying the 14 cities contracted with OCAC to provide animal care and control services. Questions In the survey were crafted to determine city satisfaction with the services provided and cost effectiveness,-and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3) .. A second survey was directed to the five independent city-managed animal shelters In Orange County, soliciting information about their shelter operations, staffing, animal population, adoption procedures, and other challenges. (Appendix 4) Site Visits The Grand Jury conducted tours and site visits to the OCAC shelter; • One visit was a guided tour of the facility, during which the Grand Jury was provided behind-the-scenes access to observe conditions and observe shelter staff as they went about their dally routines. • A second visit was an anonymous visit by two members of the Grand Jury. The two·members visited the shelter to experience, firsthand, guest services and the appointment process for adopting an animal. • · A third visit was an unscheduled visit to observe kennel cleaning and to gather addlllonal documents and records. The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center. Key Documents • Documents and information provided by OCAC: o Polley and Procedure Manual governing the Orange County Animal Sheller o Volunteer Program Manual ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE9OFS1 313 Gimme Shelter and a Pound of Advice o Total number of volunteers who have served by year since 2018 o Organization Charts o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, Including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix (2018-2022) o OCAC eulhanasia records o OCAC Asilomar Reports • OGGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports • City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters • OCGJ Public Concern Letters · • Legal briefs filed In the lawsuit against OCAC (Orange County Superior Court Case No. 30-2022-01282419-CU-WM-CJC) .o .. Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008, and 2014-2015 (2 reports In 2014-2015) · • OCAC Performance Audit responses (February 4, 2016) •··American Bar Association legal opinion 102B, Tort Trial and Insurance Practice Section report to House of Delegates -Resolution No. 29N, pages 1 and 2 • California Penal Code Section 597s • OCAC Strategic Plan Executive Summary (January 22, 2018) -Strategic Priority, pages 1 to 4 • Association of Shelter Veterinarians Guidelines for Standards of Gare In Animal · · Shelters Documents Requested but Not Provided · • Dally census of all animals plus breakdown of number of cats and dogs from 2018 through 2022.(not provided by OCAC since It reportedly is not tracked). • Complaints and Grievance log. ·· • The Grand Jury attempted, without success, to obtain a copy of OC County Counsel's opinion concerning the terminated TNR program. The Grand Jury's . ,. . request to the-Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed In studying the Issue . . INVESTIGATION AND ANALYSIS Services and Facilities The Orange County Animal Care (OCAC) shelter Is the largest municipal shelter in the western United.States serving residents In one location. The nature, size, and scope of the shelter adds complexity and unique challenges to Its operation. The shelter employs 13'1' staff engaged in a variety of functions including animal sheltering and care, animal control, reuniting lost pets with their owners, veterinary services, licensing, adoption, marketing, public relations, and administration. Supporting the varied needs of over 1.8 ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE10OF61 314 Gimme Shelter and a Pound of Advice million residents requires a substantial investment In facilities, infrastructure, personnel, organization, customer service, and public outreach. OCAC provides temporary shelter and medical care for "lost' owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for Impounded dogs, cats, and exotic animals. OCAC also provides animal control services · that Include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals. OCAC is not a No-Kill shelter. OCAC euthanlzes animals for several different and sometimes compelling reasons, Including animals Injured beyond redemptive medical care, behavior, species and breed, and age. The size and complexity of the shelter leads to numerous managerial and operational challenges. The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity. When capacity is exceeded; temporary capacity Is created by moving cat cages Into administrative areas such as the facility's training and conference room. On the day the Grand Jury toured the shelter,-there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average numbei of. animals per day at the facility since OCAC only began keeping daily animal census records In December 2022. However, the Grand Jury was able to estimate average dally cat and dog count from the shelter's Asilomar reports. Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs. Actual dally counts will vary from the average and counts vary with the seasons. The Grand Juiy surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services. Shelter management expressed the need to balance services with the cost consciousness of their conl(act cities and the county budget, while also providing a level of service expected by the public. Shelter management expressed awareness that contract cities h~ve alternative service options If the prices charged by OCAC for Its service are beyond city expectations or budget. From 1995 througti 2016, the California Department of Public Health (CDPH) collected and published data from California's animal shelters. Currently, CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332, .called the ".Shelter Animal Collection Data Act," was introduced by Assemblyman Alex Lee (D-San Jose) and coauthored by Assemblywoman Marie Waldron (R-Valley Center). Assembly Bill 332, If adopted, would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates. The bill would further require CDPH to collect and publish animal shelter Intake and outcome data, Including adoption, redemption, euthanasia, and other categories. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 11 Of 61 315 Gimme Sheller and a Pound of Advice Volunteer and Rescue Relations Most animal shelters rely on a host of sheller volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations (rescues) to help with the adoption process and fostering. OCAC is no exception. Sheller volunteers help by assisting shelter staff with animal care, socialization, and enrichment; community outreach and events; conducting tours; greeting shelter visitors; and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers. The volunteer program is vital. Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding. These organizations benefit animals by facilitating adoptions or placing them In· foster homes with enriched social environments greater than the shelter can reasonably provide. The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to OCAC's success and the welfare of animals under its care. OCAC has been challenged by both Inadequate staffing and strained collaboration between the shelter, volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis, when the volunteer program was shut down in response to County health mandates. Other challenges are due to some rescue organizations' responses to changes In ·shelter · organization, operation, and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with Its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19. The shelter's volunteer program was not restarted until late 2022, although state COVID- . 19 restrictions were. lifted June .15, 2021. Unfortunately, restarting the program required more than calling all volunteers.back from COVID-19 Isolation. Some former volunteers have not returned·because they have moved on with their lives. Some volunteers have not returned because·of their dissatisfaction with recent changes in organization, operation, and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program. Relationships between-the shelter and some rescues remain strained. Leadership changes within the past three years, changes In circumstances at the shelter, and the shelter's respon·se to COVID~19 resulted in changes to shelter priorities and practices to · .. which some rescues object. Some changes were precipitated by differences In priorities and .concerns that came with the change In shelter leadership, some changes were In response to COVID-19 restrictions and concerns, and one change came as the resuli of the shelter's response to a threat of litlgatlon by a lone animal activist from outside Orange County challenging the shelter's TNR program. Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter's care. ORANGE COUNTY GRAND JURY 20221 2023 PAGE 12 OF 51 316 Gimme Shelter and a Pound of Advice To operate at Its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC. During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority. OCAC will benefit ifit has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them. Human Resources The OCAC shelter Is a 24n facility that requires adequate staffing during all.hours to meet the highest standards of animal welfare. Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years, two executive directors have been hired with interim leadership having to be provided on two separate occasions. The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought on board in May 2022. Between September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian and services were provided by one contract veterinarian. · OCAC is under the direction ofOC Community Resources (OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services (OCHRS). OCHRS provides separate, targeted human resource support for OCAC's recruitment, labor relations, and employee relations needs. Personnel turnover in critical Job categories, such as kennel attendants, can add huge pressure to the remaining staff. Vacancies in critical positions strain shelter operations and impact animal welfare. There are currently 21 allocated Animal Care Attendant positions out of the 136 shelter staff positions. The 21 animal care attendants are assig!led to fill the shelter's attendant needs over the 7-day shelter week. There Is reason for concern and urgency when even one Animal Care Attendant position goes unfilled. County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time, even while they are still within their probationary period, The ease and fluidity of transitioning adds to the shelter's understafflng and staffing volatility. Staff vacancies, which have been as high as 23%, negatively Impact shelter operations and have taken as long as six months or longer to fill. Delays In filling staff positions disrupt shelter operaticiils. Delays have resulted in qualified candidates declining job offers because they have accepted other positions. Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter's animals. While OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions. ORANGE COUNTY GRANO JURY 2022 l 2023 PAGE 130F 51 317 Gimme Shelter and a Pound of Advice As a unionized organization, limitations exist which impact the assignment of human resources within the shelter's organization and daily operations. Staff are slloed Into operational categories and job functions, which limits managerial flexibility in their ability to respond to special operational needs. An Inflexibility In management's ablllty to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational Inflexibility has resulted In instances of inefficient allocation of shelter human resources, Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees. Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers. Animal Care Attendants Animal care attendants at OCAC provide the direct, daily care of the animals. They attend to several areas of responsibilities: · • · Intaking animals brought to the shelter by the public or impounded by animal control or the cities, entering Information about the animal Into the shelter's data base, and taking pictures of the animals. • Feeding and watering of all the shelter's animals -domestic, exotic, and wild. • Clel!ning and disinfecting kennels, cages, corrals, and equipment and maintaining the general cleanliness of the shelter's kennel facilities. • Monitoring, documenting, and reporting on the health and well-being of sick, exotic, and quarantined animals; reporting any abnormalities or changes in . condition to veterinary staff. · · · .... · ·· · ·· · · · • Assisting with animal adoptions, including providing counseling on breed characteristics, matching and Introducing the appropriate animal to the potential adopter, and instructing adopters In basic animal care. • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention, adoption procedures, basic animal care, and behavior. Animal Care· Attendants may be assigned Into any one of three areas of responsibility: Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants assigned 16 It; ·they may receive 30 to 60 animals per day. The Cat Team Is responsible for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their duties include cleaning and feeding, enrichment, adoption and the other activities discussed·above. The·Dog Team Is responsible for the kennel areas housing dogs. Their duties inclUde.cleanlng and feeding, enrichment, adoption and the other activities noted above. In 2016, OCAC brought In professional consultants to provide recommendations for a 2018 Strategic Plan. Orie of the consultant's recommendations was for the shelter to Increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not Implement that recommendation. Addltlonally, the consultant recommended the shelter follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care In Animal Shelters. Those practices Include National Animal Control Association (NACA) ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE140F51 318 Gimme Shelter and a Pound of Advice guidelines and the Humane Society of the United Stales (HSUS) guidelines (which Is the current standard). The allocation of Animal Care Attendants al OCAC is Insufficient for the shelter to meet Industry standards for level of care. NACA and HSUS recommend a minimum of 15 minutes of care per day per animal for feeding and cleaning each animal housed in the shelter; 9 minutes for cleaning and 6 minutes for feeding and watering. There are currently 21 Animal Care Attendant positions allocated at the shelter. Three posillons were vacant as of May 1, 2023. A normal Animal Care Attendant dally shift at the shelter Is 1 O hours, of which the attendants are expected to spend half their time cleaning, feeding, and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday. Animal Care Attendants spend about 4½ hours cleaning and feeding the animals each day. The Grand Jury evaluated the Animal Care Attendant's workload during the four-month period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants cared for 48 animals per shift on average and in some cases up to 90 animals per shift. Conservatively, Animal Care Attendants at the sheller spend less than 6 minutes on average per animal attending to cleaning and feeding, which Is much less than the 15 minutes recommended by the NACA and HSUS guidelines. Of note, the four-month period reviewed by the Grand Jury Is not the shelter's busy season. During kitten season, the cats and kittens alone can number up to 500 to 600 cats and kittens. per day. The Grand Jury could not evaluate daily census records prior to December 4, 2022 because OCAC did not keep daily animal census records prior to that date. There are still other ·needs the animals have, such as time for animal enrichment which is required daily. The allier half of the Animal Attendant's shift is devoted to picking up animals from intake; showing animals for potential adoptions, walking dogs, stocking supplies, washing dishe$ or other non-0irect animal care tasks. ASV.Guldelhies stress.enrichment should be given the same significance as feeding, ·-watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive dally ·social Interaction with humans Is essential for both dogs and cats. Animals iieeifaaily walking, playing, grooming, petting, etc. OCAC's 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored lo their needs. The Grand Jury found that other shelters In Orange County walk their dogs several times. per day and provide numerous opportunities for enrichment. At the OCAC shelter, dogs are not always walked dally. Instead, animal care attendants only walk dogs every other day, as time permits. The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations. This puts pressure on management to operate the shelter efficiently. Other animal care facllltles report 50% of ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE16OF51 319 Gimme Shelter and a Pound of Advice their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct care. The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals. Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter's primary charge. The current allocation of Animal Care Attendant positions Is Insufficient. Communication The shelter's organizational challenges are numerous; many challenges are systemic, but some are self-Inflicted. With many constituents, such as shelter staff, volunteers, rescue organizations, and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences. Collaboration and communication within the shelter are lacking. Departments within the shelter are slloed. Staff within departments focus solely on their duties and responslbllltles and are not encouraged to think of their efforts as being part of a "Big Picture.". Morale. ls. reported to be low. Workplace rules and position classiflcations tend to discourage a collaborative mindset. In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC. The QC Auditor noted that, among other things, the shelter was not holding regular "all-hands" staff meetings. The Auditor recommended that the shelter hold meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation. The response from OCAC to this Grand·Jury report was that all-hands meetings were Implemented. However, all-hands meetings currently do. not occur at any regularly scheduled Interval. Although shelter staff have a general sense of shelter operations and functions, the shelter Is a slloed work environment. Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by sheller leadership and for management to communicate a consistent message. Shelter volunteerif are limited to a program that effectively segregates them from sheller staff and management. Volunteers have little to no voice or effective Input Into the shelter's decision hierarchy. Policies and Procedures The. Grand-Jury found.that.the shelter's Policies and Procedures manual does not undergo regular internal review. There are policies and procedures In the manual that do not reflect current.shelter practices. Additionally, there are important shelter practices and functions that are not addressed or are Inadequately documented within the manual. There are some policies and procedures In the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. II ls evident some policies and procedures In the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical. Individual policies and procedures documented In the manual are annotated with the date they became effective and, when applicable, revised. However, there Is nothing to ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 160F51 320 Gimme Shelter and a Pound of Advice indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate, and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mld-2000s. There is no Indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom, or when. Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in Inconsistent operating protocols and practices. More Importantly, when new staff are hired, training becomes "on the job training• and subject to Inconsistency. With the high level of turnover at the shelter, It Is all the more Important to ensure policies and procedures are up to date. COVID-19 The Impacts of COVID-19 on sheller operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put · ·· into place. The shelter was effectively closed to the public. Emergency protocols and practices were put Into place to ensure the safety of the public and OCAC staff. Leadership had to manage a 24-hour shelter, with many members of the staff required to work on site. Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe. Within the limits of the shelter's staffing allocation, management created a Team NTeam B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled. Extraordinary sanitation protocols were put Into place. Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the occasion, working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time. ·Unfortunately, the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted. The volunteer program was slow to be restarted. Sheller management could and should have anticipated the end of COVID- . -19 restrictions-and-worked toward reinstating the shelter's volunteer program much earlier than late 2022. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 17 OF 51 321 Gimme Shelter and a Pound of Advice Facilitating Adoption During COVID-19, most animal shelters, Including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits. Prior IQ COVID-19, the adoption process at the sheller was relatively open. The public was at llberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee. Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond. The experience was unconstrained, spontaneous, instinctive, and natural. OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adaptability. OCAC eliminated the animal behaviorist position. other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adaptability. During COVID-19, public adoptions were carried out by appointment only and computer facilitated. The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelter's website from photographs and biographical information about the animals. A one-on-one meet-up with the anlmal(s) followed. People without computer access could use the shelter's computer kiosk to select an animal, but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter. Currently, the adoption process Is less restrictive than during COVID-19 but remains more restrictive than pre-COVID-19. The current appointment system is restrictive and ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 18 OF 51 322 Gimme Shelter and a Pound of Advice does not provide prospective adopters viewing access to all available adoptable animals. The shelter has opened to limited walk-ins on a stand-by basis when there are openings In the appointment schedule and when staff are available to assist. All potential adopters, appointments, and walk-ins are still required to use the shelter's website to pre-select potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all visitors. OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access. The shelter experienced a marked drop In bites coincidental with the closure of the facility to the public when COVID-19 restrictions were Implemented: • 2019 -23 bites • 2020 - 7 bites • 2021 - 3 bites • 2022 - 2 bites (as of December 23) However, not all dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important, however, dogs representing bite risks can be segregated, and supervised viewing Is a viable option. Shelter leadership said that public viewing within the kennels stresses the animals and ·that restricting access keeps the animals calm. However, to address that concern, dogs prone to excitability and stress can be secluded, and supervised viewing Is an option. Spay and Neuter Overview As mentioned earlier, the population of Orange County In 1950 was about 216,000. Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000. With the population Increase comes an increase in the number of dogs, cats, and other pets. Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. in. most cases, members of the public either bring lost animals to the shelter to .be reunited with their.owners or bring their own animals to be adopted to new homes. Few people bring animals to the shelter to be euthanlzed. One reason OCAC has so many an,imals and a high incidence of euthanasia Is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner's ability to care for the offspring. Uncontrolle(j reproduction is a factor In the high population of dogs and especially cats. According to a 2011 report by the North Shore Animal League of America, each day over 70,000 puppies and kittens are born In the United States, and because of overpopulation, more than 3. 7 million animals are still being euthanized each year across -the·country.-The absence ofTNR at the shelter has seriously increased the rate of · euthanasia of cats, especially kittens, who are not old enough or healthy enough to adopt. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 19OF 51 323 Gimme Shelter and a Pound of Advice Many communities incentivlze sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process. Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on Its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs. Trap, Neuter and Return OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations. TNR Is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020, the Orange County Animal Shelter had an active Trap, Neuter, and Return program. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 20 OF 51 324 Gimme Sheller and a Pound of Advice OCAC's TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together to make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure, vaccinated the animal$, and treated them for injuries or disease. When the animals were healthy, fit, and ready for return to their outdoor home, the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped. OCAC only provided TNR related services within Its shelter facility and did not participate in localing, trapping, or returning the animals to the location from where they were trapped. However, OCAC played an integral role In the TNR process. When OCAC's participation in the TNR program ended, TNR within the county effectively ceased. OCAC's TNR program was popular among many local animal welfare groups and individuals and is a necessary element lo the continuance of a viable TNR program throughout the county. The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the Individual animal, and whether TNR is an environmentally sound practice. In Orange County at least, there apparently is also disagreement whether 1NR programs violate a provision of the California Penal Code dealing with malicious mischief. ORANGE COUNTY GRAND JURY 20221 2023 PAGE 21 OF 51 325 Gimme Shelter and a Pound of Advice California Penal Code Section 597s states: (a} Every person who willfully abandons any animal is guilty of a misdemeanor. (b} This section shall not apply to the re/ease or rehabilitation and re/ease of native Ca/Jfomla wlld/Jfe pursuant to statute or regulations of the Calif om/a Department of Fish and Game. As best as the Grand Jury can determine, the validity of California Penal Code Section 597s or its Interpretation or application has never been adjudicated In a reported California court decision. According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program, in which animals are returned to the same location where they were trapped, constitutes willful abandonment. . In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end Its participation In the TNR program. OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral In an opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel's opinion, to no avail. The .Grand Jury requested a copy of the opinion from OCAC, the County Counsel, the Orange County Board of Supervisors, and Orange County Public Resources. As of the publication of this report, the Grand Jury was not able to acquire a copy of County Counsel's opinion. The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC's TNR program was terminated in or about April 2020. Euthanasia Report OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that period. Of the euthanlzed animals, 5,123 were identlfled as either domestic cats or dogs. (Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals included other domestic and/or non-domesticated animals. OCAC's records identify.every euthanized animal's date of euthanasia, estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks,• lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test (rabies), disease, behavior, age, species {public safety), and owner request. Asilomar Reports In 2004, leaders representing national organizations and industry stakeholders gathered · to find common ground In the animal welfare field. Together, they wrote the Asilomar Accords, which establishes common definitions and a standardized way of reporting shelter statistics. Asilomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes. The reports are aggregated into a national Shelter Animals Count National Database. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE22OF51 326 Gimme Shelter and a Pound of Advice OCAC complies records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC's data Includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog Intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia. Analysis of OCAC Data The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the Issue is the fact that COVID-19 restrictions were put Into place about the same time the TNR program was terminated. Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat . euthanasia outcomes.from the 3rd quarter of 2018 through the end of 2022. TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats are not Included 'In 'the review because the shelter's Juvenile cal population varies widely with the season and, moreover, Juveniles are not candidates for TNR. ORANGE COUNTY GRAND JURY 20221 2023 PAGE23OF51 327 Gimme Shelter and a Pound of Advice Figure 2 -Adult Cat Euthanasia Rates Adult Cats Euthanlzed vs. Adult Cats TNR as a% of Total Asilomar Outcomes J TNR program terminated and Calif. Covld Restrictions 60% I Begin - 50% [ /'-•, ,/ \ , ' 40% t "' ... ---... ,,,,,,.~" \ t .,.,, \ ,,.·1 ' , ' ' , r \/ 30% f f 20% 10% I Average = 20.9% cam. Covid Restrictions End Average = 28.8% I ·······"······· , ...................................... , ....... , ·············· ' ' ' ' ' ' ' ' s. ...... .,.. • Adullcals euthan!ied as c1" Asilomar outcomesnetofTNR outcomes, Oo/o ~ .... .,. ___ ., ___ ..,._ .. ~---~---~-~-~---~----~ mM~mmM~mmM~mmMa1mmM 2016 2019 2020 2021 2022 ~Adult Cats Euthanized ·· •-TNR Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning ofCOVID-19 restrictions. The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (pre.TNR termination and COVID-19 restrictions) was 20.9%. The average adult cat euthanasia rate In the period from the 2nd quarter of 2020 through the end of 2022 (post-TNR arid COVID-19) was 28.8%. The Increase In the rate of adult cat euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is statistically significant. (See Appendix 1) To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 240F 51 328 Gimme Shelter and a Pound of Advice euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program (Q3 2021 -Q4 2022) was 25.4%. The Increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID• 19 restrictions were lifted Is 21 % over the pre-TNR terminatlon/pre-COVID-19 restrictions rate. Again, the Increase is statistically significant. Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre-and post-COVID- 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. Dog Euthanasia: . OCAC euthanlzes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age, and behavior. When OCAC euthanlzes a dog for medical reasons, the Chief Veterinarian or a staff veterinarian must approve the ·procedure. In the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee. OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress. The five members of the Behavior Evaluation Committee include staff members representing Field Operations, Animal Services Operations, the Community Outreach team, the Chief Veterinarian, and a representative from senior management. While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members. The Chief Veterinarian and the member from senior management serve only as advisory members. A majority of the three voling members of the committee must approve a behavioral euthanasia -that is, at least two of the three voting members must approve. OCAC's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, .or procedures, resulting in Inconsistent outcomes over time. Behavior-evaluated euthanasia outcomes are dependent on the experience and personal considerations of.the.Individual committee members and management rather than written objective standards. The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members. The voting members are not required to directly observe a dog's.behavior, .and In some cases have not made direct observation, but they do have . access to video documentation of a dog's behavior. Voting members come to their own conclusions based on their own understanding of dog behavior and rehabilitative potential. OCAC does not have a professional licensed, trained, or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting In dogs with declining behavior being placed at greater risk of being euthanized. Voting members of the Behavior Evaluatloil Committee are not required to certify or participate In animal behavior education programs.The Behavior Evaluation Committee meets once per week and participation of the voting member from any one of the three voting departments may be ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE25OF51 329 Gimme Shelter and a Pound of Advice delegated to a lesser experienced staff member when the regular voting member is unavailable. The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time. The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by quarter. Juvenile dogs are included in the review because the shelter's juvenile dog population is subject to behavioral euthanasia. The Grand Jury found that for the dogs euthanized for behavior during the period under review, 7.4% of the dogs were no more than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to determine why .dogs.less than one year In age would warrant behavioral euthanasia. Figure 3 -Dog Euthanasia Rates (Behavioral) All Dogs Euthanlzed for Behavior as % of all All Dog ASILOMAR Outcomes 6% 5% 4% 3% Average= 1.19% 2% 1% Average= 3.41% 0% ,~.m m.m ~ mim oo,~,m;m OOi~ m,m oo . 2018 2019 2020 2021 2022 Dog behavioral euthanasia rates Increase at OC Animal Care between the second and third quarters In 2021 Eigure 3.illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and third quarters of 2021. The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning In the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41 % of all dog Asilomar outcomes, an Increase of 187%. The Increase Is statistically significant. (See Appendix 2) ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 26 OF 51 330 Gimme Shelter and a Pound of Advice Impediments to the Investigation The Grand Jury's function Is to Investigate the operation of the various officers, departments, and agencies of the local government. Article 1, Section 23 of the California Constitution states: •one or more grand Juries shall be drawn and summoned at least once a year In each county." Provisions of the California Penal Code define the scope and limitations of a grand jury's authority: Penal Code Section 916: ... Rules of procedure shall Include guide/Ines for that grand Juty to ensure that all findings Included in Its final raporls are supporled by documented evidence, Including ... official records, or lnteNlews attended by no fewer than two grand Jurors and that all problems Identified In a final raporl are accompanied by suggested means for their resolution, including financial, when app/lcabla. Penal Code Section 921: The graiid Jury Is entitled to ... the examination, wllhout charge, of all public records within the county. Penal Code section 925: The grand Jury shall Investigate and reporl on the operations, accounts, and records of the officers, deparlments, or functions of the county ... The Investigations may be conducted on some selective basis each year ... Penal Code Section 925 (a): The grand Jury may, at al/ times, request the advice of the courl, or the judge thereof, the district attorney, the county counsel, or the Attorney General ... As a department of Orange County government, the County Counsel's office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, Including the Grand Jury. -At the start of a Grand Jury's one-year term, County Counsel assigns an Individual attorney Within Its office to serve as the Grand Jury's primary attorney. Because the lndlvldual serving as the Grand Jury's counsel Is also assigned to other departments or agencies within Orange County government, there Is the potential for the Grand Jury's designated primary counsel to have a conflict of interest when the Grand Jury Investigates a department or agency otherwise served by the primary attorney. To ensure continuity of legal service to the Grand Jury, the County Counsel's office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted. The back-up attorney Is selected so that at least the primary or ORANGE COUNTY GRAND JURY 20221 2023 PAGE27OF 51 331 Gimme Shelter and a Pound of Advice back-up would not have a disabling conflict-that is, one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel's office Itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted. Early during its one-year term and early in Its Investigation, the Grand Jury learned that its primary counsel had a conflict of Interest with its Investigation of OCAC. The County Counsel's office explained, and the Grand Jury understood, that the services of the County Counsel's office would continue through the back-up attorney assigned for such circumstances. Initially, during the early stages of Its OCAC investigation, the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel's office. Later during its investigation of OCAC, the Grand Jury Inquired Into the shelter's prior TNR program and the program's termination in early 2020. The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County. The Grand Jury was informed that the County Counsel's office, In response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter's TN R program that evidently led to a direction to terminate the program. In the course of the Grand Jury's investigation, including Interviews with OCAC and OCCR staff and leadership, the County Counsel's office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program. The Grand Jury understands County Counsel's role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that It has no decision-making authority over any division of County governance, except regarding its own internal functions. While the Grand Jury was skeptical that the County Counsel's office actually made, or had the authority to make, the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel's opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program. The Grand Jury requested a copy of the opinion from interviewees who were privy to the document or Its contents. In addition, the Grand Jury asked the County Counsel's office for a copy of the opinion. In every instance, those requested told the Grand Jury the opinion is a privileged communication between the County Counsel's office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 28 OF 51 332 Gimme Shelter and a Pound of Advice a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the Issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in Its meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. During the Grand ·Jury's iriteriliews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC's leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision. The Grand Jury was determined to obtain documentation of the decision as It continued to press for a copy of the County Counsel's opinion, The Grand Jury then requested all Internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications Instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury's request for documentation was denied by OCAC with the reason that such communications were privileged. Coincidental to the Grand Jury's efforts to obtain a copy of the County Counsel's opinion, at the end of 2022, the County Counsel's office detached itself altogether from all matters related tq the.Grand Jury's Investigation of OCAC. The County Counsel's office informed the Superior Court-arid the Grand Jury that its entire office was "conflicted" with regard to.the .Investigation into .OCAC and would recuse itselffrom assisting the Grand Jury In its investigation Into all matters related to OCAC. No back-up attorney was provided and all communications ceased. Of note, .the Grand Jury's investigation was not an investigation of the County Counsel's office. Rather, the Grand Jury was investigating an Orange County agency, a cilent of the County Coun!lei; Just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County Counsel's office recused Itself from the Grand Jury's OCAC investigation, ii did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional · from -any other·ofthe· ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel's office, the Grand Jury suffered a setback in Its Investigation of OCAC. The pace of the Investigation slowed as time and resources ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE29OF61 333 Gimme Shelter and a Pound of Advice were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court. After losing approximately six weeks, the Grand Jury was able to engage alternative outside counsel In early February of 2023. As of the publlcatlon of this report, the Grand Jury was not 1;1ble to confirm the logic, reasoning, or basis of the County Counsel's opinion, or even whether in fact the County Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether, or who, or at what level of authority, within the County government the decision to end TNR emanated. As a consequence, the Grand Jury cannot verify that any such decision was ever actually made, or communicated at any level of authority, by anyone within Orange County's governing hierarchy and, more importantly, why any such decision was made. The only fact the Grand Jury can confirm .. with.any .confidence .is that the TNR program was terminated in or about early 2020. CONCLUSION OCAC has been a source of public concern since the 1990s, with five previous Orange County Grand Jury reports and an .Orange County Performance Audit detailing troubling conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at the shelter still needing resolution. The Grand Jury believes that if the recommendations included In this report are Implemented: • Internal and external communications at OCAC will improve. • . The reallocation of staffing positions within the organization, increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer, will improve general animal welfare at the shelter. • Improvements In the timely filling of staff vacancies will enhance shelter operations and overall staff morale. • The adoption process will be more public-friendly, leading to more adoptions. • · -The behavioral euthanasia decision process will be standardized, articulated, and · . documented,.leading to consistent behavioral euthanasia outcomes. • .. The· shelter's. Policies and Procedures will be correct and up to date. • OCAC.and Orange County rescue organizations and animal advocates can work toward mending their relations for the welfare of the animals. • The shelter's.TNR program will be re-evaluated, reconsidered and reinstated. • The shelter's volunteers will be more integrated into the shelter's personnel team and communications. The Grand Jury conducted many Interviews with shelter personnel. The Grend Jury is very Impressed with their sense of dedication and earnest concern for the welfare of shelter animals. ORANGE COUNTY GRAND JURY 2022 I 2023 · PAGE 30 OF 61 334 Gimme Shelter and a Pound of Advice FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on Its Investigation titled, "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen. by the County of Orange," the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows: Management: F1 · Management has llmlted flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules, volunteer work restrictions, and employees working in departmental silos. F2 Low staff morale exists within Orange County Animal Care. F3 Orange County Animal Care staffing is negatively Impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring processes: This delay In recruitment and completion of hiring has resulted In qualified candidates declining job offers. F4 Based upon Industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. F5 Orange County Animal Care's operating policies and procedures manual Is out of date. F6 · The Orange County Animal Care Volunteer program was stopped during COVID~1o·and restarting the program has been slow, resulting in decreased ·animal socialization and enrichment. Animal Welfare F7 Orange·County Animal Care's Behavior Evaluation Committee evaluates dogs ·· ···tor euthanasia withoufwritten guidelines, policies, or procedures, resulting in lnconsisteilt outcomes over time. Behavior evaluated euthanasia outcomes are · dependent on the·experience and personal considerations of the Individual committee members and management rather than written objective standards. F8 The rate ·of behavioral euthanasia of dogs has Increased significantly over the last 2 years. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 31 OF61 335 Gimme Shelter and a Pound of Advice F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. F10 . While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a Californla statute related to willful animal abandonment. F11 The termination of the Trap, Neuter, and Return program Is correlated with an increase In adult cat euthanasia rate at the shelter. F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Communication / Outreach F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to ail available animals. F 14 Orange County Animal Care's engagement with some animal _rescue partners is negatlvely .impacted due to differences of opinion in appropriate animal care policy. · F15 Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. F16 · The information currently on the Orange County Animal Care website for low- cost spay/rieuter is not up to date with regard to referrals and prices for spay/neuter procedures. Impediments to the Investigation F17 The OC County Counsel's office misstated to the Grand Jury the scope of its coinniltment to serving and assisting the Grand Jury In its Investigations into County governance respecting managing conflicts between the Board of ·· Supervisors, OC departments and agency clients, and the Grand Jury. ORANGE COUNTY GRAND JURY 20221 2023 PAGE32OF51 336 Gimme Shelter and a Pound of Advice RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its Investigation titled "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange," the 2022-2023 Grand Jury makes the following seventeen recommendations: Management: R 1 By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3) R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4) R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care, feeding, and enrichment. (F3, F4) RS By December 31, 2023, Orange County Animal Care management should review and update policies, procedures, guidelines, and practices to assure they are accurate and reflect current operating practices. (F5) R6 Animal By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC. (F1 thru F16) Welfare R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee . (F5, F7) ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 33 OF 51 337 Gimme Sheller and a Pound of Advice RS By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14) R9 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (FB, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider Its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel's opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11) R11 By July 1, 2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12) Communication / Outreach R12 R13 R14 R15 By October 1, 2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter. (F1, F2) By October 1, 2023, Orange County Animal Care, OC Community Resources, and oc Human Resource Services should conduct annual surveys of staff to monitor morale and Identify opportunities for operational Improvement. (F1, F2) By December 31, 2023, Orange County Animal Care management should open the shelter to the public for walk throughs to maximize opportunities for the p_ubtlc to adopt animals under the care of the shelter. (F13) By October 1, 2023, Orange County Animal Care management should look for new ways to be more Inclusive and engaged with volunteers and the rescue -organizations that are necessary for the shelter's success. (F14, F15) --R16 - · -By October 1, 2023, Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15) · R17 ---By October 1, 2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures. (F16) ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 34OF61 338 Gimme Shelter and a Pound of Advice Impediments to the Investigation R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel's office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17) ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 35 OF 51 339 Gimme Shelter and a Pound of Advice REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which It has Issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report {filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall Indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall Include an explanation of the reasons therefor. (b) As.to each Grand Jury recommendation, the. responding person or entity shall report one of the following actions: · ·(1) The recommendation has been Implemented, with a summary regarding the implemented action. · (2) The recommendation has not yet been Implemented, but will be Implemented in the future, with a time frame for implementation. (3) The recornrnendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, Including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because It is not warranted or Is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond If requested by the Grand Jury, but the response of the Board of Supervisors shall address only those ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE36OF51 340 Gimme Shelter and a Pound of Advice budgetary /or personnel matters over which it has.some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court In compliance with Penal Code §933.05 are required and requested from: Findings -90-day Response Required Orange County Board of Supervisors: City of Anaheim: City of Brea: City of Cypress: City of Fountain Valley: City of Fullerton: City of Huntington Beach: City of Lake Forest: City of Orange: City of Placentia: City of San Juan Capistrano: City. of Santa Ana: City of Tustin: City of Villa Park: City of Yorba Linda: F1,F2,F3, F4,F5,F6,F7,F8,F9,F10,F11,F12, F13,F14,F15,F16,F17 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7, F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12, F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4,F6,F7,F8,F9,F10,F11,F12,F13,F15,F16 F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, -F16 ORANGE COUNTY GRAND JURY 20221 2023 PAGE370F51 341 Gimme Shelter and a Pound of Advice Recommendations -90-day Response Required Orange County Board of R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, Supervisors: R13, R14, R15, R16, R17, R18 City of Anaheim: R6 City of Brea: R6 City of Cypress: R6 City of Fountain Valley: R6 City of Fullerton: R6 City of Huntington Beach: R6 City of Lake Forest: R6 City of Orange: RB City of Placentia: R6 City of San Juan Capistrano: R6 City of Santa Ana: R6 City of Tustin: R6 City of Villa Park: R6 City of Yorba Linda: R6 ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE38OF51 342 Gimme Shelter and a Pound of Advice REQUESTED RESPONSES Findings -90-Day Response Requested Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13,F14,F15,F16 OC Human Resources F1, F2, F3, F4, F9 Services: Orange County County F10, F11, F17 Counsel: Recommendations -90-Day Response Requested Orange County Animal Care: R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13, R14, R15, R16, R17 OC Human Resources R1, R2, R9, R13 Services: Orange County County R10, R18 Counsel: ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE39OF51 343 Gimme Shelter and a Pound of Advice REFERENCES American Bar Association, Tort, Trial, and Insurance Practice Section. "Report to the House of Delegates Resolution 102B." 2017.Accessed September 30, 2022. Arnerican-Bar- Associatlon-TNVR-report.pdf /madd iesfund.orgl American Society for the Prevention of Cruelty to Animals. "Asilomar Accords: Definitions." 2004. Accessed January 28, .2023. Asilomar Accords; Definitions I ASPCA Association of Shelter Veterinarians "Shelter Terminology." 2017. Accessed March 25, 2023, Microsoft Word· Shelter Terminology (sheltervet.org) City of-Garden Grove. '.'Ordinance NO. 2911", 2019. Accessed January 28, 2023. 11-26- 19 cc Ordinance Amending Animal and Fire Dept Related Regulatlons.pdf City of West Hollywood:"An.Ordinance of the City of West Hollywood Establishing a Trap- Neuter-Return Program for Community Cats; Amending the Language of the Municipal Code to Reflect a Change In Nomenclature From "Feral Cats" to Community Cats"; Updating Section 9.48,080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA." November 4, 2019. "California Population." Accessed March 22, 2023. Orange County. California Populatjon 2023 (wor)dpopulatlonrevlew,com) Human Animal Support Services. "Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023. Accessed March 25, 2023. Animal Shelter Speak: Understanding Common Animal Services Jargon • HASS (humananimalsupportseryices,org) · Newbury, Sandra et al. "Guidelines for Standards of Care in Animal Shelters. The Association of Shelter Veterinarians. 20:IJl, shelter-standards-oct2011-wforward.pdf (sheltervetorg). North Shore Animal League. "Did you Know?" 2011. Accessed February 24, 2023 ~ multiply-pyramid,pdf (animalleague.org) Orange County Animal Care "Strategic Plan -2018" accessed January 28, 2023. ocac 2018 strategic plan,pdf(litaylnaUveJongbeach,orgJ Orange County;·Offlce of Performance Audit "Performance Audit of Orange County Animal Care." Final Report (#141505). Orange County California, 2015. Microsofr Word· Animal Care Report (ocl(ov,com) Orange County Grand Jury 2014-2015. "If Animals Could Talk About the Orange County Animal Shelter." 2015. Accessed January 28, 2023. Shelter Performance Y8R2 web,pdf (ocgrandJury.org} Orange County Grand Jury 2014-2015. "The Orange County Animal Shelter: the Faclllty, the Function, the Future." 2015. Accessed January 28, 2023. OC animal she)ter,pdf (ocgrandjury.org). ORANGE COUNTY GRAND JURY 20221 2023 PAGE40OF51 344 Gimme Sheller and a Pound of Advice Orange County Grand Jury 2007-2008, "Is Orange County Going to the Dogs", 2008. Accessed January 28, 2023. 2023, IS ORAN GB COUNTY GOING TO THE DOGS (9cgranc!J11ry.org) Orange County Grand Jury 2003-2004. "The Orange County Animal Shelter, Are Improvements Needed?" 2004, Accessed January 28, 2023. Microsoft: Wore! - AntmalShelterReport c!raft: 12a.doc (ocgrandjury.org). Orange County Grand Jury 1999-2000. "We Can do Better ... Improving Animal Care In Orange County," 2000. Accessed January 28, 2023. FINAL.PDF (ocqrandjury.orql ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE41 OF51 345 Gimme Shelter and a Pound of Advice APPENDIX 1 Table 1 -Adult Cat Euthanasia and TNR Rates by Quarter Adi/It. Cats _E_4thanized Adult Cat TNR as a % of A~ult Cat AsiJ9roar 0(!11;\prn!/!S net of1NR Outcomes . ·. Outcom~ll as % of adult Cat Asilomar Outcomes 2018 Q3 23.17% 40% Q4 17.27% 36% 2019 Q1 17.42% 41% Q2 26.81% 49% Q3 24.95% 47% Q4 18.77% 31% 2020 Q1 18.08% 37% Q2 42.65% 5% Q3 41.67% 4% Q4 25.50% 1% 2021 Q1 27.50% 0% Q2 27.31% 0% Q3 25.86% 0% Q4 23.21% 0% 2022 Q1 21.93% 0% Q2 30.12% 0% Q3 24.73% 0% Q4 26.26% 0% Table 2 • Adult Cat Euthanasia Sample T-Test ; _: Adult.Cats Euthanlted as a·% ·of NoilcTNR Asl.lomar Outcomes · · -··: · aa 2018 tht!l Q1.202_0 V$, Q2 2020·1hr.1.LQ4 2022 • i:..' ____ · _._· --'-'i'T,.,_N?!.R!.J.-0~·1 e,.cri,,,_cid,,_··"'Jise:.:.,,N""o-"T-"N"'R,..o::::,e:,.,"rl~od~'I\_'. __ · ___ _, !-Test: Two-Sample Assuming Unequal Variances Mean · Variance Observations Hypothesized Mean Difference df · · · I-Stat P(T <=t) one-tail t Critical one-tall ORANGE COUNTY GRAND JURY 2022 I 2023 Q3 2018 to Q1 Q2 2020 to End · 2020 of Year 2022 . 2Q.9"{!, 28,8%. ·. _ 0.001571145 0.004841058 7 11 0 16 -3.0532928 .. · 0.fJQ~79~173 1.745883676 PAGE42OF61 346 Gimme Shelter and a Pound of Advice APPENDIX2 Table 3. • Dog Behavioral Euthanasia Rates by Quarter -'• . All Dogs Euthalilzed for Beli}:ililor. · · .. as % of all Adult Doci ASILOMAR Outcomes Dogs All Dog Euthanlzed Asilomar %Dogs for Behavior Outcomes Euthanlzed 2018 Q4 8 1356 0.59% 2019 Q1 21 1385 1.52% Q2 15 1384 1.08% Q3 15 1522 0.99% .. Q4 16 1312 1.22% 2020 Q1 13 1146 1.13% Q2 7 701 1.00% Q3 13 817 1.59% Q4 13 791 1.64% 2021 Q1 8 746 1.07% Q2 10 824 1.21% Q3 18 868 2.07% Q4 49 882 5.56% 2022 Q1 27 956 2.82% Q2 44 962 4.57% Q3 23 1143 2.01% Table 4 • Dog Behavioral Euthanasia Rates 2 Sample T-Test · · . i .t: :,; ;. All Pogs Euthanlzed for J:!e.li!1Vl9f8~ f.l % of All Pog . . ·. :::.;A'i31LOMAR':0utcomes ·a42011ito ti2'.2li21 iis as 2021 to'.Q3'2022 I-Test: Two-Sample Assuming Unequal Variances .. Mean Variance Observations Hypothesized Mean Difference df · t Stat . · P(T <=t) one-tall t Critical one-tail ORANGE COUNTY GRAND JURY 20221 2023 Q4201Blo Q2 2021 ... 1,.1Jl% ... 9 .40995E-06 11 0 4 -3.109244662 0.01794~06$ 2.131846786 Q32021 to Q3 2022 . -~-•ti.% 0.000251006 5 PAGE43OF61 347 Gimme Shelter and a Pound of Advice APPENDIX 3 Orange County Grand Jury Animal Shelter Contract City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? a. What factors motivated the city to contract with the Orange County Animal Shelter? 2. What Services have you contracted for the Orange County Animal Shelter? (I.e., Shelter; Animal Control, Licensing, other) 3. What Animal control and care services does the city continue to reserve for Itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (I.e., Control, Licensing, other) 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? 5. Describe any regularly scheduled processes the city has In place to review the quality of service provided by the Orange County Animal Shelter. a.. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. b. Describe any review of the Orange County Animal Shelter and the services It provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city. d. Are Animal Shelter reviews presented to the city council for their c::onslderatlon? 6. Does your City have an appointed member of city staff to serve es liaison between the city and OC Animal Sheller management? a. How frequently does your city meet wllh the OC Animal Shelter management? 7. As It relates to the sheltering and adoption services provided by the Orange County Animal Shelter(lf any) describe your level of satisfaction or any concerns with the service and support. 8. As It relates to Animal Control services being provided (If any) describe your level of satisfaction or any concerns with the service and support. 9.-·As It relates to-Ut:ens!ng fees and processing (If any) describe your level of satisfaction or any concerns with the service and support. 10. How reasonable are the County fees for providing this service? · 11. Have members of yciu community voiced any concern with Orange County Animal Shelter pollc!es or practices. ·· a. Please provide the Grand Jury with the any of the city's complaint logs or records pertaining to the Orange County Animal Shelter . .. . 12.Are.there any Improvements In the service OC Animal Shelter provides or In the City's relationship with the Shelter you would like to see? ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE44OF61 348 Gimme Sheller and a Pound of Advice APPENDIX4 Orange County Grand Jury Independent City Shelter Survey 1. How Is the shelter organized and management governance accomplished at your Center? 2. How many cats, dogs and other animals can you shelter? 3. What services do you provide your local community? 4. How many total staff and volunteers are working or engaged with the shelter? 5. How many volunteers do you require on a dally or weekly basis? a. Do you have adequate volunteers? 6. Do you promote spay/neuter services to the members of your community? a. If yes, Is there a cost to the Individual? 7. From your perspective what are the challenges faced by your Center? 8. Does your center practice TNR (Trap Neuter Return)? a. If no, was It ever in place and then discontinued -why? b. If yes, how effective Is the program? 9. Does your center accept healthy cats and put them up for adoption? a. If yes, please describe the process. 1 o. What are the parameters that guide euthanasia at your shelter? 11. Do you have an animal behaviorist on staff? If no, why not? 12. Do you have any lnteractlon with the Orange County Animal Shelter? a. If yes, please describe. b. If no, why? 13. How Is adoption handled In your center? (Adoption by appointment system, open visits, other)? 14. Do your adoption totals Include totals transferred to rescues or does ii apply only to private parties? 15. Please provide statistics (attachment) for your center (Intake, adopted, transferred to shelter, euthanlzed, etc. by animal type for the current and past 3 years). 16. How does your center respond to complaints from the community and animal activists? 17. If tracked, please provide statistics on complaints you received. 18. Please provide intake statistics (by Cats and Dogs) for the current and 3 past years: a. Strays b. Relinquished by owner c. Owner Intended Euthanasia d. Other Intakes 19. Please provide· llve outcomes statistics (by Cats and Dogs) for the current and 3 past years: 20. Adoptions a. Return to Owner b. Transferred to another agency c. Returned to Field 21. Please provide other outcomes statistics (by Cats and Dogs) for the current and 3 past years: a. Died In Care b. Shelter Euthanasia ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE45OF61 349 Gimme Shelter and a Pound of Advice APPENDIX 5 OCAC 4th Quarter 2022 Asilomar Report Shelter Animals Count National Shelter St.1tistics Project Data Matrix uo ,.,. "' "' " .. '" • • • 0 • • • • · ·. Oll1ulnUka t1ru:luduCon.llH:d.lHnniltlris:fiv111 ·: l,J1unrnu.~l1ylnvcsOt; .. 1lo11~~P.!'!-~~".',f,l1~d :, ht11rnu111b) · · ' . Jli 111 31 l 11.f . ~,, -, __ -_Js0~'fpJ.{µwi1'~fti@miii,~·,aiiii&li•iiiiti ,\IIJll'>H ll HHAI D;f,\KF.{10 Ill ,., "' "' 1,61J.! 7 ,, 3 ,. U,j "' i._~-~-'.7_~--~--.: .• _ .. _•.,',,·. : R"urutd_t_,;,_ £!~!d(Tl\R J'.1'.,;>g;t,>~) . : . \:1 · . ·. 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'""Proof ~f ""111.,hr,/f«dlg lm1"'t1.1"119 Hf, qutlitr or •nr,s,ak~ ~ • ..to,-, prtilnl1119 • ri,I: to pu~lic •ofltr u.-r.•qi,tr.,J 1,y own,r, l"'l"t.Sf'1.,grlil, ~~rrirr. :inJ oc Anfmal care --e-- 1610Vk1o,v lu»d, 1,mlnCA 92181 ,o,l{P.!ltr!info,.,::,un ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE46 OF 51 350 Gimme Sheller and a Pound of Advice ABBREVIATIONS: ABA: American Bar Association ASPCA: The American Society for the Prevention of Cruelty to Animals ASV: Association of Shelter Veterinarians CDPH: California Department of Public Health HASS: Human Animal Support Services HSUS: Human Society of the United States OCAC: Orange County Animal Care OCCR: OC Community Resources OCGJ: Orange County Grand Jury OCHRS: OC Human Resource Services NACA: National Animal Control Association NGA: Non-government Organization TNR: Trap, Neuter, Return ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE47OF51 351 Gimme Shelter and a Pound of Advice GLOSSARY: Adoption Barriers Policies or procedures that make adoption, fostering, or volunteering a challenge. Asilomar Asilomar refers to an animal welfare industry conference held at Asilomar In Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data Into 'Asilomar' reports, pul'ilish their aata, and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics. Behavior Dogs Dogs identified as having challenging behaviors. Capacity for Care Capacity for Care is an organization's ability to appropriately care for the animals It serves. This is based on .a range of parameters including, but not limited to, the number of appropriate housing units; staffing for programs or services; staff training; average length of slay; and the total number of reclaims, adoptions, transfers, returns, or other outcomes. Community Cat An unowned cat can be social with people or not. A •community car is an umbrella definition that includes any outdoor, free roaming cat. These cats may be "Feral" (un- socialized) or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat. Feral Cats Feral cats are not socialized to, and are extremely fearful of, contact with people. Typically, they do:not respond well In captivity. A feral cat is typically born In the wild or outdoors with.little to no human Interaction. If you attempt to get too close or try to pet them, feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats. Kill / No KIii KIii / No Kill refers.to a shelters pollcy respecting euthanasia. A no kill shelter will not conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters vary along.a spectrum that reject the use of euthanasia as a primary means of population control and health management. A kill shelter will conduct euthanasia for a variety of reasons that include animal control, medical and population control, and ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE48OF61 , 352 .• Gimme Shelter and a Pound of Advice behavior. Many municipal shelters are "kill" shelters as their mandates often Include animal control. Kitten Season A busy time In the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months. Also referred to as cat breeding season. Typically kitten season is March-October but varies from place to place and In some areas Is year-round. Legal Retention The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption, for sale, or euthanizing. Live Outcome Types Adoption: an animal is adopted Return-to-Owner: an animal Is returned to the custody of their human/s. Transferred,Out: an animal Is transferred to the custody of another organization. Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, Including spay/neuter. Return to Field: pulling an animal back where ii was found, often as part of a TNR program. Live Release Rate (Asilomar Report) Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals . . . Llve:olitcomes .. are.usuaily:a·chieved through adoption, reclaim by owner, transfer to another agency or other life-saving actions Other Outcome Types Died iii Care: any animal who·died while in the custody of the shelter, not by euthanasia. · -:-1::utnanized/Killed: ·any animal whose life was ended purposefully while in custody of the organization. Rescue Groups Rescue Groups are often operated by a network of foster home-based volunteers that may or may not be associated with a standing facility. These organizations often accept difficult-to-adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE49OF 51 353 Gimme Shelter and a Pound of Advice Return to the Field An animal who has been returned to its home or habitat. Also referred to as relocate, return to community, or return to wild. Save Rate (Asilomar Report) Save Rate is lhe proportion of animals leaving the shelter alive to the total number of animal outcomes. Shelter Types Municipal: an organization that provides the animal care services of a city, county, or cities or counties. Municipal Contract: A private organization that provides contracted services for the animal care of a city, county, or cities or counties. Rescue without a Municipal .Contract: a private organization that has no affiliation to the city or county animal services. Foster based Rescue without Shelter: an organization who houses all animals In Its custody In foster homes. Sanctuary: An organi;:ation that offers animals a place to five out the remainder of their . life. Sometimes sanctuaries offer the option of adoption placement. Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources, as an alternative to death. Stray Hold The number of days a shelter must hold a stray animal before determining the outcome, as determined by local ordinances. These vary from place to place. TNR (Trap-Neuter-Return) TNR (Trap-Neuter-Return) refers to an approach for managing community cats that Is an altemative·to shelter.lmpoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the locatlon from where they were trapped. · · ·TNRcats· are ·often not taken into the custody of a spaying/neutering organization be.cause they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community. Treatable Treatable means dogs and cats with medical or behavioral Issues that can be rehabilitated and managed. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE50OF51 j 354 • Gimme Shelter and a Pound of Advice Unhealthy and Untreatable Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become healthy or treatable; or 2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal's health or Is likely to adversely affect the animal's health in the future, and are not likely to become healthy or treatable; or 3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community. DISCLAIMER ·Reports issued by the Grand Jury do not identify Individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jurv. ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 61 OF 61 355 356 California Penal Code Sections §933 and §933.05 (Note: To reduce grand jury requests for additional response infonnation, the grand Jury has boldcd those words in §933.0S which should be appropriately included in a response.) 933. (a) Each grand jury shall submit to the presiding judge or the superior court a final report or its findings and recommendations that pertain to county government matters during the fiscal or calendar year. final reports on any appropriate subject may be submitted to the presiding judge or the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report Is in compliance with this title. For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. (b) One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) No later than 90 days al'ter the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge orthe superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file In those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently Impaneled grand jury, where it shall be maintained for a minimum of five years, (d) As used in this section "agency" includes a department. 933,05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one oflhe following: (I) The respondent agrees with the finding. • (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) for purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (I) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented In the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be Implemented because it Is not warranted or is not reasonable, with an explanation therefor. (c) However, !fa finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond If requested by the grand Jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which It has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the Investigation, unless the court, either on its own determination or upon request of the foreperson of the grand Jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion or the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release or the final report. 357 Appendix 3: Orange County Grand Jury Animal Shelter Contact City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? The City of Huntington Beach has been in contract with the Orange County Animal Shelter since 1995. Please see attached service contract. a. What factors motivated the city to contract with the Orange County Animal Shelter? OCAC provides a wide variety of services needed for the citizens of Huntington Beach. Please see service contract attached outlining these services. 2. What services have you contracted for the Orange County Animal Shelter? (i.e., Shelter, Animal Control, Licensing, other) We contract for Animal Control, Licensing, Shelter, Impound, and Barking Dog Complaints. Please see attached service contract outlining these services. 3. What animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) Coyote Management Services. 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? The current contract term is 10-years and expires in May 2026. The contract is reviewed annually. 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. There are occasional site visits, but none of which are regularly scheduled. The City relies on periodic reports provided by the agency. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. Reviews specific to the Animal Shelter have not been conducted. b. Describe any reviews of the Orange County Animal Shelter and the services it provides as part of the Shelter contract review and renewal. Reviews specific to the Animal Shelter have not been conducted. c. Who conducts Animal Shelter reviews for the city? Although the Huntington Beach Police Department would be the designated reviewer, no reviews specific to the Animal Shelter have been conducted. d. Are Animal Shelter reviews presented to the City Council for their consideration? Reviews specific to the Animal Shelter have not been conducted. 358 6. Does your City have an appointed member of city staff to serve as liaison between the City and OCAC management? A Captain of the Huntington Beach Police Department serves as the liaison between the City and OCAC. a. How frequently does your city meet with OCAC management? OCAC hosts monthly meetings, or as needed. 7. As it relates to the sheltering and adoption services provided by the OCAC (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach has no sheltering concerns and does not have experience with the adoption services provided by OCAC. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach is generally satisfied with the contracted services provided by OCAC. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach is generally satisfied with the licensing fees and processing services provided by OCAC. 10. How reasonable are the County fees for providing this service? The fees for services seem to be in line with industry standards. 11. Have members of your community voiced any concern with OCAC Shelter policies or practices? The City has received emails and electronic messages regarding concerns with OCAC. a. Please provide the Grand Jury with any of the city's complaint logs or records pertaining to the Orange County Animal Shelter. The Huntington Beach Police Department met with OCAC regarding this correspondence. Please see the attached PowerPoint presentation provided during that meeting. 12. Are there any improvements in the service OCAC provides or in the City's relationship with the Shelter you would like to see? The City of Huntington Beach is generally satisfied with the service and communication provided by OCAC. 359 360 AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH MAY 31, 2016 THROUGH MAY 30, 2026 THIS AGREEMENT entered into this 31 ST day of May 2016, which date is enumerated for purposes ofreference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of California (COUNTY) and the CITY OF HUNTINGTON BEACH (CITY). This Agreement shaU be administered by County of Orange OC Community Resources (AD!v!INISTRATOR). WIT NESSETH: 'NH.EREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care Services described herein; and \VHEREAS, COUNTY is willing and able to provide such services on the teims and conditions hereinafter set fo1th: II II II II II II II II II II II II II II II II NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 361 ! II REFERENCED CONTRACT PROVISIONS Term: lvlA Y 31, 2016 through MAY 30, 2026 Notices to COUNTY and CITY: COUNTY: County of Orange CITY: II II II II II II II II II II II II II II II II OC Community Resources Director's Office l 770 N01ih Broadway Santa Ana, CA 92706-2642 and County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange, CA 92868 City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Cf!'\' OF HUNl1NGTON BEACH 3 of? 362 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall prnvide evidence of such insurance. III. NOTICES A. Unless otherwise specified, all notices, claims, coJTespondence, repo1is and/or statements authorized or required by this Agreement shall be effective: I . When written and deposited in the United States mail, firnt cla~s postage prepaid and addressed as specified on Page 3 of this Agreement or othe1wise directed by ADll1INISTRA TOR or CITY; 2. 'When FAXed, transmission confirmed; 3. When sent by electronic mail; or 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service, B. Tennination Notices shall be addressed as specified on Page 3 of tlus Agreement or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. C. Each paiiy shall notif}• the other paiiy, in writing, within twenty-four (24) hours of becoming aware of any occun-ence of a serious natnre, which may expose either party lo liability. Such occunences shall include, bnt not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY. D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by ADMINISTRATOR, IV. SEVERABILITY If a comt of competent jurisdiction declares any provision of this Afc,>rcement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state, or county statute, ordinance, or regnlation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining prnvisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. V. STATUSOJ<'THEPARTIES Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the maimer in which it performs the se1vices required of it by the tenns of this Agreement Each paity is entirely responsible for compensating staff and consultants employed by that party. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either party's employees,' agents, consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its CITY OF HUNTINGTON BEACH 5 of? 363 vrrr. THIRD PARTY BENEFICIARY Except to the extent provided for in Section Vil above with respect to other contracting cities, neither party hereto intends that this Agreement shall create rights hereunder in third parties including, but not limited to, any subcontractors or any clients provided services hereunder. IX. WAJVEROFDEFAULTORBREACH Waiver of any defaull shall not be considered a waiver of any subsequent default Waiver of any breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach shall 1101 be considered a modification of the te1ms of this Agreement. IN VlJTNESS \VHEREOF, the pa1ties have executed this Agreement, in the County of Orange, State of California. CITY OF HUNTINGTON BEACH ATTEST: DATED:_?_··_!{_. _«_o_l..__y, __ CITY CLERK APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH 7 of7 364 EXHIBIT A TO AGREEJvlENT FOR PROVJSION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31, 2016 THROUGH MAY 30, 2026 I. DEFINITIONS A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this Agreement. B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide Lo CITY, the estimated cost of the services, and the effective date. C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified, by category, in Paragraph TI.B. of Exhibit A to this Agreement. D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this Agreement. E. "Fiscal Year" means a twelve (12)-month period from July through June. F. "!\Jet Cost" means Actual Cost minus Fee Revenue. G. "Service Details" mean the activities petfonned by COUNTY within an Animal Care Service category. II. SERVICES TO BE PROVIDED BY COUNTY A. ANIMAL CARE NOTICE OF INTENT 1. Annually, by March l, CITY shall identify which of the Animal Care Services, specified below in subparagraph TI.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree lo individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health. 2. Annually, by April 1, COUNTY shall prepare and send lo CITY an Animal Care Notice of Intent which shall include, but not be limited lo, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY. CffY OF HIJNrlNGTON BEACH I of 6 EXHIBIT A 365 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent witb standards established by the California Veterinaiy Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement. b. CITY may request additional retention days for healthy, non-aggressive impounded . . aninials. Additional retention days will be offered to CITY upon written approval by COUNTY's OC Community Resources Director, or designee, on a space available basis only. c. COUNTY agrees to maintain its Shelter in a humane manner, consistent with applicable laws, keep said premises in a clean condition at all times, and use humane methods of care consistent with applicable laws. d. No animals may be donated, sold or othe1wise released for the purposes of experimentation, research or vivisection. 4. BARKJNG DOG COMPLAINT SERVICES -Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding bai'king dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY. 5. STANDARD LICENSING SERVICES -Standard Licensing Services include, but are not limited lo, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and deliuquent animal license follow-up. 6. CITY LICENSE SERVICES a. Ci1y License Services include, but ai·e not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shaH provide CITY licensing tags to COUNTY. COUNTY shall provide quaiterly licensing rcpmts to CITY. b. CITY shall make its best effort to provide updated animal licensing info1mation to COUNTY. 7. ANIMAL IMPOUND SERVICES -Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY. C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY. D. Animals whicb are being retained for criminal prosecutions, except for violations of animal CITY OF HIJNTJNGTON BEACll 3 of6 EXHIBIT A 366 2. If payment is not received by COUNTY by the payment due date specified above in subparagraph IllB. of Exhibit A to this Agreement, COUNTY may cease providing any fu1iher service under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 3. COUNTY may modify the payment schedule upon six (6) months written notification to CffY. IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE A subcommittee of tbe Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication betv,een OCAC and the city managers and staff of paiticipati_ng cities regarding financial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services Agreements; supp!\,mental services or financial requests whicb result in a change to a participating city's Actual Cost; consideration of new or adjusted fees; and other Service Details which may arise during the course of the Agreement. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Committee and to a pruticipating city upon request. V. LAWSANDREGULATIONS A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and slate statutes deemed applicable to CITY by COUNTY. Animal Cru-e Services provided by COUNTY to CITY may be changed to· comply with said laws, regulations, and requirements. ADMINISTRATOR will make its best effo1is to notify CITY of changes that may impact Animal Care Services provided tll1'ough this Agreement. B. For each Animal Cai·e Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply lo said service, including but not limited to, those related to fees. ADMTNISTRA TOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may tenninate this Agreement. It is solely the responsibility of CITY to inm1ediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY. D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY ailimal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepailt CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY. CITY OF HUNTINGTON BEACH 5 of6 EXHIBIT A 367 VII. RECORDS A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this Agreement are confidential. COUNTY agrees to keep said records i11 such form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times. B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost lo CITY. Any such info1mation requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to government code. Prior to each disclosw-e, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and understand that this procedure is required by the Public Records Act and necessitated to pennit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records, and permitted by state law to disclose them voluntarily. II II II II II II II II If If If II II II ff If fl II II fl II fl CIT\' OF HUNl'JNGTON BEACH 7 of6 EXHIBIT A 368 Occ~Rffi~{;~ity Resources Our Community. Our Commitment, STEVE FRANKS DIRECTOR OC COMMUNITY RESOURCES JENNIFER HAWKINS, DVM OIHECTOR OC ANIMAL CARE RENEE RAMIREZ INTERIM DIRECTOR OC COMMUNITY SERVICES lULlA UIDWl::LL INTERIM DJRECTOR HOUSING & COMMUNllY DEVELOPMENT & HOMELl::SS PREVENTION STACY ULACKWOOD DlRECTOR OC PARKS HELEN FRIED COUNTY LIBRARrAN OC PUBLIC LIBRARIES ,. 561 rur: CllY DRIVE SOUTH ORANGE, CA 92868 PHONE: 714,935,6848 FAX: 714,935,6373 I August 17, 2016 l City of Huntington Beach Attn: Robin Estanislau 2000 Main Street I Huntington Beach, CA 92648 : Dear Ms. Estanislau, Re: New Shelter Participation and Services Agreements Enclosed is the fully executed original Orange County Animal Care Services Agreement and the Shelter Participation Agreement between the City of Huntington Beach and OC Animal Care. If you have any questions, please contact me at 714.796.6415 or via e-mail at Ariana.Mandujano@occr.ocgov.com. Thank you for your assistance in this matter. Regards, Ariana Mandujano Staff Specialist 369 EXHIBITB TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31, 2016 THROUGH MAY 30, 2026 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: JULY 1, 2023, through JUNE 30, 2024. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning JULY I, 2023: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Se1·vices specified above is $1,635,330 . ~ This is a new Animal Care Notice of Intent for the Period indicated above. D This is an Amendment to an existing Animal Care Notice oflntent for the Period indicated above, Significant Changes Since the Previous Animal Care Notice of Intent: To the best ofmy knowledge, this notice speci ~~1e Ani_1~al Care Services to be provided by COUNTY. 12-,'-(~ ~1LL,y CITY 01' IIUNTINOTON BEACH , M t tJ l '5 ~ V(::;"" uf$. .4P f: <..t./2-s:/?-~ epresentative and Title Date ~ 1 of 1 By : ~~-=-=-1-=-\W.-:--7"' ClTY OF 1-tUNTI TON BEACH EXHIBITB SCHOOL SHOOTINGS: HOW PREPARED ARE ORANGE COUNTY PUBLIC SCHOOLS? COUNTY OF ORANGE Grand Jury 2022-2023 370 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 2 OF 59 Table of Contents SUMMARY ...................................................................................................................... 3 BACKGROUND .............................................................................................................. 4 REASON FOR STUDY ................................................................................................... 6 METHOD OF STUDY ...................................................................................................... 7 INVESTIGATION & ANALYSIS ....................................................................................... 8 School Shootings Background ..................................................................................... 8 School Resource Officers (SROs) ............................................................................... 9 Implementing a School Tip Line ................................................................................ 12 Safety of Before and After School Programs on School Sites ................................... 13 Monitoring Campuses ................................................................................................ 14 Advanced Technology ............................................................................................... 15 Protective Covering/Tinted Windows ......................................................................... 15 School Active Shooter Training ................................................................................. 16 School Active Shooter Tabletop Exercises ................................................................ 18 Arming Teachers and Staff ........................................................................................ 20 Visitor Management System ...................................................................................... 21 Annual Safety Inspection ........................................................................................... 22 Homeland Security K-12 School Safety Checklist ..................................................... 22 Campus Entry Procedures ......................................................................................... 23 Available School Safety Training Resources ............................................................. 24 Mental Health Issues ................................................................................................. 27 FINDINGS ..................................................................................................................... 30 RECOMMENDATIONS ................................................................................................. 32 REQUIRED RESPONSES ............................................................................................ 34 GLOSSARY .................................................................................................................. 37 REFERENCES .............................................................................................................. 42 APPENDICES ............................................................................................................... 43 Appendix A ................................................................................................................ 43 Appendix B ................................................................................................................ 44 Appendix C ................................................................................................................ 46 Appendix D ................................................................................................................ 51 Appendix E ................................................................................................................ 54 371 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 3 OF 59 SUMMARY The Center for Homeland Defense and Security, in coordination with the Federal Emergency Management Agency, maintains a K-12 school shooting data base. Some of their statistical findings are: • There have been 2,069 school shooting incidents between 1970 and June 2022 • As a result of those shootings, 684 students and staff have died • In the same time period, 1,937 students and staff were injured • California, Texas, and Florida are the states with the most school shooting incidents. The 2022-23 Grand Jury, during its investigation, interviewed members of law enforcement agencies on the subject of safety and security in our public schools. Almost everyone interviewed advised the Grand Jury that it is not a matter of IF an Orange County campus will be a victim of an active shooter incident, but WHEN one of our campuses will be a victim. Orange County schools must be prepared and vigilant to do all that can be done to prevent another Nashville, Uvalde, Saugus, Parkland, Newtown, or Littleton school shooting from taking place here. Based on its investigation, the Grand Jury believes that Orange County public school districts are doing a good job in attempting to maintain safe and secure campuses for their students. However, there is always room for improvement. This investigative report makes recommendations for improvement in the following areas: • Building and equipment infrastructure • Training and training materials available for all personnel responsible for student safety and welfare • Implementation of tabletop exercises throughout all Orange County school districts • The need for more School Resource Officers (SROs) • Increased coordination of responsibility between school staff and law enforcement • Increase awareness and address mental health issues • Increase fiscal commitments to implement identified school safety measures. “You can’t wait to care until it happens to you” Mia Tretta-Los Angeles Times, 11/24/22 (Survivor of the 2019 Saugus High shooting) 372 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 4 OF 59 BACKGROUND 2017-18 ORANGE COUNTY GRAND JURY “SAFER SCHOOLS – WHAT CAN WE DO?” REPORT AND REPORT RESPONSE FOLLOW-UP The 2017-18 Orange County Grand Jury issued a report titled Safer Schools – What Can We Do? Because school shootings continue to dominate the news and cause concern among students, faculty, staff, and parents, the 2022-23 Orange County Grand Jury decided to follow up on the 2017-18 Report responses as a part of its own investigation of school safety. The 2017-18 Report provides an important segue into the 2022-23 investigation of school safety. Below is the Summary, The Reason for the Study, and a summary of the recommendations from the 2017-18 Grand Jury Report: SUMMARY “Breaking News --- Another school shooting has just occurred! These words strike terror in the hearts of all parents as they pray that it has not occurred in their community. The frequency of violent events on school campuses across the nation is alarming. What are Orange County public school districts doing to minimize the threat of violence on campuses? Although Orange County public school districts are focused on minimizing the possibility of campus violence, there exists a considerable disparity between schools’ readiness in some districts compared to others. Whether it is fencing, visitor protocols, communication devices, or the use of identification badges, the main differentiating factor is each district’s access to funding sources for security measures. Schools in districts that have not passed school bond measures or have been unable to obtain grants have increasingly had to turn to local communities, including parents, for material support. Schools struggle to find both time and money to address competing priorities of improving academic achievement while preparing for the very real threat of school violence. 373 288 e school shootings i n the United States sinoe 2009 l ♦I Canad!a 2 ■ ■ France 2 ~-German1y • Japa1n ■ ■ Italy Basea on CNN an.all(sis of news repotls SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 5 OF 59 REASON FOR THE STUDY School safety is a responsibility we all share. It is difficult, if not impossible, to prevent all violent events on campus, but schools are expected to provide a reasonably safe environment for both students and employees. School administrators have a critical responsibility to prepare for such events in order to protect the students and staff within the Orange County school system. No one has all the answers, but through conversations and working together, solutions continue to evolve and improve. The primary purposes of this [2017-18] study are: • To assess how well Orange County public schools are controlling access to campuses during school hours. • To provide school districts, boards, principals, and parents with information to improve preparation for violent school events. • To stimulate county-wide discussion identifying underutilized resources and to share problem-solving strategies. • To develop recommendations which can help school districts ensure schools implement their safe school programs.” RECOMMENDATIONS The 2017-18 Grand Jury recommended that school districts should: • explore all possible funding sources • re-evaluate the lack of secure fencing on all school campuses • maintain a complete daily log of every visitor and volunteer entering and exiting the campus • require photo identification of all campus visitors and volunteers before a visitor’s badge is issued • require all faculty and staff to wear visible photo ID badges while on campus • issue ID cards in a format to be worn as student ID badges while on campus • issue two-way radios or equivalent communication devices enabling instant two- way communication with the office • record, track, and report to the district office all campus incidents of unauthorized access • perform a school security assessment to evaluate their current school safety plan. 2022-23 ORANGE COUNTY GRAND JURY FOLLOW UP The 2022-2023 Grand Jury decided to follow up on School District Responses to the 2017-18 Grand Jury’s recommendations as part of its own investigation into school safety. In their 2017-18 responses, 26 of the 28 public school Superintendents committed their District to further analysis and/or future action in response to Grand Jury Recommendations. The collective number of commitments made by the 26 districts was 88. In a September 2022 letter from the Orange County Grand Jury, the 26 Superintendents were reminded of their commitments and asked if their respective 374 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 6 OF 59 districts had followed through on those commitments. The responses from the districts were gratifying. Multiple commitments had been fulfilled in response to each of the nine Recommendations included in the 2017-18 Grand Jury Report. Twenty districts that had committed to further analysis, and/or future action, reported having fulfilled all 69 of their commitments. Four districts reported having fulfilled 8 of their 13 commitments, with each district having fulfilled at least 50% of its commitments. Two districts, which had made three commitments each, responded stating that none of their commitments had been fulfilled. Except for the two districts that failed to fulfill any of their six commitments, the 2022- 2023 Grand Jury believes that students, faculty, staff, parents, District Boards of Education, and communities can be pleased with what their districts have accomplished in their efforts to improve School Safety in response to the Grand Jury 2017-18 Report. While it is indisputable that much has been achieved during the past five years to make Orange County public schools safer, there is still much to be done. This new report includes recommendations that, if implemented, will make the schools even safer. While it is true that no school will ever be totally safe from intruders, it is the responsibility of school boards, school administrators, and law enforcement to make them as safe as possible. REASON FOR STUDY According to the Centers for Disease Control and Prevention (CDC) and the Kaiser Family Foundation (KFF) firearms are now the leading cause of death among children ages one through eighteen. The Center for Homeland Defense and Security (CHDS) in conjunction with the Federal Emergency Management Agency (FEMA), maintains a K-12 school shooting data base as part of their Homeland Security program. Some of the important statistical findings are as follows: • There were 2,069 school shooting incidents between 1970 and June 2022 • For the above time frame, 684 students and staff died in shootings at schools • 1,937 were injured • California, Texas, and Florida were the states with the most incidents. The Washington Post stated more than 338,000 students across the nation have experienced gun violence in their schools since 1999. The 2022-2023 Grand Jury, based on its investigation, believes that Orange County public school districts are doing a good job in attempting to maintain a safe and secure campus for their students and school personnel/staff. 375 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 7 OF 59 During almost every interview of the members of law enforcement, the Grand Jury learned that it is not a matter of IF an Orange County campus will be a victim of an active shooter but WHEN it will be a victim. Therefore, the reason for this study by the 2022-2023 Grand Jury is to use all the information it learned through its method of study and provide recommendations to all the Orange County public schools on how they can make their schools safer for all their students, teachers, and staff while maintaining a quality campus learning environment. Recommendations for improvement will be made in the following areas: • Building and equipment infrastructure • Training and training materials available for all personnel responsible for student safety and welfare • Implementation of tabletop exercises throughout all Orange County school districts • The need for more School Resource Officers (SROs) • Increased coordination of responsibility between school staff and law enforcement • Increased awareness of and address mental health issues • Increased fiscal commitments to implement identified school safety measures. METHOD OF STUDY The Grand Jury accumulated the information for this report from the following sources: • 2022-2023 Grand Jury School Safety Questionnaire for all public schools (41 questions) (See Appendix E) • 2022-2023 follow-up on commitments made by Orange County school districts in response to the 2017-2018 Grand Jury report titled “Safer Schools-What Can We Do?” and the Recommendations contained in that published investigation • Local/national news stories over several years and past Grand Jury reports in Orange County and other California counties • Training videos of school violence prevention and casualty care • School safety materials and procedures • Public school district websites • Comprehensive School Safety Plans of Orange County public schools • Active shooter drills at several schools • Tabletop exercises at several schools • A Knowledge Saves Lives training session at a local public school • The Orange County Intelligence Assessment Center (OCIAC) • Safety measures in place at several schools. The Grand Jury interviewed: • Principals from a number of Orange County elementary, middle, and high schools 376 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 8 OF 59 • Representatives of Orange County school districts and other personnel responsible for school safety and risk management • Orange County Sheriff’s Department (OCSD) personnel including those responsible for public school safety • Selected local city law enforcement personnel responsible for public school safety INVESTIGATION & ANALYSIS School Shootings Background On May 24, 2022, television networks across the United States broadcast the horrific news that once again a mass shooting was taking place on an American school campus. The country watched in horror as a young man spent over seventy minutes brutally gunning down defenseless elementary school students after gaining entry to their school, Robb Elementary in Uvalde, Texas. When law enforcement eventually breached the door into a classroom, they shot and killed the assailant, but only after he had taken the lives of nineteen children and three adults. In addition, eighteen others were hospitalized with gun-shot wounds. The sad reality is that this type of terrible incident is all too common in our nation. Teachers, school staff, and students have become very familiar with terms like “lockdown drills”, “shelter-in-place”, “Run, Hide, Fight”, “Distance, Evade, Engage”, and more. The many mass shootings have forced scores of individuals who entered the teaching profession to engage in soul-searching about their personal safety as well as that of their students. Many educators are faced with deciding whether to remain in the profession. How did we get to this sad situation? History shows us that Uvalde was not the first mass shooting in a school, and law enforcement officials tell us that it will not be the last. According to the 2022 “Report on Indicators of School Crime and Safety 2021” published by the Institutes of Educational Sciences in coordination with the U.S. Department of Education, U.S. Department of Justice, and others, “nonfatal victimization including theft, bullying and criminal victimization went down sixty percent between 2019-2020”. In contrast the report showed that “there were a total of 93 school shootings with casualties at public (and private) elementary and secondary schools in 2020-21—the highest number since 2000-01.” According to the School-Associated Violent Death Surveillance System (SAVD-SS), “school shootings are defined as incidents in which a gun is brandished or fired on “More than 338,000 students have experienced gun violence at school since Columbine through 366 school shootings since 1999.” (Washington Post 4/17/23) 377 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 9 OF 59 school property or a bullet hits school property for any reason, regardless of the number of victims, time of day, day of the week or reason.” The SAVD-SS study showed that the year 2020-21 was the first time since this information was gathered that less than half of schools that had shootings were high schools. This is essential information that all school districts and their schools should consider when developing safety plans. In 2018, California Governor Jerry Brown signed into law Assembly Bill 1747, “School Safety Plans”, which added Section 32281(a) to the California Education Code (EC), requiring every K-12 public school to develop and maintain a Comprehensive School Safety Plan (CSSP). The California Department of Education (CDE) stated that these plans are to “address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel.” If a school district has fewer than 2,501 average daily attendance, then the district may create one CSSP for all the schools in that district. The law does require that stakeholders be engaged in the creation of the CSSP along with school personnel. Each school must update and adopt its CSSP annually by March 1st. That plan must then be submitted to the school district for approval. Each district is required to annually notify the CDE by October 15 of any school(s) that have not complied with the requirements of the law. While it is truly fortunate that Orange County schools have not experienced this type of violence, numerous law enforcement and school officials say it is not a matter of “if” but “when”. Our schools must be prepared and vigilant to do all that can be done to prevent another Covenant School (Nashville), Robb Elementary (Uvalde), Saugus High (Saugus), Stoneman-Douglas High (Parkland), Sandy Hook (Newtown), or Columbine (Littleton) from taking place here. (See Appendix ‘A’ for a listing of school shootings in the United States since 1999; see Appendix ‘B’ for CDE’s Comprehensive School Safety Plan requirements.) School Resource Officers (SROs) “It was after school hours in May 2022 when South Carolina school resource officer (SRO) Kyle Doiron of the Richland County Sheriff’s Department got a message from a student at the high school where he works. The student forwarded an Instagram photo in which another student posed with a firearm.” The next day, the SRO called the boy in the photo out into the hallway. Inside the student’s backpack, “…he found a 9 mm Taurus handgun, with a loaded magazine and a cartridge in the chamber… At that point, Doiron arrested the student and placed him in handcuffs… Since the officer is on the high school campus every day, he has developed a relationship with students such “School is the last place where kids should have to worry about gun violence. Our children deserve better.” (Everytown Report, 8/22) 378 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 10 OF 59 that they are comfortable talking to him.” After this incident, Officer Doiron said, “If our school didn’t have an SRO program, there could have been another shooting and we could have lost another child to gun violence.” (NASRO website, March 23, 2023) While this incident took place on the other side of the country, it illustrates the importance and value of having SROs on school campuses. What exactly is an SRO? The U.S. Department of Justice defines a School Resource Officer as a “sworn law enforcement officer responsible for safety and crime prevention in schools.” Employed by a local police or sheriff’s department, they work closely with school administrators for the purpose of creating a safer environment for students, faculty, and staff. SROs are asked to be educators, informal counselors, and law enforcers, often called “The Triad of SRO Responsibility”. As they are sworn officers, they have the authority to make arrests, respond to calls for service, and document incidents. In the other two roles they work with students as mentors and role models. It is estimated by the National Association of School Resource Officers (NASRO), that there are between 14,000 and 20,000 SROs currently working for law enforcement agencies across the nation. SROs are funded by the law enforcement agency itself or by cities/school districts where they are assigned. They should be trained in school-based law enforcement as well as crisis response. Education Week reported in a November 16, 2021, article that: “In practice, it’s not clear how many school police actually have had this training or similar types as States set different requirements for what training SROs need to have before working in schools, and some SROs report feeling unprepared for the job… In a 2018 Education Week Research Survey of SROs, about 1 in 5 respondents said they didn’t have sufficient training to work in a school environment, only 39 percent said they had training on child trauma, and about half said they hadn’t been trained to work with special education students.” Training is available through local agencies as well as the NASRO. An officer appointed to an SRO position should be given the appropriate training to be effective. All Orange County Sheriff’s Department SROs interviewed by the Grand Jury indicated that they had received the required training. Figures from the Education Week Research Survey show that in 2017-18, about 45% of schools had an SRO in place at least once a week and 13% reported having police on campus who were not SROs. There has been a large increase in the number of law enforcement agencies that employ SROs because of the increase in school shootings after Columbine in 1999. This mass shooting incident was the impetus for the U.S. Department of Justice to offer Community Oriented Policing Services (COPS) grants to school districts to increase the number of SROs. Available grants can help off-set the costs of securing the services of SROs. In 2021, out of a $386 million budget, $156.5 “School Resource Officers play an important role in school violence prevention” (U.S. Secret Service report, Averting Targeted School Violence, 2021) 379 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 11 OF 59 million was authorized for the COPS Hiring Program (CHP) along with another $11 million for Preparing for Active Shooter Situations (PASS) and $53 million for the School Violence Prevention Program (SVPP). The CHP program provides 75% of the approved entry-level salaries and fringe benefits of each hired officer, up to $125,000 per officer position for 36 months of salary support. In addition, groups such as the National Association of School Resource Officers (NASRO) offer attractive grants for the express purpose of hiring SROs. However, funding remains a huge obstacle for cities, school districts, and law enforcement agencies. For example, following the 2018 mass shooting at Stoneman- Douglas High School in Florida, the governor at the time ordered an armed security officer be placed on the campus of all 4,200 public schools in the state at a huge cost. The Grand Jury found that Orange County is fortunate that the Sheriff’s Department (OCSD) and most city police departments (PDs) interviewed have a number of Deputies or officers who serve as SROs. Many who were interviewed shared that they take the position very seriously especially because their own children are in Orange County public schools. However, funding is a major factor in the number each agency is able to put into service. While the men and women who serve as SROs are highly dedicated, many current SROs in the county are assigned far too many schools to effectively fulfill their responsibilities. Most SROs in the county are assigned to high school campuses and must also cover a number of middle/elementary schools that feed into the high school. The agency with the most SROs is the OCSD with 17 serving over 125 schools, located primarily in south Orange County. The Anaheim PD currently has two SROs to cover approximately 62 public schools with an Anaheim address. Fullerton PD has four SROs in four Fullerton Union High School District schools, yet approximately 20 elementary/middle schools in the Fullerton (Elementary) School District do not have an SRO, relying on patrol officers to be their contact with the police department. The City of Orange PD has one SRO for approximately 28 schools, while a small city and district such as Los Alamitos has one SRO for four schools. Santa Ana is the only school district that has its own police department. They field 28 sworn officers plus 42 site safety officers for 61 schools. These figures, while not covering all police departments and cities, illustrate that law enforcement agencies around the county have put varying resources into their SRO programs. However, current SRO resources are far from an optimum number of personnel for the 635 public schools in Orange County. Most law enforcement members interviewed by the Grand Jury clearly indicated that not every school needs an SRO on “…in nearly one-third of the cases, an SRO played a role in disrupting an attack plot.” (U.S. Secret Service report 2021) 380 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 12 OF 59 campus, with most of the need being found on high school and middle school campuses. However, the question remains as to why there are not more law enforcement personnel assigned to this important role. Two prominent factors are impacting the number of SROs. First is the reality that most law-enforcement agencies are short-staffed and have increasing difficulty hiring qualified individuals which results in many officers being assigned to patrol duties to cover a city’s needs. Second is the ever-present issue of funding. SRO positions, as mentioned earlier, are usually jointly funded by a law enforcement agency, a city, and/or a school district. The range for law enforcement salaries in Orange County is from $50,000 to $124,000 plus benefits. Orange County school districts, city police departments, the sheriff’s department, and city governments are strongly encouraged to work together to provide SROs on as many school campuses as financially feasible. Effectively utilized, SROs become informal counselors, role models, and mentors to students, many of whom might otherwise see police in a negative light. If students see an SRO on their campus on a regular basis, most will become comfortable with the idea of speaking with that officer which in turn forms a valuable relationship. “Building strong relationships helps keep schools safe; when young people build trusting relationships with SROs, they learn lessons that can remain with them into adulthood and throughout their lives.” (Marin County Civil Grand Jury Report, 2019) Implementing a School Tip Line Students will often have the earliest and most knowledge of potential threats in a school community. Unfortunately, it is often the case that students are afraid to report threats when they become aware. Depending on their features, tip lines may offer low-cost solutions for the purpose of acting upon reported information of potential violent acts taken from social media, including but not limited to phones, web portals, and other electronic messaging. Tip lines may help prevent school violence by: • Breaking the code of silence by giving a voice to students • Increasing the likelihood that threats will be reported by providing a confidential means of reporting • Encouraging students to “see something, say something” Necessary requirements for a successful school tip line: • Students must have easy access to the tip line • Students must be able to trust that the tips they report will result in appropriate action • Students must be able to trust that their identities will be kept confidential 381 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 13 OF 59 The Grand Jury recommends that all public schools in Orange County, if they have not already done so, implement a tip reporting mechanism for all students and staff to confidentially report potential acts of violence on their school campus. Safety of Before and After School Programs on School Sites How safe are Orange County students in on-campus before and after school programs? Imagine one day, elementary students are sitting at school lunch tables, with classes over for the day, doing homework, art, or other activities; now a shooter walks onto the campus. Maybe the students are in a prefabricated bungalow at the back of the campus, away from any lingering staff’s attention, sheltered by thin walls that are easily pierced by bullets. Will our schools be prepared when that eventually happens? When developing safety and security plans for K-12 schools in Orange County, school districts should take extra steps to ensure that their plans include measures to prepare on-campus before and after school programs’ staff for active shooter incidents. This can be a challenge as many of these programs throughout Orange County are outsourced to vendors such as the YMCA Child Care Program, Boys and Girls Club, or Kids Factory. Before and after school programs offer valuable school care for many families throughout Orange County. It is critical that the staff of these vendors be provided active shooter training, either along with school staff or independently. Many vendors that offer before and after school programs have their own safety protocols, but they might not be as extensive as those within Orange County school districts. Each school district should review not only their own safety plans, but those of their vendors who provide before and after school programs to ensure that best practices are followed. If direct participation in school districts’ active shooter training by outside vendors is not feasible, Orange County school districts have an obligation to ensure that those programs have established best practices in preparation for active shooters. Any gap in active shooter training for employees of vendors providing before and after school care should be addressed. A willingness to negotiate may be required between school districts and vendors to achieve a synergy among their safety policies and protocols. A U.S. Secret Service Analysis of Targeted School Violence has concluded that in any given year, violence on school campuses occurs before or after school hours 26% of the time. This is a significant degree of risk to our children’s safety and should be addressed in all Orange County school districts’ safety plans. Collaboration between SROs and school administrators is an important component for the integration of before and after school programs within school safety plans. All Orange County school districts that have SROs should involve them in the process of updating school safety plans to ensure that before and after school programs are integrated into active shooter protocols and procedures. 382 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 14 OF 59 Monitoring Campuses Security cameras may help school administrators monitor people who enter the campus and determine if there are people who should not be on school property. Security camera technology has improved in recent years, and all Orange County school districts should obtain and incorporate camera systems throughout their campuses. Some Orange County school districts lack cameras in all elementary schools leaving them unable to monitor school violence, crime, or intruder activity as well as gathering evidence of those events. Advanced technologies such as Artificial Intelligence (AI) powered school surveillance cameras, motion detection, people counting, thermal imaging cameras, and others are becoming more commonly used on school campuses throughout the United States as incidents of violence increase. Through AI technology, school staff can use facial recognition to monitor people entering and exiting the campus in real-time, thus increasing enhanced situational awareness. Although some parents and students may feel security cameras can be intrusive, they can significantly increase safety. AI technology can assist school administrators in tracking the number of students entering school at the beginning of the school day and how many students exited the campus during an evacuation. AI technology can help school districts with limited budgets make their current security devices perform more effectively. Facial recognition and perimeter detection are key improvements that AI brings to camera monitoring systems. Such advancements alert the security staff by raising real-time alarms upon detecting any unauthorized face or suspicious activity. Orange County school campuses should have security cameras at strategic locations including entrances, hallways, stairwells, libraries, and parking lots. This level of coverage could give school administrators the ability to detect unfolding active shooter incidents and other emergencies. 383 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 15 OF 59 Although security cameras cannot stop an active shooter, the simple presence of security cameras throughout school campuses can aid school security teams and local law enforcement in their responses to emergencies and provide evidentiary footage in their investigations. There are many choices of security monitoring systems in a wide price range such as: • Dome Security Cameras: Their wide-angle lens allows for maximum coverage. • Bullet Security Cameras: They provide high definition, crisp photos even in dim light. They attach to walls or ceilings and can be positioned in any direction. • PTZ Security Cameras: They are similar to dome cameras but have the ability to pan, tilt, and zoom. Advanced Technology The safety of students and staff should be a top priority for schools. Gaps in security can leave schools vulnerable. Current advanced technology can computerize manual processes that may leave schools open to potential security risks. Schools need to make sure that their security systems are contemporary and able to protect students and staff from any potential threats. Some advanced school security trends are as follows: • A Visitor Management System (VMS): Schools can use this system to help ensure the safety and security of their campuses. This system eliminates manual logs while simplifying check-ins as well as providing background screening for visitors. Most systems will flag registered sex offenders and child custody orders. • Perimeter Security Systems: From cameras to license plate readers and access control systems, these tools provide real-time monitoring that protects against potential threats. Automated license plate recognition (ALPR) cameras are an asset in emergency situations, providing useful information for response and investigative purposes. By staying up to date on the latest advances in school security technology, school administrators can make sure that their schools remain as safe as possible for all students and staff. The Grand Jury recommends to all school districts that as funding becomes available for school security, school districts consider implementing the advanced technology solutions identified above. Protective Covering/Tinted Windows While everyone in Orange County wants safer schools, some communities favor an open and friendly educational environment for their children and are concerned about having school campuses that resemble a prison-like environment. However, one of the problems with the open design of many school campuses throughout Orange County is that there is too much visibility into classrooms from outside areas open to the public. Many classrooms lack curtains, mini-blinds, or other 384 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 16 OF 59 basic window coverings to obscure an intruder’s view. Securing classroom windows will help create a safer learning environment for students. School districts should cover school windows with shatter-resistant and/or tinted film covering to add an additional layer of protection from an active shooter. Although these measures will not prevent an intruder from entering a school campus and begin shooting, it can slow their progress and reduce visibility into the classrooms. In an active shooter scenario, shatter-resistant film can slow down an intruder and reduce the impact of ammunition fired into classrooms, giving teachers and students more time to escape or hide. It can also assist law enforcement in recovering spent ammunition. Shatter-resistant film can be purchased as a tinted or clear covering. Clear shatter-resistant covering applied over windows can be painted with a festive design or historical figure in American history to help school administrators maintain an inviting campus. To engage students and the community, school staff could even have an art competition to see who comes up with the best theme or design for the windows. While the possibility of an active shooter on a school campus has gripped the country with fear, Orange County residents do not need to have schools that resemble fortresses to take preventative measures against violent intruders. Orange County school districts should exhaust all their capabilities to address campus vulnerabilities around physical security. School Active Shooter Training The Orange County Sheriff’s Department, in collaboration with city police departments, conducts Active Shooter Training exercises for first responders, which include School 385 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 17 OF 59 Resource Officers, Sheriff’s Deputies, fire personnel, medical personnel, and the OCSD Special Weapons and Tactics Team (SWAT). These exercises are held at local schools when classes are not in session, and other sites and training areas that can be used to simulate a school setting. Several members of the 2022-2023 Grand Jury observed an active shooter training for local law enforcement at an Orange County high school which was not in session. Signage was posted around the school to notify the public of the training and immediately surrounding residents and businesses were advised of the event to avoid unnecessary panic. The training began with a basic classroom power point presentation outlining the strategy and mission. Best practices and the reason for the training were also explained. Upon completion of the briefing, shots were fired, and a smoke canister was ignited. Officers entered on the ground floor with handguns and rifles drawn. They then proceeded to the second floor, searching for the threat while a dozen OCSD Explorers and approximately 40 student volunteers served as actors portraying the injured pleading for help. The volunteers, student-actors who were to be subjected to simulated gunfire, were equipped with full-coverage helmets. They adhered to “Run, Hide, Fight”, a protocol of survival skills which is taught in Orange County schools as a response to an active shooter situation. Orange County Sheriff’s Deputies are trained to arrive and immediately enter to put down the threat before lives, or additional lives, are lost. Once a threat is observed or heard, law enforcement enters the classroom or campus area and immediately eliminates the threat. The training is to instill in law enforcement an ability to react to the situation presented quickly and then take additional actions as warranted. Officers on the scene were armed with rifles, handguns, and smoke grenades. They were also equipped with battering rams and forced entry devices. Their firearms were loaded with blanks and paint tips. The only live ammunition was with a unit of Sheriff’s Deputies who did not participate in the exercise but who surrounded the perimeter of the school solely to ensure the safety of the participants from any outside attackers who might take advantage of the chaos to harm participants. This training is part of the Safe Schools Initiative offered by the Orange County Department of Education (OCDE), and ties into the Orange County Sheriff’s Department’s Assess, Prepare and Train (APT) program. “The body won’t go where the mind hasn’t been and this training does just that” (OCSD) 386 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 18 OF 59 At the training attended and observed by the Grand Jury members, two scenarios were performed. The first was an approximately twenty-minute outdoor scene where shots were heard, and first responders were called in. Chaos was rampant as there was a smoke distraction while people were running (or hobbling) in different directions. Injured stand-ins were on the ground screaming and begging for help. Officers are trained to go right to and eliminate the threat despite the urge to lend aid to the wounded. In the second scenario, Deputies and SROs entered a chaotic active shooter scene, stepped over “dead and injured” victims, and chased a male shooter who now had taken a hostage who was used as a shield. The perpetrator entered a room inside the school and concealed himself. Officers searched and cleared every classroom until a locked door was discovered in a service room. Officers announced their presence and forced open the door, the hostage was separated from the shooter, and a surrender took place, so the shooter was taken into custody, eliminating the threat. Procedures are built into the training to ensure that police do not mistake innocent bystanders for the shooter. Police will not stop to help injured people until the threat is eliminated. Once the school is “cleared” of any further threat, waiting emergency medical personnel enter to stop the bleeding of the wounded, who are then taken to medical triage. END-EX (end of exercise) was called by the trainers, and the actions of the Sheriff’s Deputies and other participants were reviewed, critiqued, and questions addressed. These drills are not unique to Orange County, and many have proven their value. In Nashville, Tennessee, similar drills were being conducted at area schools and included school staff. Dr. Katherine Koonce, Director at Covenant School, attended one as an observer and immediately requested an exercise for her school. During the March 27, 2023, shooting at the Covenant School, Dr. Koonce, while losing her own life, along with other staff saved countless lives. Nashville Metro Police Chief John Drake described it this way: "Students were in their classrooms, locked up, the professional [school staff] outdoors to lead the Metro policeman. She had a key, [knew] what her headcount was, she knew [exactly] where the students would be, she was prepared,” Drake told ABC News. “I'm sure they had run those drills, and it's because of Katherine and the foresight she had to make sure her staffers were prepared.” Under the Marjory Stoneman Douglas Public Safety Act, public K-12 schools in Florida are required to hold frequent active shooter drills. The Grand Jury hopes a tragedy like those that occurred at Marjory Stoneman Douglas High School in Parkland, Florida, Covenant School in Nashville, Tennessee, and other schools across the nation does not have to happen in California. However, it is necessary to prepare for that possibility. Therefore, the Grand Jury recommends that all school districts host Active Shooter Training by July 1, 2024, and thereafter on an every-other-year basis. School Active Shooter Tabletop Exercises The Orange County Sheriff’s Department School Resource Officer Program, along with a designated Orange County school, sponsors active shooter tabletop exercises for 387 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 19 OF 59 schools within Orange County. The tabletop exercise is an emergency management technique designed to increase preparedness for an active shooter in a safe environment. These exercises are generally held on a school campus and directed by a Facilitator designated by the Sheriff. Currently, the tabletop exercises are attended by on-site school personnel, law enforcement, and observers. Other schools within the district are invited to participate, as well as local city police. In the exercises the Grand Jury attended, the schools were represented by the principal and other school staff including teachers, district staff, school security personnel, maintenance personnel, and mental health counselors. Law enforcement attendance consisted of the Facilitator, School Resource Officers, and officers from OCSD’s Operations Division. The Orange County Grand Jurors attended as observers but were able to participate in discussions. The participants are presented with a crisis scenario and asked to discuss their response. It is important that plans be customized to the individual schools because of the different layouts and points of access and egress of each school campus. School maps are included in the provided Situation Manual to accommodate this need. All attendees were given a Situation Manual which provides participants with all necessary tools for their roles in the exercise. The manual calls out the overview for the exercise, the roles and responsibilities of the participants, and the structure which is broken down into three modules. The Situation Manual also points out the “Scenario Ground Truth” which allows participants to know what conditions to assume prior to facing their scenario, such as the time of day, weather at the time of the occurrence, and the staffing level of first responders. The tabletop exercise is discussion based, planned to last approximately 90 minutes, and presented in three modules: Module One: Preparedness This module is a discussion of the preparedness of the school(s) where the level of security, access, and communication is addressed. Fencing (coverage and height), cameras, door locks, points of egress, using items to block doors, and window covers are among items discussed for facilities. Two-way radio communication, a public address system for lock-down announcements, lanyard alarms, and cell phones are some of the items discussed as tools for communication. This discussion brings in ideas to improve a school’s preparedness while the school also brings information for the Facilitator to use in future tabletop exercises. Module Two: Incident Response In Module Two, a realistic scenario is presented to the participants where a report comes in from 911, stating that possible gunshots have been heard at the school and patrol units have been dispatched to the scene. 388 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 20 OF 59 Discussion starts with school personnel describing how the school goes into lockdown to protect staff and students while a command post is set up near the school. This is when school officials discuss and share information such as accounting for all students, tying phones to the District Office, and other communication efforts. Module Three: Student / Family Re-Unification This final module deals with the aftermath; the shooter has been neutralized and rooms and buildings have been cleared by law enforcement. At the exercise observed by members of the Grand Jury, preliminary information provided for the sake of discussion indicated that five students and staff were deceased and 15-20 injured that had been, or were in the process of being, transported to local hospitals. The tabletop discussion then deals with orderly release and relocation to nearby off-site triage and reunification locations. There is also discussion about what information can and cannot be passed on to parents. Ideas for managing the media and what can be released and who can interface with media are also discussed. Mental health support and its role are discussed in this module as well. The success of the tabletop exercise lies in the practice and review of required actions and the delegation of duties during this experience. Although predicting each person’s reaction and judgement during such a crisis is recognized as impossible, this exercise enhances the probability of team efficiency in the event of a school shooting, thereby increasing preparedness and minimizing loss of life and injury. Due to turnover and relocation of school personnel, the Grand Jury recommends that all Orange County school districts host Active Shooter Tabletop Exercises by December 31, 2023, and on an annual basis thereafter. (See Appendix C; OCSD tabletop format) Arming Teachers and Staff The California Teachers Association (CTA), while overwhelmingly supporting stronger laws to ensure school safety, believes the idea of arming teachers is a “preposterous, cynical, and unworkable solution.” The Grand Jury found that practically no faculty, staff, or superintendent in Orange County supported arming any non-law enforcement school personnel. The resistance to this idea by educational personnel was overwhelming. Among the reasons given by school personnel were the obvious ones of injury or death of innocent students or staff, and law enforcement mistaking anyone holding a weapon as the suspect. Another reason was that without ongoing training, people lose the physiological responses to stress that enable fine motor skills and marksmanship. While representing a tiny minority of their peers, some in law enforcement would support arming school personnel, but only with stringent restrictions such as rigorous training, marksmanship, and proven sound judgement. The sole reason given by this small number of law enforcement personnel is that a threat could be eliminated prior to a first responder arriving, leading to saved lives in the beginning. Most law enforcement 389 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 21 OF 59 personnel believe arming of any non-law enforcement school personnel to be an unacceptable idea under any circumstance. Visitor Management System The 2022-23 Grand Jury believes that a parent and visitor management system is a key element in ensuring campus safety. The 2017-18 Grand Jury included two recommendations related to managing campus visitors in its report titled: Safer Schools – What Can We Do? Those recommendations were: R.3. School districts should implement procedures to ensure that all campuses maintain a complete, daily log (electronic or manual) of every visitor and volunteer entering and exiting the campus, excluding program events such as awards ceremonies or stage or musical productions (2017-2018). R.4. School districts should implement procedures to ensure that photo identification is required of all campus visitors and volunteers before a visitor’s badge is issued (2017-2018). As a part of its investigation in preparation for writing this report on school safety, the 2022-23 Grand Jury learned that 25 of the 28 Orange County School Districts have a parent and visitor management system. Twenty-one of 25 districts use the same software system which: • Gives schools the power to decide exactly who is allowed to enter their buildings. • Enables schools to keep potential threats from accessing campus by instantly screening each visitor’s government-issued ID card against the sex offender registries in all 50 states and an unlimited number of custom databases. • Syncs with a school’s information system to ensure that students are only released to approved guardians. • If a visitor is flagged, allows staff to review the visitor’s information side-by-side with the offender’s information immediately while notifications are sent to administrative and security personnel. • Allows a school’s community to know that visitors are approved by enabling a school to require visitors to wear a badge that shows their role type, name, destination, date and time of entry, and photo. • Enables approved school personnel to view Visitor records so that accurate district- and school-wide reports can be created. Even though 25 of the 28 school districts already have an effective parent and visitor management system, the Grand Jury believes managing access to school campuses is so important that all schools should either develop or purchase a system that enables them to control and monitor access to campus. 390 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 22 OF 59 Annual Safety Inspection All California public schools must develop a comprehensive school safety plan, per California Education Code sections 32280-32289.5. The OCGJ believes annual campus safety inspections conducted with local law enforcement should be a part of this plan. During its investigation for this report, the OCGJ learned that some schools are already conducting such inspections. The three primary sources of information for this section were: • School district responses to the Findings and Recommendations in the Grand Jury 2017-2018 Report titled Safer Schools – What Can We Do? • School district responses to a survey developed by the 2022-23 Grand Jury designed to determine if school districts had followed up on 2017-2018 commitments to implement specific improvements in school safety. • The websites of the 28 school districts. From these three sources, the Grand Jury learned that at least 21 of the 28 school districts work to help ensure the safety of school campuses through on-going collaborative relationships with either the Sheriff’s Department or city police departments or, in some instances, with both the Sheriff’s Department and one or more police departments. Nine districts reported having at least one Student Resource Officer (SRO) serving one or more schools. Fifteen of the 21 districts that reported collaborative working relationships with at least one local law enforcement department also reported conducting annual safety assessments. Even though all 15 districts may conduct their annual safety inspections in collaboration with local law enforcement, only 5 of these 15 districts reported doing so. The seven districts that did not report working to help ensure the safety of school campuses through on-going collaborative relationships with either the Sheriff’s Department or city police departments may have ongoing collaborative working relationships with local law enforcement. However, the Grand Jury was unable to find documentation of such relationships in any of its three above-listed sources. The Grand Jury believes all Orange County school districts that have not done so should develop and maintain ongoing collaborative working relationships with local law enforcement. The Grand Jury also believes that all Orange County School Districts should arrange for their local law enforcement partner(s) to conduct an annual safety assessment of each school in collaboration with the appropriate school and district administrative staff, facilitated via a Memorandum of Understanding (MOU) if necessary, by July 1, 2024. Homeland Security K-12 School Safety Checklist In their responses to the 2017-18 Safer Schools Report Findings and Recommendations, two Orange County school districts reported using the Homeland 391 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 23 OF 59 Security K-12 School Safety Checklist. In its 2022-23 review of school district websites, the OCGJ identified one additional district that reported using the Homeland Security Checklist. Given the source of the survey and the fact that at least three Orange County school districts have chosen to use the survey, the OCGJ decided to review the survey. During its review, the OCGJ learned that the survey consists of 150 incisive questions that forces users to carefully analyze the strengths and weaknesses of their school safety plan. Following its review of the K-12 School Safety Checklist, the OCGJ believes that all 28 Orange County School Districts should require each of their schools to annually administer either the Homeland Security checklist, or a similar checklist. (See Appendix D for Seven Primary Topics of the DHS survey along with the appropriate web site for access to the entire survey.) Campus Entry Procedures The Grand Jury believes the campus entry at most Orange County schools is vulnerable to intruders. Using information gathered from school district responses to both the 2017-18 Safer Schools Report and the 2022-2023 Grand Jury follow-up survey on the implementation of commitments made by school districts in response to the 2017-18 Report, the Grand Jury has learned that at least 13 of the 27 Orange County school districts that responded to the Report have perimeter fencing and a single point of entry. One of the 13 school districts reported also having cameras and a buzzer system to augment the single point of entry. Another school reported the use of an intercom and buzzer system to control access to the administrative offices. Some of the other 11 districts with perimeter fencing and single point of entry may have cameras and buzzer systems, but the Grand Jury was unable to make that determination. Three school districts reported having perimeter fencing at all schools but not a single point of entry. Three other school districts, with a total of 45 schools, reported that 41 of the 45 schools have perimeter fencing. Four districts reported a mix of fenced and unfenced schools. One district reported that it has cameras and access control door systems, but no fencing. Three districts reported that they have no fencing, and one of those three commented that there “may be (community) opposition” to fencing. Based on the information available to the 2022-2023 Grand Jury, only one school district has implemented campus entry procedures that incorporate all the features recommended by the 2017-18 Grand Jury. Furthermore, even though at least 24 of the remaining 27 school districts have implemented some safety measures to protect the entryways into schools, most, if not all, could be accessed by an intruder. 392 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 24 OF 59 Therefore, the Grand Jury recommends all schools should review campus entry procedures. The review should include consideration of the use of perimeter fencing, a single point of entry, and the use of a camera and buzzer system to control entry into the main administrative office. As with most other security measures, there have been improvements in wire mesh fencing. The new fencing is more closely woven, making it more difficult to scale, and thus making campuses more secure. The Grand Jury believes this new fencing should be the preferred fencing for those school districts erecting new fences or replacing existing fences. Available School Safety Training Resources Stop the Bleed The Encyclopedia Britannica defines “First Aid” as “…measures to be taken immediately after an accident not with an idea to cure but in order to prevent further harm being done.” Available people and material supplies are used at the site of an incident to provide initial care to the victim until more advanced care is secured. The objectives of First Aid: • To preserve and maintain life • To prevent the victim’s condition from worsening • To aid in recovery The Stop the Bleed course teaches class participants three techniques to prevent loss of blood from a bullet wound: 393 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 25 OF 59 • How to use your hands to apply pressure to a wound • How to pack a wound to control bleeding • How to apply a tourniquet correctly Casualty Care Crisis Medicine is just one of the many contractors that provide emergency medical training for non-medical personnel. Members of the Grand Jury reviewed the Essential Casualty Care course and determined it to be realistic and well done. Tactical Emergency Casualty Care (TECC) is the basis for this type of training, and like the philosophy of Active Shooter Training is intended to prepare bystanders and survivors to react quickly to save lives by providing life support until the arrival of paramedics. This type of training is realistic enough to prepare individuals to act without experiencing shock and freezing in a life and death situation. Topics covered in this training included viewing gunshot wounds, learning how to focus on the most life-threatening damage first, and the different treatments available like tourniquets, packing the wound, pressure application, and splinting. Equipment and supply training is also given so that suitable trauma kits, hemorrhage control kits, tourniquet kits and other medical supplies can be pre-stocked and maintained at locations where an incident may occur. Knowledge Saves Lives Knowledge Saves Lives is one of many contractors that school districts can hire to help district and school personnel prepare for the likelihood of a potential school shooter. The primary benefit of such preparations is to improve reaction times, eliminating the initial human tendency to freeze, and to save lives when an incident does occur. 394 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 26 OF 59 Members of the Grand Jury attended one of these training sessions and were quite impressed with the willingness and intensity of the school district representatives and staff from the schools who attended training. Instructors were current or retired police officers knowledgeable in responding to an active shooter situation. The first element of training dealt with prevention and how to identify troubled potential perpetrators during the days or weeks prior to a shooting. Prevention includes always being aware of actions and words of individuals around us, and to say something when you see something. One of the surprising facts shared is that 91% of potential incidents fail because someone became aware of it and took appropriate action to report it. Situational awareness was presented as observing people and knowing the space around you. “Leakage” was identified as clues that someone may be disturbed and planning violent action. The other part of training focuses on Run, Hide, Fight which is intended to prepare staff for the three main options available to potential victims of an active shooter incident. Exercises were conducted with all participants in these three scenarios. Put simply, Run is putting distance between potential victims and the threat. Hide is primarily locking doors and obstructing views. Fight is locating and improvising a weapon, such as a fire extinguisher, and using it on the shooter. Participants were shown and then performed the steps to make such an effective attack. This training and practice are incredibly important to motor memory, so reaction times are shortened. The more quickly action is taken, the fewer casualties may occur. When law enforcement arrives: • Stay calm and follow instructions • Put down any items in your hands • Keep hands raised and visible at all times • Do not make any quick movements toward officers • Do not point, scream, or yell • Do not speak or ask questions when evacuating unless asked to do so by an officer. The Grand Jury recommends that all Orange County school districts incorporate Knowledge Saves Lives, Stop the Bleed, Casualty Care and Run, Hide Fight or some combination of this training for all schools in their district on a yearly rotating basis. “…the odds of your child’s school being in a shooting in their lifetime is 1 in 62.51 or 1.6%” (Web Site-Donovan and PsychLaw Journal) 395 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 27 OF 59 Mental Health Issues Background Studies When examining causes behind the epidemic of active shooter situations in our schools, it is helpful to consult the Federal Bureau of Investigation (FBI) as well as the United States Secret Service (USSS) and their extensive research in identifying behaviors exhibited by these shooters. In 2018, the FBI’s Behavioral Analysis Unit produced a report entitled “Study of Pre-Attack Behaviors of Active Shooters”. The report opens with these reminders: • There is not one “profile” of an active shooter • There is no single warning sign, checklist, or algorithm for assessing behaviors that identifies a prospective active shooter • While impossible to predict violent behavior, it is possible to prevent some attacks via effective threat assessment and management strategies. This report is instructive for the purposes of this Grand Jury report because it identifies the most common stressors experienced by active shooters. These stressors include such things as financial strain, conflict with friends/peers, and conflict at school, but by far the one stressor that appears the most (62%) in the cases studied is mental health. The report indicated that “25% of active shooters had a diagnosed mental illness prior to the offense.” The report further stated that of those who noted the concerning behavior of an individual such as mental health issues, 92% were identified by a schoolmate and 75% by a teacher/school staff, if the shooter was a student. In 2019, the United States Secret Service (USSS) and U.S. Department of Justice’s National Threat Assessment Center (NTAC) issued a report, Protecting America’s Schools-A United States Secret Service Analysis of Targeted School Violence. Among the key findings from the report were: • There is no profile of a student attacker, nor is there a profile for the type of school that has been targeted • Attackers usually had multiple motives, the most common involving a grievance with classmates • All attackers experienced social stressors involving relationships with peers and others • Most attackers were victims of bullying which was often observed by others • All attackers exhibited concerning behaviors. Most elicited concern from others and most communicated their intent to attack. The report further noted that the observable mental health symptoms displayed by attackers prior to their attacks were divided into three main categories: • Psychological (e.g., symptoms of depression, anxiety, anger, or suicidal ideation) • Behavioral (e.g., defiance/misconduct, aggression, or symptoms of ADD/ADHD) • Neurological (e.g., developmental delays or cognitive deficits) 396 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 28 OF 59 “The fact that half of the attackers studied had received one or more mental health services prior to their attack indicates that mental health evaluations and treatment should be considered a component of a multidisciplinary threat assessment but not a replacement… Mental health professionals should be included in a collaborative threat assessment process that also involves teachers, administrators, and law enforcement.” In 2021, the USSS produced a report, “Averting Targeted School Violence” which amongst many salient points, addressed the issue of Mental Health as it pertains to active school shooters. They found that: • “Many plotters (70%) exhibited behaviors indicating the presence of some type of mental health symptom in the time leading up to, or around, the discovery of their plots.” • “Information on these factors was evident in their journal writings, statements and behaviors observed by others, and histories of prior mental health treatment.” • “Though some of the subjects were born with psychiatric or neurological conditions, others had mental health issues as a result of severe life stressors.” Finally, in the 2021 Report on Indicators of School Crime and Safety produced by the Institute of Educational Sciences (IES), the issue of Mental Health was identified as one of the indicators they studied. They found the following: • In 2019-20 (prior to the pandemic), 55% of public schools reported providing diagnostic mental health assessment services which were used to evaluate mental health disorders displayed by students in their schools. • Only 42% offered mental health treatment for those mental health disorders. • These services were more likely to be found in middle and high schools than in elementary schools. • A majority of schools (54%) indicated that inadequate funding limited the mental health services they could provide. These studies serve as factual evidence that schools and school districts should be, if they are not already, considering mental health issues when preparing their safety plans. The COVID-19 pandemic served to heighten the awareness of mental health issues which students everywhere were exhibiting because of the use of distance learning and its subsequent isolating factors. In a relatively short period of time, students in Orange County and across the nation found themselves cut off from not only friends and familiar activities, but for many, a safe and supportive school environment. They were thrown even deeper into the world of social media, leading many to develop the mental health stressors and signals identified in the cited reports. The pandemic has created a generation of students who now are trying to cope with a return to what for many is an “alien” environment. Consider students who were just starting school when schools were forced to close. For more than two years at a very crucial time in their lives, these students were unable to experience the socialization process necessary to provide them with many of the tools necessary for their educational success and mental well-being. What is the overall impact on their educational experience? When one considers the disruption caused on all grade levels, 397 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 29 OF 59 is there any doubt that the issue of the mental health of our students has to be at the heart of addressing the issue of active shooters? Status of Mental Health Programs in Orange County Public Schools The Grand Jury interviewed many school district and school site administrators along with representatives from a number of law enforcement agencies. The Grand Jury found the issue of Wellness Centers has gained acceptance primarily on the high school level and in some middle schools. Many elementary schools are still struggling to establish effective mental health programs. The major problem facing all school districts is funding. With the passage of the American Rescue Plan (ARP) by Congress in response to the pandemic, many districts chose to use funds to expand their mental health capabilities. This has resulted in additional school psychologists, social workers, counselors and behavioral interventionalists being assigned to school sites. However, many principals shared that a full-time school psychologist has little time for mental health issues as they have to administer numerous tests for students with special needs as well as for other programs. Some elementary schools have turned to parent support organizations to raise funds for outside agencies to assist with the mental health needs of their students. While law enforcement agencies do not usually have input in the area of mental health in schools, they are willing to engage with school officials when dealing with mental health issues particularly if the school has an assigned SRO. In addition, the Orange County Sheriff’s Department (OCSD) employs what they designate as School Mobile Assessment & Resource Teams (SMART) who can and do involve themselves in mental health issues upon the request of school administrators. A few of Orange County’s city police departments have joined with the OCSD to have a representative on a SMART team, however this relationship should be expanded. An incident from the 2019 USSS-NTAC report Protecting America’s Schools is an illustration of mental problems in schools: “A 16-year-old student shot his high school principal in the arm before his weapon malfunctioned. Prior to this incident, the attacker exhibited a wide range of symptoms typically associated with depression. He began to isolate himself after his parent’s divorce and while he had played multiple sports and enjoyed video games, the attacker withdrew from these activities as his depression worsened. He began going to school without shaving, showering, or washing his hair, and multiple people noted his body odor. The student reported feeling helpless, hopeless, and worthless and he said he had low energy, trouble sleeping, reduced appetite, decreased interest in activities and impaired concentration. His grades began to decline. He often sat alone in his room in the dark. He began having suicidal thoughts and came close to killing himself prior to the incident. According to media reports, a state psychiatrist concluded that mental illness played a role in the attacker’s actions in carrying out the incident.” Conclusion The good news from the information provided to the Grand Jury by many school administrators and law enforcement representatives is that Orange County public 398 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 30 OF 59 school districts do acknowledge, that now more than in the past, they need to address the mental health issues found in their student bodies and they are doing so. However, more needs to be done to identify students having mental health issues, whether they be psychological, behavioral, or neurological. Ensuring that mental health or wellness centers on campuses are staffed by competent professionals, particularly at the middle and high school level, should be a high priority. These centers can be instrumental in helping to create a supportive school climate. In 2020, Children’s Hospital of Philadelphia’s Center for Violence Prevention (CVP) issued a “white-paper” on mass shootings in schools. It identified a supportive school climate as being highly significant in preventing school shootings. The CVP noted that in this kind of environment: • Students feel safe to talk to each other and to staff • There is a mutual trust and respect among students and school staff • There is on-going dialogue and relationships with family and community members that interact with the school • There is adequate support, training, and resources for school staff The Grand Jury strongly recommends that all Orange County public school districts work to provide mental health services to all schools in each district as an effective tool in helping to prevent potential active shooter incidents. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled School Shootings: How Prepared Are Orange County Public Schools? the 2022-2023 Grand Jury has arrived at twelve Findings, as follows: F1 Law enforcement, first responders, and other stakeholders have demonstrated a strong interest in working cooperatively with Orange County public schools to mitigate the risk of an active shooter incident; establishment of MOUs between law enforcement and school districts would strengthen this cooperation. “A cohesive and supportive school environment is key to preventing school shootings.” (Children’s Hospital of Philadelphia-CVP) 399 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 31 OF 59 F2 All Orange County public schools studied by the Grand Jury stated that they conducted or have scheduled drills within the current school year on emergency procedures addressing intruders on campus, but not all have done so specifically regarding armed assailants. F3 While all districts prioritize the safety of students and staff, the attention and resources devoted to active shooter preparedness and response vary from district to district. F4 Safety and security plans for on-campus before and after-school programs are not adequately addressed by school districts. F5 While many Orange County public schools have installed fences, cameras, and other methods to address the issue of active shooters on a campus, there are still opportunities for improvement. F6 Not all schools utilize a system for monitoring campus visitors. F7 While there is an increased awareness of the benefits of mental health counseling, not all school districts have implemented these programs in all schools. F8 School Resource Officers (SROs) are a valuable asset for school safety, yet many cities/districts do not allocate sufficient funds to hire needed officers. F9 Not all classrooms have window shades, tinted glass, or film to obstruct the interior view from the outside. F10 The camera surveillance systems utilized on many campuses require repairs, replacement, or additions. F11 Many schools do not have perimeter fencing completely enclosing their campus. F12 A number of school districts have school site administrative offices that remain unlocked on a daily basis. 400 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 32 OF 59 RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled School Shootings: How Prepared Are Orange County Public Schools? the 2022-2023 Grand Jury makes the following thirteen Recommendations: R1 Each Orange County school district should arrange for local law enforcement to do an annual safety inspection of each school. The written safety checklist should include an audit of the integrity of site boundaries and a review of safety plans and policies. This annual safety audit should commence with the 2023-24 school year by October 1, 2023, and annually thereafter. (F1, F10, F11) R2 All Orange County school districts should establish a threat identification and assessment system for all school sites to monitor social media, screen for messages of concern, and manage information received in coordination with local law enforcement using MOUs, if necessary, by July 1, 2024. (F1, F3) R3 Each Orange County school district, in conjunction with law enforcement, should develop and implement tabletop exercises to be conducted in district schools by December 31, 2023, and annually thereafter. (F2) R4 Each Orange County school district should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2024, and at least every other year thereafter. (F2) R5 All Orange County school districts should develop a casualty care training program for each school in their district, to be in place by the end of the first semester of the 2023-24 school year and provided annually thereafter. (F3) R6 Safety and security plans for on-campus before and after-school programs need to be addressed more thoroughly by school districts, by July 1, 2024. (F4) R7 Each Orange County school district should obtain and incorporate perimeter camera systems in all district schools by July 1, 2024, or earlier if financially able to do so, and investigate the potential use of cameras that incorporate Artificial Intelligence to enhance threat detection and prevention. (F5, F10) R8 All Orange County school districts should review entry procedures on all campuses with an eye toward the use of perimeter fencing, the use of single point entry, and the use of a buzzer and camera system for entry into the main/administrative offices. (F5, F12) 401 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 33 OF 59 R9 Each Orange County school district should Identify and implement a parent and visitor management system for each school site within the school district. This is to include identified access points, badges, or a similar identification procedure to be implemented by July 1, 2024. (F6, F11, F12) R10 Each Orange County school district should implement training for all staff to identify threat-related behaviors and provide a procedure for reporting the behavior by the beginning of the 2024-25 school year. (F7) R11 All Orange County school districts should develop a plan to implement or enhance mental health counseling for all schools by December 31, 2024. (F7) R12 Each Orange County School District should assess the need for SROs or additional SROs, reaching out to appropriate community partners to facilitate funding by July 1, 2024. (F8) R13 All Orange County school districts should investigate and consider bullet resistant or tinted film covering for school windows by December 31, 2023. (F9) 402 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 34 OF 59 REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision-making authority. The 403 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 35 OF 59 response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from the governing body of each school district below: Findings – 90 Day Response Required Anaheim Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Anaheim UHSD F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Brea-Olinda Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Buena Park Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Capistrano Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Centralia Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Cypress Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Fullerton Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Fullerton Joint UHSD F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Garden Grove Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Huntington Beach City F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Huntington Beach UHSD F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Irvine Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Laguna Beach Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 La Habra City F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Los Alamitos Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Lowell Joint Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Magnolia School F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Newport-Mesa Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Ocean View Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Orange Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Placentia-Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Saddleback Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Ana Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Savanna School F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Tustin Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Westminster Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Anaheim F1, F8 City of Costa Mesa F1, F8 City of Fountain Valley F1, F8 City of Fullerton F1, F8 City of Garden Grove F1, F8 City of Huntington Beach F1, F8 City of Irvine F1, F8 City of Los Alamitos F1, F8 City of Newport Beach F1, F8 City of Orange F1, F8 O.C. Sheriff’s Department F1, F8 404 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 36 OF 59 Recommendations – 90 Day Response Required Anaheim Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Anaheim UHSD R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Brea-Olinda Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Buena Park Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Capistrano Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Centralia Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Cypress Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Fountain Valley R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Fullerton Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Fullerton Joint UHSD R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Garden Grove Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Huntington Beach City R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Huntington Beach UHSD R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Irvine Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Laguna Beach Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 La Habra City R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Los Alamitos Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Lowell Joint Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Magnolia Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Newport-Mesa Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Ocean View Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Orange Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Placentia-Yorba Linda R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Saddleback Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Santa Ana Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Savanna Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Tustin Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Westminster Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 City of Anaheim R1, R3, R4, R12 City of Costa Mesa R1, R3, R4, R12 City of Fountain Valley R1, R3, R4, R12 City of Fullerton R1, R3, R4, R12 City of Garden Grove R1, R3, R4, R12 City of Huntington Beach R1, R3, R4, R12 City of Irvine R1, R3, R4, R12 City of Los Alamitos R1, R3, R4, R12 City of Newport Beach R1, R3, R4, R12 City of Orange R1, R3, R4, R12 O.C. Sheriff’s Department R1, R3, R4, R12 405 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 37 OF 59 GLOSSARY Active Shooter The U.S. Department of Homeland Security defines an active shooter as “an individual actively engaged in killing or attempting to kill people in a confined and populated area… in most cases, active shooters use firearms and there is no pattern or method to this selection of victims.” AI Artificial Intelligence The simulation of human intelligence in machines that can learn and problem solve. Casualty Care Program Teaches fundamentals of casualty care including how to treat casualty victims, what steps to take to prevent loss of life, and how to save lives while under active fire, among other topics. CDC U.S. Centers for Disease Control and Prevention-The national public health agency of the United States. CDE California Department of Education CHDS Center for Homeland Defense and Security-Develops programs and resources to advance the study of homeland security research, scholarship, and professional disciplines to enhance U.S. National Security and Safety. CHP COPS Hiring Program-A competitive grant program sponsored by the U.S. Department of Justice to provide funding directly to law enforcement agencies to hire additional career law enforcement officers to increase community policing capabilities and crime prevention. COPS Community Oriented Policing Services-Part of the U.S. Department of Justice that is responsible for advancing the practice of community policing through various means such as competitive grants. 406 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 38 OF 59 CSSP Comprehensive School Safety Plans-Sections 32280-32289 of the California Education Code requires that all public school districts develop policies and procedures in response to common safety issues, including violence. CSTAG The Comprehensive School Threat Assessment Guidelines, originally known as the Virginia Student Threat Assessment Guidelines, is an evidence-based model for schools to use in conducting threat assessments of students. DEE Distance, Evade, Engage or Deny, Evade, Engage-Language used to describe how individuals/groups should respond to an active shooter situation. DOJ U.S. Department of Justice DSO District Safety Office-Term used by school districts to describe non-law enforcement personnel who help provide safety and security on school campuses. FEMA Federal Emergency Management Agency-Part of the Department of Homeland Security (DHS) that coordinates responses to disasters beyond the level states and local agencies can handle. IES Institutes of Educational Sciences-Independent, non-partisan, statistical research and evaluation arm of the U.S. Department of Education. KFF Kaiser Family Foundation-Non-profit organization dealing with health policy in the United States. Lock-Bloc Device used in many schools to ensure that a classroom or office door can be locked quickly in case of emergency. 407 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 39 OF 59 NASRO National Association of School Resource Officers-Professional organization serving the needs of School Resource Officers across the United States. NTAC National Threat and Assessment Center-Provides guidance and support to the United States Secret Service. OCDE Orange County Department of Education OCIAC Orange County Intelligence Assessment Center-Provides an integrated, multi- disciplined, informational and intelligence sharing network to collect, analyze and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private, and public sector stakeholders in a timely manner in order to protect residents, visitors, and critical infrastructure while ensuring the civil rights and civil liberties of all persons are recognized. OCSD Orange County Sheriff’s Department PASS Preparing for Active Shooter Situations-Program from the U.S. Department of Justice designed to meet the goals of COPS by offering ‘scenario-based’ courses designed to counter active shooters. RAPTOR System A company founded in 2002 that has partnered with many school districts in the U.S., to provide integrated visitor management systems. RHF Run, Hide, Fight-Language used to describe how individuals/groups should respond to an active shooter situation. SAVD-SS School-Associated Violent Death Surveillance System-Sponsored by the CDC, providing the most recent details available on school associated violent deaths while helping to inform efforts to prevent school violence. 408 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 40 OF 59 SMART School Mobile Assessment and Resource Team-Part of the OCSD, this group works with school officials to address situations and incidents related to violence, threats, possession of or use of weapons, unstable behaviors, and suicidal tendencies by students. SRO School Resource Officer-Sworn law enforcement officers responsible for safety and crime prevention in schools who are employed by local police or sheriff departments and work closely with school administrators. SRP Standard Response Protocol-Provides consistent, clear shared language and actions among all student, staff and first responders which can be applied in any emergency. SVPP School Violence Prevention Program-Grants given to states and local agencies to improve safety and security on school campuses. SWAT Special Weapons and Tactics-A designated law enforcement team whose members are recruited, selected, trained, equipped, and assigned to resolve critical incidents involving a threat to public safety which would otherwise exceed the capabilities of local law enforcement departments. Table-Top Exercises An informal discussion-based session in which a team discusses their roles and responses during an emergency, walking through one or more scenarios. TECC Tactical Emergency Casualty Care-Based on military response to casualty care. USDE U.S. Department of Education USSS United States Secret Service 409 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 41 OF 59 VMS Visitor Management System-Used to control access to school campuses. WETIP Strives to be the most effective anonymous citizen’s crime reporting resource, providing intelligence and information to local, state, and federal authorities. 410 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 42 OF 59 REFERENCES • ABC News Broadcast of March 23, 2023; Reporting by Morgan Winsor, Briana Stewart, Jaclyn Lee • Active Shooter Event-Quick Reference Guide-Department of Homeland Security (DHS) 2023 • California Assembly Bill 1747 • Educators Getting Trained to ‘Run, Hide, Fight’ Deborah Sullivan Brennan, San Diego Union-Tribune, October 29, 2016 • Essential Casualty Care on-line brochure • “Fact Check: Are Firearms the Leading Cause of Death in Children?” Jill T. Ramos, Austin American Statesman June 7, 2022 • “Implementing a School Tip Line? New Research Provides a Blueprint”- M. Planty, D. Banks, S. Cutbush, and J. Sherwood National Institute of Justice June 29, 2020 • K-12 School Shooting Statistics-Center for Homeland Defense and Security (CDHS) 2021 • Knowledge Saves Lives on-line brochure • “Mass Shootings in Schools”-Children’s Hospital of Philadelphia’s Center for Violence Prevention 2020 • National Association of School Resource Officers (NASRO) Website March, 2023 • Protecting America’s Schools: Analysis of Targeted School Violence Report- United States Secret Service-2019 • Report on Indicators of School Crimes and Safety-2021 Institute of Educational Services (IES), United States Department of Education (USDE), United States Department of Justice (DOJ) 2022 • “Safer Schools-What Can We Do?” Orange County Grand Jury Report 2017-18 • “School and Law Enforcement Partnerships” National Center for School Safety- 2023 • “School Resource Officers Revisited” Marin County Civil Grand Jury Report 2019 • School Safety.gov • Study of Pre-Attack Behaviors of Active Shooters Report-Federal Bureau of Investigation (FBI) 2018 • Survey of SROs-Education Week Research Survey 2018 411 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 43 OF 59 APPENDICES Appendix A Active Shooter Incidents in U.S. Schools Since 1999* (Material from Wikipedia) Date Location School Deaths Injuries 3/27/2023 Nashville, TN Covenant School 6 0 3/22/2023 Denver, CO East High 0 2 2/13/2023 East Lansing, MI Michigan State Univ. 5 9 12/8/2022 Tallahassee, FL Florida A & M Univ. 1 4 11/13/2022 Charlottesville, VA University of VA 3 2 10/24/2022 St. Louis, MO Central V & P High 3 7 5/24/2022 Uvalde, TX Robb Elementary 22 18 11/30/2022 Oxford, MI Oxford High 4 7 11/14/2019 Santa Clara, CA Saugus High 3 3 5/18/2018 Santa Fe, NM Santa Fe High 10 14 2/14/2018 Parkland, FL Stoneman-Douglas High 17 17 1/23/2018 Benton, KY Marshall County High 2 16 12/7/2017 Aztec, NM Aztec High 3 0 4/10/2017 San Bernardino, CA North Park Elementary 3 1 9/28/2016 Townville, SC Townville Elementary 2 3 12/12/2014 Portland, OR Rosemary Anderson High 0 4 10/24/2014 Marysville, WN Marysville Pilchuck High 5 1 12/14/2012 Newtown, CT Sandy Hook Elementary 28 2 2/27/2012 Chardon, OH Chardon High 3 3 10/2/2006 Bart Township, PA West Nickel Mines Elem. 6 5 4/14/2003 New Orleans, LA John Mc Donogh High 1 3 3/5/2001 Santee, CA Santana High 2 13 5/20/1999 Conyers, GA Heritage High 0 6 4/20/1999 Littleton, CO Columbine High 15 24 *Does not include shootings such as by gangs, or revenge shootings around a school or on streets or parking lots near a school. 412 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 44 OF 59 Appendix B Comprehensive School Safety Plans Best practice considerations and resources for reviewing and approving plans. On September 27, 2018, Governor Brown signed into law Assembly Bill 1747-School Safety Plans. You will find AB 1747 in the California Legislative Information web page. Key provisions of California Education Code (EC) include requiring local educational agencies (LEAs) and the California Department of Education (CDE) to include and post requirements for new content and procedures in the Comprehensive School Safety Plans (CSSPs), which have been implemented. The law requires the California Department of Education (CDE) to develop and post on its website best practices for reviewing and approving school safety plans. In 2020–21 the CDE implemented a statewide survey of local educational agencies (LEAs), school safety administrators, and stakeholders to gather information on current practices, challenges, and resources to assist in developing this content. The state and federal guidance and resources below are provided to assist LEAs in reviewing and approving Comprehensive School Safety Plans (CSSPs). Guidance includes recommendations from the California State Auditor (CSA) Report 2016-136 School Violence Prevention. The CSA Report 2016-136 School Violence Prevention can be found on the CSA’s web page. Background The California Constitution guarantees California children the right to attend public schools that are safe, secure, and peaceful. The CDE, public school districts, county offices of education (COEs), and schools and their personnel are responsible for creating learning environments that are safe and secure. First responders, community partners, and families play an essential role, as well. Schools must be prepared to respond to emergencies including natural and man-made hazards and strive to prevent violence and behavior issues that undermine safety and security. CSSPs include strategies aimed at the prevention of, and education about, potential incidents involving crime and violence on the school campus and aspects of social, emotional, and physical safety for both youth and adults. California Education Code Sections 32280–32289.5: Comprehensive School Safety Plans California Education Code (EC) Section 32281(a) requires every kindergarten through grade twelve school, public and public charter, including community and court schools, to develop and maintain a CSSP designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school 413 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 45 OF 59 personnel. In a school district with fewer than 2,501 units of average daily attendance, there may be one CSSP for all schools within the district. The law requires designated stakeholders to annually engage in a systematic planning process to develop strategies and policies to prevent and respond to potential incidents involving emergencies, natural and other disasters, hate crimes, violence, active assailants/intruders, bullying and cyberbullying, discrimination and harassment, child abuse and neglect, discipline, suspension and expulsion, and other safety aspects. Schools, districts, and COEs all play a role in effective school safety planning and are responsible for familiarity with, and fulfillment of, applicable requirements of EC sections 32280-32289.5. Timeline for the Comprehensive School Safety Plan The law requires that each school update and adopt its CSSP by March 1 annually. It requires that the school district or COE approve CSSPs. EC does not specify a date by which the safety plan must be approved by the district; however, the school district or COE must annually notify the CDE by October 15 of any school(s) that have not complied with requirements. Effective school safety planning must be a dynamic, ongoing process with plans being reviewed and evaluated regularly, and after critical incidents. For full section from CDE website, go to: Comprehensive School Safety Plans - Violence Prevention (CA Dept of Education) https://www.cde.ca.gov/ls/ss/vp/cssp.asp 414 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 46 OF 59 Appendix C 415 Orange County Sherift's Department School Resource Officer Program Active Shooter Tabletop Exercise Situation Manual Date: Tuesday, December 6, 2022 This Situation Manual (SitMan) pro vides exerci s e participants with all the necessary t ools for their roles in the exercise. S o me exercise material is intended for the exclusive use of exercise planners, facilitato rs, and evaluat o rs, but players may view o ther materials that are necessary t o their performance. All exercise participants may view the SitMan. 1 For Exercise Use Only SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 47 OF 59 416 EXERCISE AGENDA Time I Activity 1300 -1310 Welcome and Participant Briefin g 1310 -1335 Mo dule One: Preparedness 1335 -1400 Mo dule Two: Incident Response 1400 -1425 Module 111ree: Re-Unification 1425 -1430 De-Brief 1430 Exercise End * All times are approximate 2 For Exercise Use Only SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 48 OF 59 417 EXERCISE OVERVIEW Exercise Name Exercise Date Scope '.\Iission .\rea(s) Core Capabilities Threat or Hazard Scemuio Sponsor School Active Shooter Tabletop Exercise Tuesday, December 6, 2022; 1300-1430 This one and a half hour facilitated exercise will feature discussion on the preparedness, coordination, and response of Law Enforcement resources in the response to an Active Shooter Incident. Prevention, Protection, and Response • Screening, Search, and Detection • Operational Coordination • Interdiction and Disruption 1. Discuss current plans , policies and procedures for the potential mitigation of an active shooter in a school environment. 2. Evaluate plans to evacuate all affected areas, including notification of any evacuation, traffic control, security, student accountability, and operational coordination. 3. Discuss anticipated response from law enforcement and required communication between response agencies, schools, and the public . Active Shooter The scenario focuses on an active shooter affecting areas in southeastern Orange County. The scenario consists of three modules: Incident notification and initial response, incident expansion, and investigation. • Orange County Sheriff's Department School Resource Officer Program 3 For Exercise Use Only SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 49 OF 59 418 GENERAL INFORMATION Participant Roles and Responsibilities The term participant encompasses many groups of people. Groups of participants involved in the exercise, and their respective roles and responsibilities , are describ ed below: • Players. Players are personnel who have an active role in discuss ing or perfo1ming their regular roles and res ponsibilities during the exercise. Players discuss or initiate actions in response to the exercise scenario. • Observers. Observers do not directly participate in the exercise. They may support the development of player responses to the situation during the discussion by providing subject matter expertise and asking rel evant questions. • Facilitators. Facilitators provide situation updates and moderate discussions . They keep the discussions focused on the objectives, prevent distractions , and keep the exercise on schedule. Facilitators may also provide additional information or resolve questions as required. Key Exercise Planning Team members also may assist with facilitation as subject m atte r experts (SMEs) during the exercise. Exercise Structure This exercise will be a discussion-based, facilitated exercise. Players will participate in the following modules: • Module One: Preparedness • Module Two: Incide nt Response • Module Three: Re-Unification Each module begins with a summary of key events. After the updates, participants will review the situation and engage in discussions of appropriate response issues . Exercise Guidelines • The scenario and exercise design is a collaboration between all stakeholders . • This exercise will be held in an open, low-stress, no-fault environment. Participants should expect varying viewpoints, even disagreements. • Re spond to the scenario using your knowledge of cmTent plans and capabilities and insights deri ve d from your understan ding of plans, policies, and procedures. • Decisions are not precedent setting and may not reflect your organization 's final position on a given issue. This exercis e i s an opportunity to discuss and present multiple options and possible solutions . • Issue identification is not as valuable as suggestions and recommendations that could improve r esponse and recover y effo rts. Exercis e participants will benefit most when they focus on problem solving efforts. 4 For Exercise Use Only SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 50 OF 59 419 Exercise Assumptions and Artificialities In any exercise, assumptions and attificialities will be necessary to complete play in the time allotted. Although everyone may not agree with exactl y how the scenario is presente d, they will benefit most when they leverage the scenario as the driver to stimulate their discussions and inputs. During this exercis e, the following apply: • The scenario for this exercise is artifi cial. • The exercise is conducted in a no-fault learning environment wherein capabilities, plans, systems, and proces ses will be evaluated (not the participants). • The exercise scenario is plausible. • There are neither "hidden agendas" nor any "trick ques tions." • All players receive information at the same time. 5 For Exercise Use Only SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 51 OF 59 Appendix D Department of Homeland Security School Safety Assessment Checklist The survey includes the following seven primary topic areas: (1) Security – Emergency Management: Security management refers to the people, plans, and procedures that a K-12 school has in place to deal with security issues, including but not limited to active-shooter issues. Factors that contribute to the effectiveness of security and emergency management efforts at schools include the designation of a security manager; existence of security and emergency operations plans; commitment to training and exercises on these plans; procedures for handling suspicious objects; and engaging in preparedness and security working groups with external partners. Schools may use different names for a security plan or incorporate elements of a security plan into broader emergency operations plans, which outline the school’s approach to operations before, during, and after an emergency. Understanding which activities occur at an individual school level and which activities occur at the school district level are important considerations for K-12 school personnel to factor into their security and emergency management practices. (2) Security Force: A security force is a group of school employees or contractors whose sole responsibilities are to provide security at a school. A security force does not include general school personnel who are trained in security awareness (i.e., observe and report) in addition to their regular duties. Security forces at schools may include school resource officers (SROs), who are sworn law enforcement officers responsible for safety and crime prevention in schools. A local police department, sheriff's agency, or school system typically employs SROs who work closely with school administrators in an effort to create a safer environment. The responsibilities of SROs are similar to regular police officers in that they have the ability to make arrests, respond to calls for service, and document incidents that occur within their jurisdiction. Some schools may have a dedicated SRO who is assigned full-time to an individual school. Other schools may have SROs who balance responsibilities at multiple schools within a district. Other models may involve full- or part-time private security personnel serving in security force roles, or school officials serving in multiple roles that include but are not limited to security. In this section, a school is considered to have security force only if it has people whose sole responsibilities are to provide security. (3) Entry Control: Controlling how and when faculty, staff, students, and visitors can access school buildings and grounds is considered an effective mechanism for protecting against different threats, including active shooters. These controls can include minimizing the number of points of entry, requiring identification, or conducting searches. However, these entry controls may sometimes run counter to the overarching objective of creating an open learning environment at K-12 420 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 52 OF 59 schools. Entry controls are part of the broader layers of defense that schools have in place to enhance security. These layers of protective measures are deployed in concentric circles around a school, starting at the outer perimeter and moving inward to areas with the greatest need for protection. Entry controls can help deter individuals from initiating violent attacks, detect attacks earlier at a safe distance, and delay attackers from reaching vulnerable and/or highly populated locations. 4) Fencing and Gates: Fences are barriers enclosing or bordering a school that are used to prevent entrance, contain people to particular areas, or mark a boundary. Gates are openings in that perimeter that allow people or vehicles to pass through at controlled points of entry. Together, fences and gates are part of the broader layers of defense that schools have in place to protect against a spectrum of security issues, including but not limited to active shooters. These layers of protective measures are deployed in concentric circles around a school, starting at the outer perimeter and moving inward to areas with the greatest need for protection. Often fences are installed at a school for the purpose of protecting people and property from harm or damage from playground or sports items. These sections of fence may serve dual purposes of security and protection. However, when looking at fence lines, school officials should consider all sections of the fence, not just the tallest, newest, or what appears to be most secure. Areas where a person could easily penetrate the fence line and access the property are also important to evaluate. Fences and gates may deter or delay active-shooter intrusion. Fence construction may include different materials (e.g., chain link, wood, wrought iron, plastic), heights, anchoring, and other features (e.g., barbed wire along the top, privacy screening, outriggers). Similarly, gates can apply to vehicles and pedestrians and may include moveable bollards, roller or slide gates, swing gates, or turnstiles, among other construction options. It is understood that use of fences or gates is simply not practical in many locations. In that case, the building envelope, in particular windows and doors and the entry control process are the primary elements to deter or delay. (5) Parking and Barriers: Parking and barriers are part of the broader layers of defense that schools have in place to enhance security. These security measures may be considered more relevant to explosive threats (i.e., where standoff distance is important) or vehicle ramming threats (i.e., where high-speed avenues of approach are a concern). However, parking controls and barriers can also help deter individuals from initiating armed attacks; detect these attacks earlier at a safe distance; and delay attackers from reaching vulnerable and/or highly populated locations on school grounds. Monitoring parking areas for suspicious or illegal vehicle placement can include viewing the parking area via security cameras, requiring onsite security personnel to conduct patrols, or maintaining incidental visual contact through windows. Vehicle screening processes may also uncover weapons that individuals plan to use in active- shooter attacks. 421 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 53 OF 59 (6) Building Envelope: Building envelope is the exterior face of a school building, including walls, roof, windows, and doors. The building envelope provides a significant layer of defense but also includes notable vulnerabilities (i.e., doors, windows) that are important to consider for physical security. Construction materials for doors and windows in particular influence the effectiveness of these features in deterring, delaying, or denying active-shooter attacks. For doors, options include metal- or wood-framed glass; solid- or hollow-core wood; fire- rated steel or aluminum; hollow steel; metal clad; or blast-resistant. Windows may include tempered glass; wire-reinforced glass; laminated glass; bullet-proof glass; and blast-resistant safety films. Access to utilities and fire alarms are important physical security considerations in active-shooter situations because attackers can coopt these features to create diversions or complicate response efforts. Portable buildings that are used for classrooms often add unique challenges. Portable buildings or temporary structures used for classrooms often do not have the same construction features as the primary building. Thus, windows and doors will not have the same level of security. Often the portable buildings are located in unsecured areas that provide easy access to an attacker. If a school has portable buildings and eliminating their use is not practical, additional security measures are often necessary, including increased monitoring, assigned security personnel, retrofitting doors and locks, or ballistic protection on the windows. Securing these school building features as part of steady-state efforts may deter attackers from attempting to exploit them. 7) CCV – VSS: CCV and video surveillance systems (VSS) are electronic systems of cameras, control equipment, recorders, and related apparatus used for surveillance or alarm assessment. These systems can help deter individuals from initiating armed attacks and detect these attacks earlier at a safe distance. CCV/VSS technology options include a range of technologies (i.e., digital or analog, fiber or wireless transmission) and features (i.e., color or black-and-white video, adjustable side-to-side or up-and-down movement of cameras, wide-angle or zoom views). They also can include software that helps identify anomalies and ultimately the ability of users to identify suspicious behaviors. Schools may have dedicated security staff who monitor these systems in real time, or they may only view recorded information in response to specific incidents or inquiries. Following an incident, CCV/VSS data can provide valuable forensic information that first responders can use in response efforts and follow-on investigations. Surveillance cameras can be used to monitor common areas that are not within the normal view of teachers, administrators, or security personnel. Video surveillance can also streamline access control procedures, allowing administrative or security personnel to monitor and control locked entrances remotely when used with intercoms and remote control door locks, if practical. Access to full school survey: School Security Assessment Tool (SSAT) | CISA (https://www.cisa.gov/school-security- assessment-tool) 422 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 54 OF 59 Appendix E 2022-2023 Orange County Grand Jury School Safety Questionnaire For Public Schools Mailing Address: OC Grand Jury, 700 W Civic Center Dr, Santa Ana, CA 92701 e-mail Address: grandjurysupport@occourts.org Admonition: This correspondence and your response to it are strictly confidential. This confidential document may only be discussed with those individuals responsible for or needed to answer the survey questions. This means that the contents of this survey and your answers are not to be released to the public or shared with anyone not directly involved in responding without the prior written authorization of the Orange County Superior Court or Orange County Grand Jury. The Grand Jury assures you that it will maintain the confidentiality of site-specific information provided in each response, will not publicly disclose anything that could lead to the identity of any respondents, and thanks you in advance for your cooperation. School District: ____________________________________________________ Public School: ____________________________________________________ Grade Levels: ____________________________ Enrollment: _____________ Respondent’s Name and Title: ________________________________________ ________________________________________________________________ Phone Number: _________________ e-mail: __________________________ Response Date: ______________ Note: If more room is required to provide the requested information, you may include an additional document numbered to indicate the question. 1. Does your school have a Comprehensive School Safety Plan (CSSP)? ___ Yes ___ No (also select ‘Other’ and explain) ___ Other (please explain): ______________ 2. How often is the CSSP updated and approved? ___ Annual ___ Other (please explain) ______________ ___________________________________ 3. Does your school perform a Safety Assessment as part of the CSSP development process? ___ Yes ___ Other (please explain) ______________ ___________________________________ 4. Does your school have a written policy (or policies) and/or procedure(s) regarding visitor access to your school campus during school hours? ___ Yes ___ District Policy Only ___ No 423 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 55 OF 59 Please submit your CSSP, Safety Assessment, and all School Safety policies and procedures to the Grand Jury, preferably electronically to the e-mail address: grandjurysupport@occourts.org near the top of this page, including policies and procedures that address approved visitor lists, visitor rules and protocols, intruders or unauthorized persons and response protocols, active shooter protocols, lockdowns, evacuations, student release and other related topics. 5. Who is responsible for campus access policy development, periodic reviews, approval, and/or training? (Check all that apply) ___ Principal ___ Additional School Administrators ___ District Superintendent ___ District Administrators and/or Staff ___ School Board ___ Crisis Team Leaders ___ School Site Council ___ Local Law Enforcement ___ Outside Consultants ___ Other (please list) __________________ ___________________________________ 6. A printed or electronic copy of the campus access policy is distributed to: (Check all that apply) ___ District Administrators ___ School Administrators ___ Teachers ___ Substitute Teachers ___ Support Staff ___ Maintenance Staff ___ Parents ___ Students ___ School Volunteers ___ Law Enforcement ___ Other (please list) __________________ ___________________________________ 7. The campus access policy is available in the following languages: (Check all that apply) ___ English ___ Spanish ___ Vietnamese ___ Korean ___ Other (please list) ________________ __________________________________ 8. What funding sources has your school utilized to finance school safety improvements? ___ Bond Issue(s) ___ Federal Funds/Grants ___ State Funds/Grants ___ Fundraisers ___ Philanthropic Entities/Donations ___ Other___________________________ ________________________________ 424 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 56 OF 59 9. What are the attributes of the fence installed around your school? (Check all that apply) ___ Ten feet and higher ___ Eight to ten feet ___ Six to eight feet ___ Less than six feet ___ Single point of entry ___ Multiple points of entry with locking gates ___ Multiple points of entry (no gates) ___ No fence 10. Who receives training regarding visitor/ intruder access to your campus? (Check all that apply) ___ District Administrators ___ School Administrators ___ Teachers ___ Substitute Teachers ___ Support Staff ___ Maintenance Staff ___ Parents ___ Students ___ School Volunteers ___ Other (please list) ________________ ___________________________________ 11. How often is intruder response training provided? (Check all that apply) ___ Periodically ___ Annually ___ Start of Semester/Semi-annually ___ Start of Quarter/Quarterly ___ Monthly ___ New Hire/Staff Transfers (including Teachers) ___ Other (please explain) ____________ ___________________________________ 12. Does your campus conduct active drills for intruders? ___ Yes – Only campus personnel ___ Yes – Campus personnel and students ___ Yes – Campus personnel and law enforcement ___ Yes – Campus personnel, students, and law enforcement ___ No 13. Is there a system in place to alert the entire campus about the presence of intruders? ___ Yes ___ No – Only partial (please explain):____ ________________________________ ___ No (please explain ________________ ________________________________ 14. Are intruder incident reports prepared and filed with law enforcement? ___ Yes ___ No 15. Are intruder logs submitted periodically to the school district? ___ Yes ___ No 425 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 57 OF 59 16. Are intruder events shared with other schools in Orange County? ___ Yes ___ No 17. Are intruder events shared with other schools in the state? ___ Yes ___ No 18. Can classroom doors be locked from inside the classroom? ___ Yes ___ No 19. Can office, gymnasium, auditorium, and cafeteria doors be locked from inside? ___ Yes ___ Some (please list _________________ ___________________________________ ___ No 20. Can classrooms be locked from a central location, such as the main office? ___ Yes ___ No 21. Is there video surveillance of the campus? ___ Yes (check all that apply) ___ Exteriors ___ Offices ___ Hallways ___ Classrooms ___ Auditorium/Theatre ___ Gymnasium ___ Cafeteria ___ Other (please list) _____________ ____________________________ ___ No 22. How does staff distinguish between students and non-students of similar age? Please explain: ______________________ ___________________________________ ___________________________________ ___________________________________ 23. Whom does your school allow onto campus other than students and staff during the school day? (Check all that apply) ___ Parent/Guardian/Family of Student ___ School Volunteers ___ Vendors ___ Contractors ___ Delivery Personnel ___ Family of Staff ___ Other (please list) ________________ ___________________________________ 24. Does your campus utilize Raptor or another identity verification system for visitors? ___ Yes, Raptor (Skip to 28) ___ Other (please list) ________________ ___ No 25. Are visitors required to show picture identification and sign in at the main office? ___ Yes ___ No 426 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 58 OF 59 26. What information is included on temporary visitor badges? (Check all that apply) ___ Name ___ Date ___ Destination on campus ___ Other (please list _________________ ___________________________________ 27. Are logs maintained of all visitors to your campus? ___ Yes ___ No 28. Who is required to wear a visible temporary visitor’s badge? (Check all that apply) ___ Parent/Guardian/Family of Student ___ School Volunteers ___ Vendors ___ Contractors ___ Delivery Personnel ___ Family of Staff ___ Other (please list _________________ ___________________________________ 29. Are visitors required to sign out and surrender temporary visitor badges when leaving the campus? ___ Yes, always ___ Yes, sometimes (please explain) _____ _______________________________ ___ No (please explain ________________ _______________________________ 30. Who is required to wear a photo identification badge while on campus during the school day? (Check all that apply) ___ District Administrators ___ School Administrators ___ Teachers ___ Substitute Teachers ___ Support Staff ___ Maintenance ___ Parents ___ Students ___ School Volunteers ___ Other (please list) ________________ ___________________________________ 31. Does your school allow any visitors onto campus without signing in during the school day? ___ No ___ Yes (please explain) ______________ ___________________________________ ___________________________________ 32. If a visitor accesses the campus without checking in, how is the visitor located, tracked, and identified? Please explain: ______________________ ___________________________________ ___________________________________ ___________________________________ 33. Who is equipped with two-way communication devices? (Check all that apply) ___ School Administrators ___ School Staff ___ Teachers ___ Substitute Teachers ___ Maintenance Staff ___ Coaches ___ Other __________________________ ___________________________________ 427 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 59 OF 59 34. Is there a policy in place to alert the office staff about school employees or family members of students with active restraining orders? ___ Yes ___ No (please explain) _______________ ___________________________________ ___________________________________ 35. Is there a procedure in place that encourages the reporting of weaknesses or failures in any campus security systems? ___ Yes ___ No 36. What are your biggest concerns regarding your ability to secure your school campus from outside intrusion? Please explain: ______________________ ___________________________________ ___________________________________ 37. Does your school have a Wellness Program on campus to identify students who may be in crisis and provide behavioral and mental health support to prevent the crisis from becoming violent? ___ No ___ Yes (please describe): _____________ ___________________________________ ___________________________________ ___________________________________ 38. If your school was granted additional funding for security, how would the school use it? Please explain: ______________________ ___________________________________ ___________________________________ 39. Are there any other security measures in place at your school that were not revealed in prior questions and answers? ___ Yes (please explain): ______________ ________________________________ _______________________________ ___ No 40. Is there anything else about your school’s security that you wish the Grand Jury to know? ___ Yes (please explain): ______________ ________________________________ ________________________________ ___ No 41. Please provide the names and contact information of anyone else to whom the Grand Jury may reach out to, other than those identified in Question 2, should it have additional or follow-up questions: Please list: _________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ 428 August 24, 2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive, West Santa Ana, CA 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report School Shooting: How Prepared are Orange County Public Schools? Honorable Presiding Judge Maria Hernandez, The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with the Grand Jury’s request, approved the following responses to the report. F1: Law enforcement, first responders, and other stakeholders have demonstrated a strong interest in working cooperatively with Orange County Public Schools to mitigate the risk of an active shooter incident; the establishment of MOUs between law enforcement and school districts would strengthen this cooperation. Response: The City of Huntington Beach agrees with this finding. F8: School Resource Officers (SROs) are a valuable asset for school safety, yet many cities/districts do not allocate sufficient funds to hire needed officers. Response: The City of Huntington Beach agrees with this finding. R1: Each Orange County school district should arrange for local law enforcement to do an annual safety inspection of each school. The written safety checklist should include an audit of the integrity of site boundaries and a review of safety plans and policies. This annual safety audit should commence with the 2023-24 school year by October 1, 2023, and annually thereafter. Response: This recommendation has been implemented. Prior to the start of the 2022 / 2023 school year, Huntington Beach Police Department SROs completed school safety inspections of all 32 public school campuses. This included updating the police department’s maps of each campus, and making them available in a digital format accessible to all officers. R3: Each Orange County school district, in conjunction with law enforcement, should develop and implement tabletop exercises to be conducted in district schools by December 31, 2023, and annually thereafter. 429 Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R4: Each Orange County school district should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2024, and at least every other year thereafter. Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies, since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R12: Each Orange County school district should assess the need for SROs or additional SROs, reaching out to appropriate community partners to facilitate funding by July 1, 2024. Response: This recommendation requires further analysis. The city supports the continual involvement of our public school districts to assess the need for additional SROs and facilitate funding of these positions. Sincerely, 430 Welcome to the Neighborhood Are cities responsibly managing the integration of group homes? County of Orange Grand Jury 2022-2023 431 TABLE OF CONTENTS SUMMARY ....................................................................................................................................... 3 BACKGROUND ................................................................................................................................. 4 REASON FOR STUDY ........................................................................................................................ 6 METHOD OF STUDY......................................................................................................................... 7 INVESTIGATION AND ANALYSIS ...................................................................................................... 7 OC Group Home Density ............................................................................................................. 8 Tracking Challenges .................................................................................................................. 10 Common Nuisances .................................................................................................................. 11 Lead Cities ................................................................................................................................. 12 Cities Are Standing Alone .......................................................................................................... 12 Fear of Litigation Costs ............................................................................................................. 13 State Actions ............................................................................................................................. 17 Housing Element ....................................................................................................................... 18 Educating the Public ................................................................................................................. 19 How Has This Issue Evolved? .................................................................................................... 23 FINDINGS ....................................................................................................................................... 24 RECOMMENDATIONS ................................................................................................................... 25 RESPONSES .................................................................................................................................... 25 90 Day Response Required ....................................................................................................... 27 GLOSSARY ...................................................................................................................................... 29 BIBLIOGRAPHY .............................................................................................................................. 34 NOTICE .......................................................................................................................................... 40 END NOTES .................................................................................................................................... 40 432 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 3 of 42 SUMMARY Group homes are an important component in the healthcare and/or recovery of many people. These homes provide, among other things, Substance Recovery, Hospice Care, Residential Care for the Elderly, and Sober Living. When group homes are operated for the well-being of their residents and with respect for their neighbors, they can be an asset to their host community. However, they can occasionally become disruptive and the motivation for nuisance calls to local code enforcement. In extreme cases, the “curbing” of residents can contribute to the homeless population. Negative interactions with disruptive group homes often lead to neighborhood opposition and anger towards city officials. How cities respond to the anger of their constituents impacts their ability to successfully integrate group homes. Residents are more likely to respond positively when cities offer townhall style meetings with police, fire, code enforcement, legal, and subject matter expert involvement, especially where the subject is discussed objectively, and public input is encouraged and respected. Issues and concerns neighborhood residents have with group homes stem primarily from an over-concentration of homes in residential areas. Multiple cities in Orange County have attempted to manage integration of group homes into neighborhoods by enacting ordinances that include setting a minimum distance between group homes to avoid the problems associated with over-concentration. Most cities with such ordinances have not enforced them due to the fear of incurring litigation costs. The Grand Jury reviewed the challenges of successfully integrating group homes into neighborhoods, including pressures exerted on Orange County cities by residents, group home operators, and the State of California. The State of California has recently joined the group home debate, has altered the conversation, and raised the stakes. The State wields a large club with its power of approval of the required Housing Element. The California Housing and Community Development Department (HCD) is withholding approval for cities that have ordinances attempting to place limits or impose oversight on group homes. Cities are then vulnerable to a loss of control over zoning and permitting, as well as loss of State and regional funding. Some cities have decided to push back on the pressures put on them from HCD and the fight has been carried out on an individual city basis. The Orange County Grand Jury recommends that the County of Orange and cities join forces to create ordinances, pool resources for defense of lawsuits, and work together to generate awareness among legislators to improve regulations and management standards to ensure health and safety for group home residents. 433 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 4 of 42 BACKGROUND Orange County has 42 miles of beautiful coastline, three harbors, and 25 urban and wilderness parks - including 230 miles of riding and hiking trails. Orange County also has the dubious honor of having more than its share of our State’s total number of group recovery and sober living residences. Frequently referred to as “The Rehab Riviera”, several cities in Orange County have been dealing with pockets of over- concentration of these types of group homes. This has posed challenges for the residents in whose neighborhoods they are located, as well as the occupants of the recovery and sober living homes. Many of the homes in question are privately owned, unlicensed, unsupervised, and a challenge to monitor and regulate. When a neighborhood has multiple group homes, it becomes a more institutional environment; this alters the character of the neighborhood and defeats the purpose of the “integration” of people who are recovering. The Orange County coast is a magnet for sober living homes To address these shortcomings, multiple cities, and the County, on behalf of unincorporated areas, have enacted ordinances that manage the permitting and tracking of group homes. Several significant pieces of legislation have played a part in the expansion of group homes. These include California’s Lanterman Mental Retardation Act (1988), the Federal Fair Housing Amendments Act of 1988, the California Community Care Facilities Act, and California’s Substance Abuse and Crime Prevention Act of 2000 (Proposition 36). The resulting deinstitutionalization has had a positive effect on the lives of many people but has created a challenge for cities as they work towards the responsible integration of the group living arrangements necessary to accommodate the impacted population.1 434 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 5 of 42 Since deinstitutionalization, the State of California has resisted appeals from local cities to pass permitting laws, distancing requirements, or any type of regulation at all. There is a misconception that these regulatory ordinances are intended to discriminate against people who are disabled due to alcohol and drug addiction, and the State of California has cited this misconception as the guiding principle for its dogged challenge of most attempts by cities to manage the responsible integration of group homes into residential neighborhoods. Rather, such city ordinances are intended to protect those people who suffer from alcohol and drug addiction, as well as the neighborhoods where group homes are located. Licensed residential rehab programs are subject to the same local laws as single-family homes, and no more. State law imposes fewer restrictions on licensed rehab programs than other licensed group homes. The Community Care Facilities Act, from which alcohol and drug rehab facilities are exempt, imposes restrictions that protect the character of residential neighborhoods. Under this act, cities receive written notice of a proposed facility, and any city or county may request denial of the license based on overconcentration of residential care facilities. While alcohol and drug programs that provide 24-hour residential non-medical services to adults recovering from drug or alcohol abuse must obtain a State license, they cannot be regulated any differently from a single-family home if they serve six or fewer people. California Health & Safety Code Sections 1520.5 and 1267.9 state it is a policy of the State to prevent overconcentration of residential facilities that impair the integrity of residential neighborhoods. Section 1520.5 states that the department shall deny an application for a new residential facility license if the department determines the facilities location is proximate to an existing residential facility therefore resulting in overconcentration. The statute recognized the need for a balanced policy to prevent overconcentration of residential care facilities which indicates an awareness and understanding of the impact of overconcentration on the integrity of residential neighborhoods. The statute defines overconcentration as less than 300 feet for some types of group homes and up to 1000 feet for others. At the time the statute was enacted it was specific only to certain types of group homes. However, the recent emphasis on providing more housing in California has eroded the intent of this act. Federal and State fair housing laws protect people with disabilities from housing discrimination. Recovering alcoholics and drug addicts are disabled for purposes of anti- discrimination laws. When people in recovery live together in a “sober living” home, cities cannot discriminate based on such disabilities, therefore an ordinance cannot treat sober living homes differently than other similar uses in single-family residential zones. Sober living homes are not required to be licensed and are not limited to six or fewer residents. Because no treatment is provided in these substance-free, mutually supportive living environments, no license is required. The limitation of most other group 435 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 6 of 42 homes to six residents is part of the State statute; however, confusion arises because the statute does not apply to sober living homes. There is only so much a city can do to respond to the complaints of its residents when dealing with an overconcentration of group homes in a neighborhood. It is important for city residents to be educated on the barriers faced by cities, and to work with their city to overcome these barriers. Current laws do not adequately address the need to manage the integration of group homes into neighborhoods. Courts should not be where the solutions are found. REASON FOR STUDY Many cities within Orange County have neighborhoods with a dense concentration of group recovery and sober living residences. In most circumstances, cities do not know where these group homes are located unless the homes generate a backlash from neighbors due to various types of disturbances. The Grand Jury examined how Orange County cities are managing the distancing of all types of group homes, and the impact group homes have on neighborhoods and group home residents when the homes are in close proximity to one another. Group homes, most often Recovery and Sober Living homes, and the nuisances that are commonly associated with them, are not new to Orange County. Neighborhood complaints, concerns from individuals living in or related to residents of group homes, the litigious nature of the relationship between cities and group home operators, and abuse of the healthcare system have been in play in Orange County for well over a decade. The Grand Jury began this study by looking at how cities are managing the influx and locations of group homes and identifying best practices where they are found. The working premise was that each city is responsible for the integration of group homes, which would serve to protect the residents of group homes while maintaining the existing neighborhood atmosphere. Has there been success addressing the issues associated with group homes and what does that look like? Are cities going it alone or are there county-wide efforts? Has there been progress made in this area? The Grand Jury approached the topic of group home integration seeking answers to these questions with the expectation that there were some systems in place resulting in the successful integration of group homes. The investigation took a winding road which revealed that, despite countless attempts at change, many of the problems that surfaced over a decade ago are still present. The Grand Jury found that successfully implemented solutions have become even more impactful in light of the State of California’s heavy-handed entry into the debate. 436 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 7 of 42 METHOD OF STUDY The Grand Jury has evaluated official documents, examined news articles, visited multiple recovery/sober living websites, and assessed secondary sources. The Grand Jury reviewed numerous documents, including the 2022 State of California’s Group Home Technical Advisory2 and the 1990 State of California Health and Safety Code.3 To better understand the impact of density, jurors attended townhall and city council meetings virtually, through recordings, and visited neighborhoods in several cities where there is a heavy concentration of group homes. The Grand Jury interviewed numerous subject matter experts, city managers, County and city officials, legislators, city attorneys, group home operators, and legal and real estate professionals. It also examined local, state, and national media reports and opinion pieces regarding group recovery and sober living residences. The Findings and Recommendations herein are based on this work. INVESTIGATION AND ANALYSIS Orange County has some of the heaviest concentrations of group homes and sober living residences in the nation.4 The densities are more than the local population can bear and residents believe the influx of the group home residents seriously impacts their neighborhoods. Similarly, group home and sober living industry experts cite negative impacts on the group home residents themselves. Operators can open a group home where they desire, without having a license or State- endorsed certification, and they can open as many group homes as they desire regardless of local need. Because regulation is slack, cities are challenged to track and regulate the density without any guidance or support from the State. Adding to these concerns is a recent State of California memorandum titled “Group Home Technical Advisory” that characterizes any attempts to regulate the homes as discriminatory.5 It seems that method of thinking has no positive effect on how the homes are run or on how the vulnerable residents in these homes are treated, and quite possibly has the opposite effect. 437 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 8 of 42 “Residents of these homes are moving in and out at an alarming, transitory rate” OC Group Home Density Reportedly, Orange County has more than its share of group homes in California, and the country for that matter, specific to housing individuals in need of Recovery/Sober Living Homes.6 There are no existing requirements for sober living homes with six or fewer residents to identify or register themselves as such. It is estimated that up to 36% of houses required to be licensed (those providing services) by the State of California as group homes for six or fewer residents are located in Orange County. In addition, there are hundreds of group homes not requiring licensing that exist in Orange County neighborhoods. This lack of identification makes it extremely difficult to estimate the total number of sober living homes in our communities.7 As documented in numerous city council and townhall meetings, residents and activists have raised concerns about over-saturation and common nuisances to local community governing bodies (see Common Nuisances section). In many cases, these are neighborhoods in which multiple group homes are in close proximity (for example three in one cul-de-sac) or individual homes are run with little to no on-site supervision. Neighborhoods are losing their original character and familial aspect, with some becoming increasingly institutional and others experiencing more of a “frat house” feel. Residents of these homes are moving in and out at an alarming, transitory rate. Neighbors describe some of these group homes as taking no responsibility for the actions of their inhabitants. Rules and responsibilities are either not imposed or not enforced by the group home operators. The complaints are predominantly related to non-regulated group homes. Over the last several years, multiple cities in Orange County have sought to find a solution to alleviate these concerns. Several have performed due diligence to ensure that any action taken will provide for neighborhoods to remain neighborhoods, and that both the disabled and the recovering addicts needing to live in these types of group homes are in fact living in a normalized residential environment that provides the best opportunity to be successful in their recovery. 438 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 9 of 42 This is not simply a “Not In My Backyard” (NIMBY) issue or reaction as evidenced by the large number of homes that receive few or no complaints. The need for well-run Recovery/Sober Living Homes is not in dispute. Concerns arise when these homes are poorly run and/or when multiple homes are in close proximity, contributing to the problem of over-concentration. These two circumstances cause changes in the local neighborhood, and it is questionable whether they are aiding the very residents that they are meant to be assisting and whether residents of these homes are integrating into a normalized environment. To that end, various cities have introduced ordinances toward resolving the problem. Some of these include distancing requirements between group homes ranging from 300 to 1000 feet. Some ordinances require group homes to register or self-identify as such. California Health & Safety Code Section 1267.9 provides specific requirements for distancing of most types of group homes settings.8 These requirements are similar to the local city ordinances in that they provide certain spacing restrictions of between 300 and1000 feet. Sober Living Homes, however, are excluded from any distancing requirement by the State. The State imposes licensing requirements on most types of group homes and provides for oversight by one or more State or County agency. Sober Living Homes with six or fewer residents are not required to be licensed by the State and have no regulatory 439 annel ands nal Park + Los Padres National Forest Ina Island ential abitat... Victorville '•' ~u • Anza-Borrego Desert State Park Si w .. ~~ . S •~ 1.,~,, "~ Cl eveland L.:::M:::•i:.P.::,da::;t.::,a ,::Cl;:;2.::,023:;::.:G::;oo~g;;:le~, l::,:N::;;EG.::.l~T::,:•;:;rm::.::,s...,:2;::0.::m:::i.:::a===aa..."-------------" a I e ,;"e,~l,<e f\l,.tinn ,.1 ~nr<>ct G o g le My Maps El Keyboard shortcuts Points show the primary addresses of all non-medi cal alcoholism and drug abuse r ecovery or tr eatment facilities licensed and/or certified by the California Department of Health Care SeNices as of May 4, 20 17. (Map by Ian Wheeler, Orange County Register/SCNG) WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 10 of 42 oversight. These two factors alone allow anyone to set up, open, and advertise this type of group home anywhere in California. Orange County seems to be the favored location, yet has no say in the siting or quantity of group homes in our residential neighborhoods. Tracking Challenges Just where are these sober living homes? All over. How do we know? We actually don’t. There are few local ordinances requiring the registration, licensing, or declaration of any type of unlicensed sober living or recovery residence that has been established in a neighborhood. There are no widely adopted methods to track or monitor any aspect of such dwellings – their location, number of people residing in them, on-site management, or their ownership. The Grand Jury’s research found that most sober living homes are not required by law to have any kind of State license. Some cities have enacted ordinances that require a permit or registration. When a sober living establishment is registered and a complaint is received, the complaint may be recorded and could be tracked, at least for the location of that specific home. Except for the few cities with ordinances regulating sober living homes and the few homes that applied for registration or received ministerial permits, accurate tracking and monitoring remains challenging. Tracking is attainable if cities’ code and law enforcement establish and actively utilize a searchable database that includes 440 WHERE THE REHABS ARE Callfornla has 1,864 rehab tac lhtles, and more than half (1,117) are 1n Los Angeles, San Bernardino, Orange and Riverside co unties. The map below shows t he co ncentra tions of these centers and the ratio of rehabs per resident In some of our c ties . • 1/00 Rehabs per res ident (00) Tota l 1ehabs Rehab cente r AN E C P.asadena l fl,763 (18) Soureo· C rornl a a.pa,,.,..,, ol Public Holll t h na Bebe h 111,183 (20) R ,er $Tde 1/12,665 (25) NA San Juan Caplstra l'\Q ~et 1/9,083 (9) 111•236 l eJllecula <29> 1/5,932 (18) ER C Pam Sprangs 1/3,857 (lZ) WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 11 of 42 information about police and fire calls, nuisance complaints or code infractions, and identification of type of establishment. The use of this information can help identify the location and density of group homes. Common Nuisances Residents living in cities with neighborhoods having a significant number of recovery and sober living homes complain that the proliferation of these group homes in recent years has become unmanageable, and that overconcentration is impacting the quality of life for everyone. For years, many citizens living in neighborhoods with an unrestrained growth of sober living homes have been voicing their concerns and frustrations over the lack of protection their communities are given. While many of these group homes adopt rules and regulations and attempt to be good neighbors, a citizen’s primary method for reporting concerns about a disruptive home is initiating a nuisance complaint to their local law enforcement. The outcry is that unregulated sober living residences make for bad neighbors. Sober living homes are not always bad neighbors, but when they are concentrated in a small geographic area or neighborhood, the common nuisances can become more visible and disruptive. Ultimately, this raises concerns about the potential or actual diminished character of the neighborhood. 441 Common Nuisances Secondhand Smobing Vomiting in Driveways Higher Noise Levels Curbing Increased Foot Traffic Box Trucb Deliveries Increased Street Parbing Substantial Rubbish @ Front Lawns Relapsing in Public Increased Traffic WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 12 of 42 “The well-funded operators are supported by industry organizations and associations in their lawsuits…” Lead Cities Although the City of Costa Mesa has been front and center in the legal fights related to group homes, it was Newport Beach that first stepped into the arena in 2008. Three companies sued the City over an ordinance that was approved by the City Council in 2008 that regulated group homes for recovering addicts.9 Pacific Shores Properties, Newport Coast Recovery, and Yellowstone Women’s First Step House sued Newport Beach for a total of $5.24 million. Still in place today, this ordinance was the first of its kind in Orange County and it established quiet hours, parking and smoking areas, and van routes. It also required the City’s approval for new unlicensed homes for recovering addicts in certain neighborhoods. In 2015, the City reached the end of its seven-year legal battle over sober-living homes with a settlement agreement.10 11 According to the Orange County Register, which cites its own archives, Newport Beach spent at least four million dollars in legal costs on the cases. In 2008, there were 81 facilities and 614 total beds identified in Newport Beach. In 2021, there were a known 30 facilities with 210 total beds. Where did all those facilities and beds go?12 Perhaps to the City of Costa Mesa. In 2015, the City of Costa Mesa enacted their own ordinance (amended in 2017) after seeing a sharp increase in the number of sober living homes followed by a steep increase in the number of community complaints. On the heels of the ordinance came the legal challenges, and Costa Mesa prevailed in all challenges until January 2023 when two sober living homes, embroiled in litigation against the city, were handed a legal victory in federal court. The earlier dismissal was reversed and remanded by the Ninth Circuit Court of Appeals which ruled that asking operators of sober living facilities for proof of disability violates federal law barring discrimination against those with disabilities and bars discrimination in housing. As the legal battle waged on, other local governments explored, advanced, or enacted regulation of sober living homes, including the County of Orange (2015), and Cities of Laguna Hills (2015), San Clemente (2016), Laguna Niguel (2016), San Juan Capistrano (2016), Anaheim (2020), and Huntington Beach (2020). Most of these entities, perhaps all, have chosen not to enforce their ordinances out of concern of potential litigation, and are waiting for Costa Mesa’s litigation to conclude. Cities Are Standing Alone Multiple cities in the County have executed ordinances to regulate unlicensed group homes. With the exception of the newly formed South Orange County Sober Living and 442 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 13 of 42 Recovery Task Force, cities have not collaborated on solutions to shared and common problems. This has been done on an individual basis, with little collaboration among cities. Prior to drafting an ordinance, some cities study the details and effectiveness of other cities’ actions, particularly the City of Costa Mesa’s ordinance, and use that as a template to draft their own.13 Once enacted, few of the ordinances are being enforced. This lack of enforcement is due to a small number of very specific impediments and concerns. These include: • Fear of litigation costs due to lawsuits filed by group home operators against cities that have enforced ordinances. (The City of Costa Mesa has reportedly incurred over ten million dollars in legal fees in relation to group home litigation.) • Fear of the State of California withholding approval of the Housing Element for cities that have ordinances related to the management of group homes, resulting in the potential loss of state funds and local zoning control. • Lack of enforcement resources. Most cities do not have the staff resources to enforce these ordinances. While individual cities take a wait-and-see approach to follow the progress of other cities that are standing up to the State, little progress is being made. The cities and County of Orange would benefit by working in partnership with one another to garner resources and create a coalition to promote change. While the newly constituted South Orange County Sober Living and Recovery Task Force is a good start, and the first tangible recognition of the need to work together, the Grand Jury recommends a countywide cooperative taskforce. Orange County’s cities and unincorporated areas are demographically diverse.The active sharing of ideas, experiences, and information will be valuable to the overall process of developing a worthwhile model ordinance and plan for moving forward in the efforts to protect both the individual characteristics of Orange County neighborhoods, and all individuals living in those neighborhoods. Fear of Litigation Costs Cities are concerned about the high cost of litigation and the time required to defend ordinances regulating group homes. Private entities have challenged ordinances and in some cases won, and in other cases continued to pursue lawsuits in spite of opposition. In one case, the California Department of Housing and Community Development (HCD) requested that the California Department of Justice file a “friend of the court” application to intervene on behalf the litigant in its case against the City.14 443 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 14 of 42 Two examples of cities being involved in lengthy and costly lawsuits include Newport Beach and Costa Mesa. In 2007, Newport Beach had numerous sober living homes and was facing increasing pressure by residents to regulate them. In January 2008, Newport Beach passed an ordinance regulating sober living homes. The ordinance was carefully crafted to comply with State and federal law.15 By November 2008, several legal actions occurred. These included: 1. A lawsuit from a residents’ group (the “Concerned Citizens of Newport Beach” or CCNB) arguing that the City did not go far enough in enacting Ordinance 2008- 05. CCNB also sued multiple operators and asked for $250 million in damages from the City; 2. Two group home operators (Pacific Shores Recovery and Sober Living by the Sea) filed complaints with the US Department of Housing and Urban Development (HUD) alleging that the City’s ordinance and its practices have discriminated against disabled persons entitled to fair housing; 3. Multiple lawsuits were filed by Sober Living By the Sea (SLBTS) alleging that the City’s group residential uses ordinance was facially discriminatory against persons in recovery. The City reached an agreement with SLBTS; 4. The City filed lawsuits against Morningside Recovery and Pacific Shores Recovery, alleging that some of their operations opened illegally during a short- term temporary moratorium against the establishment of new group residential uses. Pacific Shores Recovery has in turn alleged that the City’s group 444 Snapshot oi Litigation Costs Cityol Cost Mesa $4 mimon Cityol Newport Beach WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 15 of 42 residential uses ordinance was facially discriminatory against persons in recovery; 5. A cross-complaint by the City against Sober Living By The Sea and other operators that consolidated certain lawsuits in U.S. District Court. Chairs are packed during a discussion on sober-living homes in San Clemente in 2016. (Photo by Matt Masin, Orange County Register, SCNG) Subsequently, in 2009, three companies sued the City of Newport Beach over the ordinance, claiming it violated anti-discrimination and fair housing laws because individuals recovering from an addiction are a protected group. A federal judge ruled in favor of the City in 2011. The companies appealed the case and it went to the 9th Circuit Court of Appeals, where the Court’s majority sided with the group homes, saying there was enough evidence to argue discrimination. The Court pointed to comments made during the 2008 hearing, which implied that the City Council was targeting recovery group homes. The City of Newport Beach asked the U.S. Supreme Court to review the case in 2014, but the Court declined. The City settled with the group homes for $5.25 million in 2015. The City’s estimated legal costs exceeded four million dollars,16 for a total cost close to ten million dollars. The City of Costa Mesa waged a fierce and costly legal battle to regulate sober living homes for over five years. As noted in the section regarding the State’s actions and attitude, Costa Mesa fashioned an ordinance within the limits of State and federal laws 445 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 16 of 42 in 2014.17 The City ultimately spent over seven million dollars in litigation, and prevailed in State and federal courts; however, in January 2023, a federal appellate court reversed and remanded the district court’s 2020 ruling. Costa Mesa Ordinance 15-11 sets limited standards for three items that address important societal issues, none of which are discriminatory in nature: 1. Spacing (650 feet apart) 2. Background screening of the house manager 3. Process for evicting residents Spacing between group homes maintains the purpose of the facility and residential character of the neighborhood. Screening protects the residents of the facility. Through interviewees, the Grand Jury learned of group home managers with criminal backgrounds and who are themselves currently substance abusers. Standards for evictions are needed. Through interviews and newspaper articles, the Grand Jury learned of the practice of “curbing,” putting residents out on the curb when their source of payment runs out or when they are in violation of house rules. This practice is believed to contribute to homelessness in Orange County. Costa Mesa’s ordinance serves an important purpose, but the ordinance is still in litigation after several years and at an estimated cost of more than ten million dollars.18 Other Cities in California and Orange County are similarly facing lawsuits and costs associated with group home and sober living ordinances. Cities could pool resources to mitigate litigation cost concerns. A coalition of cities to spread costs is highly recommended. The Grand Jury learned that the lawsuits brought against cities are supported and enabled by an extremely profitable industry. According to John LaRosa at MarketResearch.com on February 5, 2020,19 the group home market is 42 billion dollars per year. Mr. LaRosa also noted that the industry needed to be cleaned up as many of the operators engaged in overbilling, patient brokering, and deceptive marketing. The well-funded operators are supported by industry organizations and associations in their lawsuits. Industry organizations include large groups such as the California Consortium of Addiction Programs and Professionals, Behavioral Health Associates, and National Sober Living Associates. The websites of any of these organizations and several others can be viewed to see the type of support often provided. The organizations not only provide support for lawsuits, but also assist in lobbying State and federal legislators. Many group home operators do not want any type of regulation, as evidenced by the Costa Mesa and Newport lawsuits, though the Grand Jury found some operators who welcome additional regulation to protect the industry from bad operators. In summary, the industry represents a formidable foe in lawsuits due to funding and industry associations. 446 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 17 of 42 State Actions Zoning ordinances are the primary control local governments have over city land use. The State of California has challenged the validity of group home ordinances, thereby inhibiting local governments in addressing group homes through zoning ordinances. If challenged, defense of the ordinances is costly and the alternative is to repeal them, a process that can be politically charged. When Costa Mesa originally prevailed in the lawsuits filed against their 2014 sober living ordinance, the Cities of Encinitas, Huntington Beach, Anaheim and the County of Orange adopted similar ordinances for sober living facilities. In May 2021, the California Department of Housing and Community Development (HCD) sent a letter to the City of Encinitas stating its ordinance was in violation of statutory prohibitions on discrimination in land use. HCD said the city must take immediate steps to repeal the ordinance. HCD’s letter to the City of Encinitas noted “The City appears to take significant comfort from certain court opinions, several unpublished, appearing to reject specific, largely different and distinguishable challenges to a different group home ordinance in Costa Mesa, which were brought by private parties rather than the State of California. Those decisions are neither on point nor binding here.” This statement is misleading to the general public because it downplays judicial rulings favoring Costa Mesa’s ordinance. In May of 2021, HCD sent a “Letter of Technical Assistance” to the City of Anaheim in which they discuss Anaheim’s land use regulations. One of the items discussed was a phone call they had with city staff to discuss concerns with the proposed Zoning Code Amendment for group homes. HCD’s concern was that the ordinance “potentially conflict(s) with statutory prohibitions on discrimination in land use”. Also in May of 2021, HCD sent a “Notice of Violation: City of Anaheim Notice of Violations of Housing Element Law and Anti-Discrimination in Land Use” regarding the denial of a conditional use permit for transitional housing. The California Department of Justice (DOJ) subsequently joined a civil lawsuit regarding the same action. HCD believes the City has failed to implement goals, policies, and program actions included in the housing element and failed to act consistent with Government Code requirements in applying standards to the approval of the Project. On December 21, 2022, HCD issued a document titled Group Home Technical Advisory.20 The executive summary includes the following: “In recent years, some local governments have amended their zoning ordinances to add new regulations for group homes, particularly for recovery residences- group homes that provide housing for persons recovering from alcoholism or drug addiction. These amendments have raised concerns that local governments are not complying with their affirmative obligations under state planning and 447 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 18 of 42 zoning laws to promote more inclusive communities and affirmatively further fair housing (AFFH). These amendments have also generated disputes and confusion over whether local governments are violating fair housing laws by discriminating against persons with disabilities or other protected characteristics.” The document assumes the ordinances are not legally compliant and creates difficulties faced by cities trying to reasonably regulate group homes. The document is labeled a “technical advisory” but reads as a policy statement. There were apparently no public hearings regarding the document. These actions by HCD and DOJ, as well as litigation, are challenges municipalities face in adopting ordinances regarding group homes when the courts have found these ordinances compliant with State and federal laws. This was made evident through interviews with representatives of cities. Interviewees also expressed concern that HCD interpreted the laws as being overly restrictive on zoning ordinances and failing to protect the inhabitants of group homes. Housing Element In the State of California, all cities are required to develop a General Plan. The General Plan serves as a blueprint for the future, prescribing policy goals and objectives to shape and guide the physical development of the city. The General Plan is a comprehensive policy document that informs future land use decisions, and it is comprised of multiple elements.21 The Housing Element is one important part of a city or county’s General Plan. Every eight years, every city, town, and county must update their Housing Element and have it certified by the California Department of Housing and Community Development (HCD). The most recent cycle of the new Housing Element has been heavily impacted by the State’s laser focus on housing availability and affordability. On September 28, 2021, Governor Gavin Newsom signed a suite of bills to boost housing production across California which accompanies the Governor’s $22 billion housing affordability and homelessness package and ongoing work by the State to spur more housing production, tackle barriers to construction, and hold local governments accountable. Taken together, the actions reflect the State’s focus on creating more “The document is labeled a “technical advisory” but reads as a policy statement…” 448 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 19 of 42 affordable housing, faster and cheaper. “The acute affordability crisis we are experiencing in California was decades in the making, and now we’re taking the necessary steps to fix it,” said Governor Newsom.22 Although this is a response to a real need in California, the real-world consequences to the “build-build-build” solution are many. One of those can be seen in the State’s myopic push for housing as it has mistakenly equated group homes with additional housing options. But housing is not increased by allowing the unbridled proliferation of recovery and sober living homes. The industry advertises heavily outside of California and brings many of their residents from out-of-state. It is not uncommon for some of these residents to be “kicked to the curb” (referred to as curbing) for various reasons, and because they are not local to Orange County, they have nowhere to go and ultimately face homelessness. HCD wields its power to review and approve State housing elements as a threat to deter city and county efforts to regulate group homes. Approval of the Housing Element has a big impact on a city’s ability to enforce its general plan and to control what gets built and where it is built. Without the HCD’s approval of the housing element, a door is opened to developers to bypass local zoning ordinances by utilizing a seldom used loophole known as Builders Remedy. Under that law, a developer may sidestep city approvals to construct a housing development if 20% of the project’s homes are affordable housing.23 State funding programs for transportation, infrastructure, and housing often require or consider a local jurisdiction’s compliance with Housing Element Law. These competitive funds can be used for fixing roads, adding bike lanes, improving transit, or providing much needed affordable housing to communities. In some cases, funding from state/federal housing programs can only be accessed if the jurisdiction has a compliant housing element.24 25 Educating the Public By the time the public has organized to bring their concerns to city leadership through a letter writing campaign, a joint written complaint, or a petition, their level of frustration has likely been building for quite a while. How city leadership deals with the concerns and frustrations of their constituency is likely to determine whether it will be a collaborative or an adversarial process to find a resolution. Educating the public on the reasons that cities have seemingly been unwilling to address the integration of group homes into Orange County neighborhoods is key to the success of collaborative problem solving. Cities have been squeezed from above by a combination of intense pressure from group home operators citing federal protections for the disabled, and the State of California’s efforts to eliminate group home ordinances by withholding approval on cities’ mandated Housing Element submission. They are also squeezed from below by 449 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 20 of 42 “Some cities have used the multi-discipline, educational, townhall type response to the public outcry while others have not. The outcome can be quite different.” the people in neighborhoods which have been impacted by the over-concentration of group homes, and/or the level of nuisances generated by the group homes. A lack of understanding of the challenges faced by cities leads to the perception that they are unwilling to step up and regulate the various group home types that are springing up in neighborhoods. Public education will reveal that there is not an unwillingness of cities, or the public, to find resolutions, but rather there are many hurdles promulgated by State and federal agencies that often prevent opportunities for reaching a solution. Cities should work together, and with State legislators and other stakeholders, to look for ways to affect change at the State level as well as provide more focused public education that addresses these issues. In an effort to inform their citizens, some cities have used the multi-discipline, educational, townhall type response to the public outcry while others have not. The outcome can be quite different. To illustrate, we need look no further than a tale of three cities: Anaheim, Newport Beach, and Laguna Hills. Anaheim’s group home issue heated up in October 2021 when Grandma’s House of Hope requested a Conditional Use Permit (CUP) to use a large house as a transitional living home for 19 intractably mentally ill women.26 It was not Grandma’s House of Hope’s first group home in Anaheim; it was the latest in many previously successful CUP requests. Local residents coalesced against this CUP request in a vocal and organized manner. Whether it was the number of residents impacted, the descriptor of the group home residents as intractably mentally ill, or just one group home too many in this neighborhood, this organized effort to prevent the approval of the large group home attracted hundreds of local citizens and activists from both sides of the issue. It seemed that the majority of these people attended the planning commission meeting to voice their opinions during the public comment portion of the agenda and to let the City’s Planning Commission see the strength of their numbers. 450 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 21 of 42 The Planning Commission was seemingly prepared to accept the staff recommendation for approval. Public comment took over five hours, most of which was overwhelmingly against the approval of the group home. The applicant and the Planning Commission both expressed surprise at the public backlash. Ultimately, the approval recommendation was scrapped, and the Planning Commission voted to deny the CUP. Grandma’s House filed an appeal and the application for the CUP was heard by the City Council. The public attended that meeting in larger numbers than at the Planning Commission meeting and they were every bit as angry and frustrated as they were at the earlier meeting. In spite of robust response on the issue at the meeting of the Planning Commission just two months earlier, the Anaheim City Council was unprepared for the charged nature of the adversarial clash. Most speakers were passionate but respectful, while some were rude and offensive. It was essentially an angrier repeat of the first meeting and led to the same conclusion, a denial of the CUP.27 The affected public walked away with no better understanding of the reasons why these group homes are hard to regulate due to the pressures put on cities by the State of California. The applicant ultimately filed suit against the city alleging violations of the Housing Element Law, Housing Accountability Act, and statutes governing anti- discrimination in local land use laws. Nearly 200 people packed the Mission Viejo City Council chamber on March 29 for a Town Hall meeting regarding sober living homes. (Tomoya Shimura, Orange County Register, April 1, 2016) The City of Anaheim has not responded to the public concerns in an organized manner. It has not provided an opportunity for the public to come together in a townhall-like meeting where the City could address the issues and the challenges they face, have subject matter experts on hand for short presentations, and allow for comments and questions.28 451 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 22 of 42 In direct contrast to Anaheim’s response, we can look at the steps taken by the Cities of Newport Beach and Laguna Hills. Newport Beach was faced with a petition from its residents in 2007 after a rapid increase in the number of drug rehabilitation homes. The residents reported 103 treatment houses, nearly all on the Balboa Peninsula. There was a town hall hosted by (then) Assemblywoman Mimi Walters, R-Laguna Niguel, and (then) State Senator Tom Harman, R-Huntington Beach, and an estimated 200 people attended. It was an opportunity for dialogue as well as to learn about the constraints placed on cities by the State of California. Newport Beach responded to resident concerns again in late 2021 by organizing a community meeting with speakers from several city departments, a State Assemblywoman, the District Attorney, and a County Supervisor.29 30 Hundreds attend the Sober Living Homes Town Hall meeting at the at the Laguna Hills Community Center on Thursday (Christopher Yee, San Gabriel Valley Tribune, May 13, 2016) We can also look at the steps taken by the City of Laguna Hills. In 2016, the City responded to public outcry regarding group home issues by hosting a Town Hall on the subject. The Town Hall was hosted by (then) State Senator Pat Bates and several other State and local legislators. Also in attendance were attorneys with extensive knowledge of the issue as well as other subject matter experts. More than 600 people attended, and it was an opportunity for the residents in attendance to gain a better understanding of the challenges the City faces in regulating unlicensed group homes, as well as for the City to hear the concerns and frustrations of attendees. Proving that, when cities work to 452 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 23 of 42 inform their constituents, and allow for a robust but respectful dialogue, they create an opportunity for collaborative problem solving.31 How Has This Issue Evolved? The timing of this investigation aligned with the required submission of the Housing Element portion of each city’s General Plan. The State’s disapproval of a city’s Housing Element carries heavy consequences, and the State of California has used the withholding of this needed approval to coerce cities to abandon their group home ordinances. The Grand Jury was previously unaware of the power behind group home lobbyists and the number of proposed legislative bills that never made it to a vote. The State’s policy- making role limits a city’s ability to responsibly manage the integration of group homes and, as a consequence, the trajectory and focus of the study changed and widened with this knowledge. The Grand Jury looked at broader factors influencing the group home industry, its influence, its effect on communities and often its seeming lack of real concern about its clients. The group home industry is immense, requires improved relations with cities, and needs more effective local governmental oversight. 453 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 24 of 42 FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Welcome to the Neighborhood - Are cities responsibly managing the integration of group homes?” the 2022-2023 Orange County Grand Jury has arrived at eleven principal findings, as follows: F1 Group homes too close to one another contribute to the problems associated with overconcentration. F2 Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. F3 Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. F4 Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. F5 Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes. F6 Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation. F7 Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. F8 City and County officials are deterred from regulating group homes by California Housing and Community Development’s housing element approval process. F9 Cities have historically strategized and acted independently in addressing group home challenges and solutions. F10 Well-operated group homes can integrate smoothly into neighborhoods. F11 There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. 454 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 25 of 42 RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled, “Welcome to the Neighborhood - Are cities responsibly managing the integration of group homes?” the 2022-2023 Orange County Grand Jury makes the following five recommendations: R1 Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3, F4) R2 By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9) R3 Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (F6, F8, F9) R4 The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024. (F2, F10, F11) R5 Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (F5, F7, F11) RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings 455 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 26 of 42 and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. 456 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 27 of 42 The Orange County Grand Jury requires and requests the following responses: 90 Day Response Required County of Orange Board of Supervisors F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 County of Orange Board of Supervisors R1, R2, R3, R4, R5 City Councils of: Aliso Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Aliso Viejo R1, R2, R3, R4, R5 Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Anaheim R1, R2, R3, R4, R5 Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Brea R1, R2, R3, R4, R5 Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Buena Park R1, R2, R3, R4, R5 Costa Mesa F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Costa Mesa R1, R2, R3, R4, R5 Cypress F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Cypress R1, R2, R3, R4, R5 Dana Point F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Dana Point R1, R2, R3, R4, R5 Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Fountain Valley R1, R2, R3, R4, R5 Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Fullerton R1, R2, R3, R4, R5 Garden Grove F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Garden Grove R1, R2, R3, R4, R5 Huntington Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Huntington Beach R1, R2, R3, R4, R5 Irvine F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Irvine R1, R2, R3, R4, R5 La Habra F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 La Habra R1, R2, R3, R4, R5 La Palma F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 La Palma R1, R2, R3, R4, R5 Laguna Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Laguna Beach R1, R2, R3, R4, R5 Laguna Hills F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Laguna Hills R1, R2, R3, R4, R5 Laguna Niguel F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Laguna Niguel R1, R2, R3, R4, R5 Laguna Woods F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 457 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 28 of 42 Laguna Woods R1, R2, R3, R4, R5 Lake Forest F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Lake Forest R1, R2, R3, R4, R5 Los Alamitos F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, Los Alamitos R1, R2, R3, R4, R5 Mission Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Mission Viejo R1, R2, R3, R4, R5 Newport Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Newport Beach R1, R2, R3, R4, R5 Orange F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Orange R1, R2, R3, R4, R5 Placentia F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Placentia R1, R2, R3, R4, R5 Rancho Santa Margarita F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Rancho Santa Margarita R1, R2, R3, R4, R5 San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 San Clemente R1, R2, R3, R4, R5 San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 San Juan Capistrano R1, R2, R3, R4, R5 Santa Ana F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Santa Ana R1, R2, R3, R4, R5 Seal Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Seal Beach R1, R2, R3, R4, R5 Stanton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Stanton R1, R2, R3, R4, R5 Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Tustin R1, R2, R3, R4, R5 Villa Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Villa Park R1, R2, R3, R4, R5 Westminster F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Westminster R1, R2, R3, R4, R5 Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Yorba Linda R1, R2, R3, R4, R5 458 GLOSSARY ADU An accessory dwelling unit, usually just called an ADU, is a secondary housing unit on a single-family residential lot. These may be converted garages, backyard cottages, or granny flats, for example. Brokering A referral system where money or other inducements are exchanged by owners of disreputable homes to get new clients. The recipients may be residents, clinics, or even members of self-help groups such as AA12-step programs. Code Enforcement Activity by local government agencies to identify and correct problems and abuses by citizens and businesses. Congregate Care Living A residential home that offers inpatient services to its residents. Generally, the care that this institution provides is more intense than what a skilled nursing care facility offers but less intense than what a general acute care hospital provides. Curbing The act of evicting residents, often done late at night, so-called because they and their belongings are sent to the curb. Eviction may occur when such residents’ insurance runs out or for violating house rules. They frequently have nowhere to go and often have no resources, essentially rendering them homeless. Deinstitutionalization The closing (or reduction of services) of residential facilities, often referred to as mental hospitals, and the reliance on smaller, more personal “homes” as a means of rehabilitation. Detox Program or facility for assisting a person undergoing treatment from an intoxicating or addictive substance. 459 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 30 of 42 EBT Acronym for Electronic Benefit Transfer, previously known as Food Stamps, these are debit cards issued to eligible participants for the purpose of buying food and other necessities. Emotional Wellness Homes A facility where a person develops the ability to handle their emotions and varied experiences they encounter in life. Emotional wellness is an awareness, understanding, and acceptance of our feelings and the ability to manage and change challenges effectively. Good Neighbor Policy A set of principles and activities designed to provide a consistent means of communication between facilities that provide resident services and their respective neighbors. The Good Neighbor Policy is applicable for Residential Programs when residents and the services have a potential impact including but not limited to community safety, cleanliness, and security in the surrounding neighborhood(s). Group Home (GH)* A residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. Provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group Home. Only State-licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Hospice A type of health care that focuses on the palliation of a terminally ill patient's pain and symptoms and attending to their emotional and spiritual needs at the end of life. Hospice care prioritizes comfort and quality of life by reducing pain and suffering. Housing Element Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan” (also required by the state). General plans serve as a local government’s "blueprint" for how the city and/or county will grow and develop and include eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing. 460 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 31 of 42 Integral Facilities Integral facilities means any combination of two or more facilities located on the same or different parcels, collectively serving seven or more persons, not including the licensee or members of the licensee’s family or persons employed as facility staff, that are under the control or management of the same owner, operator, management company or licensee or any affiliate of any of them, and which together comprise one operation. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services at another facility, or facilities, or by assigning staff, or a consultant or consultants, to provide services to or in more than one facility. Licensing A permit from an authority to own or use something or to do a particular thing or carry on a trade. In reference to this report’s subject matter, licensing from a State or county agency or department. Like-for-Like Identifying the spacing of group homes by type, e.g., sober living within a given distance of sober living, assisted living within a given distance of assisted living, etc. Sober living near assisted living does not meet the like-for-like criteria. Model Ordinance A common set of policies and procedures developed by a government agency to oversee the licensing and operation of group homes. NIMBY Acronym for “Not in My Backyard”. A term used, among other things, to identify citizens who object to having group homes in their neighborhood. Referral Facility Either a Residential Care Facility, Group Home, or Sober Living Home where one or more person’s residency is per a court order or similar directive. Referral facilities must follow the permit procedure according to the base use classification, and are not permitted in the RL (Residential Low Density) zone. Rehab Riviera The nickname given to some sober living facilities in Southern California, referring to the climate. Often used as a selling point in advertising to emphasize the outdoor appeal of homes in the region. 461 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 32 of 42 Rehabilitation The action of restoring someone to health or normal life. Care that can help one get back, maintain or improve abilities. Residential Care Facilities (RCF)* A State Licensed residential facility where care, services, or treatment are provided to persons living in a community residential setting. Provide housing and care/treatment for the elderly, developmentally disabled, chronically ill, and chemical addiction treatment facilities, among others. RCFs that specifically provide drug and or alcohol abuse treatment are licensed by the Department of Health Care Services (DHCS) and are known as alcoholism or drug abuse recovery or treatment facilities. Homes are required to be licensed by the DHCS when at least one of the following services is provided: detoxification, group counseling sessions, individual counseling sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Residential Treatment Centers Sometimes known as rehab which is a live-in health care facility providing services for substance use disorders, mental illness, or other behavioral problems. Saturation Having several group homes within a neighborhood. Single Housekeeping Units Individuals occupying a dwelling unit that have established ties and familiarity with each other; share a lease agreement, have consent of the owner to reside on the property, or own the property; jointly use common areas and interact with each other; and share the household expenses such as rent or ownership costs, utilities, and other household and maintenance costs activities. Six or Under Homes with six or fewer residents. Under State law these may not be required to be licensed or registered. Sober Living Home (SLH)* Sober Living Homes are also group homes, but specifically for people recovering from a chemical addiction that meets the legal definition of disabled. Provides “housing only” that is primarily meant for people who have just come out of rehab and need a 462 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 33 of 42 place to live that is structured and supportive for those in recovery. For the purposes of the Ordinance, a Sober Living Home is not state licensed. No medical care, services, or treatment can occur in a Living Home. Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities). Tracking A method to obtain data, monitor movements and a system to identify and map the location of group homes. Treatment Center A facility where a client or clients go under one roof for services to improve their physical or mental health. A residential treatment center (RTC), sometimes called rehab, is a live-in health care facility providing therapy for substances abuse use disorders, mental illness, or other behavioral problems. Residential treatment may be considered the “last-ditch” approach to treating abnormal psychology or psychopathology. *For the purposes of this report, the City of Huntington Beach’s definitions of group living homes is being used as published on the city’s website. 463 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 34 of 42 BIBLIOGRAPHY Teri Sforza, Will U.S. Supreme Court engage on Costa Mesa’s sober living rules?, Orange County Register, Wednesday, March 15, 2023 Teri Sforza, Addiction centers flee Costa Mesa, move to less regulated OC cities, Orange County Register, Sunday, February 19, 2023 David Zisser, Letter from CA Department of Housing and Development to City of Huntington Beach Planning Department - RE “Ordinance to Ban “Builder’s Remedy” Projects under the Housing Accountability Act (HAA) – Notice of Potential Violation”, California Department of Housing and Community Development web site, Monday, February 13, 2023 Ring Bender Law, SoCal Recovery and Raw Recovery v City of Costa Mesa: Amici Curiae Brief Of The League Of California Cities, The Association Of California Cities Of Newport Beach, Fountain Valley, Mission Viejo, And Orange In Support Of Appellee’s Petition For Rehearing En Banc, Court Filings, Thursday, February 9, 2023 Teri Sforza, Sober homes gain some ground in fight with Costa Mesa, Orange County Register, Sunday, January 15, 2023 Covenant Hills, Day Patient and Outpatient Addiction Treatment in Orange County, YouTube Posting, Friday, November 4, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Orange County Sober Living l Sober Living Near You in SoCal (kaizenhouserecovery.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Sober Living Homes for Men & W General Information omen - Orange County Recovery, Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Orange County Sober Living Homes | Sober Living Homes near me (ocsoberlivingbestsolution.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Drug Rehab Orange County - Lighthouse Treatment Center, Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Huntington Beach Rehab | Drug & Alcohol Substance Abuse Recovery (orangecountyrecovery.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Sober Living Homes in Southern California - Elysium Health Care, Wednesday, October 19, 2022 464 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 35 of 42 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Zinnia Healing - Drug & Alcohol Rehab (serenitylodgelakearrowhead.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, California addiction rehab centers (sunshinebehavioralhealth.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Halfway Houses | ¾ way Houses | Sober Homes in California (addictionblog.org), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Requirements For California Rehabilitation and Sober Living Houses (hypogalblog.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, A Place for Mom, Wednesday, October 19, 2022 Jeff Collins, These Southern California governments have approved housing plans, Orange County Register, Tuesday, October 18, 2022 Jeff Collins, Most Southern California cities miss complete new deadline to complete housing plans, Orange County Register, Tuesday, October 18, 2022 Alicia Robinson, Anaheim should allow home for homeless women with mental health issues, California Attorney General says, Orange County Register, Wednesday, October 5, 2022 Alicia Robinson, Anaheim should allow home for homeless women with mental health issues, California Attorney General says, Orange County Register, Tuesday, October 4, 2022 Public Notice – City of Mission Viejo, Council passes Sober Living and Group Home Ordinance to ensure such facilities operate with the confines of the law, City of Mission Viejo web site Home | City of Mission Viejo, Wednesday, August 24, 2022 Public Notice, Council passes Sober Living and Group Home Ordinance to ensure such facilities operate within the confines of the law, City of Mission Viejo website https://cityofmissionviejo.org/, Wednesday, August 24, 2022 Teri Sforza, Rehab Riviera: New law hopes to keep misleading rehabs from misleading patients, families patients, families, Orange County Register, Wednesday, August 24, 2022 Teri Sforza, California rehab doctor pleads guilty to insurance fraud, Orange County Register, Tuesday, August 16, 2022 Vanessa Serna, Real-life Frankenstein' Beverly Hills surgeon and his girlfriend plead guilty to $600 Million fraud scheme: Used 'body brokers' to find drug addicts to get unnecessary shots so 465 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 36 of 42 they could bill insurance companies to fund their life of luxury, DailyMail.com, Tuesday, August 16, 2022 California Codes, Various Codes, California Code Search “Text” of the following– using “sober” and “living”., Monday, August 8, 2022 City of Laguna Beach Department of Community Development, City of Laguna Beach General Plan Housing Element, City of Laguna Beach Web Site 638115638915170000 (lagunabeachcity.net), Thursday, July 21, 2022 Matt Meyer, What is ‘California sober’ — and does it actually work?, Nexstar Media Inc Fox News San Diego, Saturday, June 25, 2022 Website Information Idea Flight, 9 Different Types of Group Home in California, Idea Flight Web Site Page 9 Different Types of Group Home in California - ideaflight, Friday, April 1, 2022 City of Westminster, Adopted Housing Element 2021-202-, City of Westminster website https://www.westminster-ca.gov/ , Wednesday, January 26, 2022 Scott D. Tenley and Kelly M. Hagemann of Michelman & Robinson LLP, Federal Authorities Have Their Eyes On Sober Living Home Operators And Marketers, Especially In Orange County, Mondaq web site, Friday, November 19, 2021 City of Newport Beach, Community Meeting on Group Residential Uses Meeting Summary, City of Newport Beach web site City of Newport Beach | Home newportbeachca.gov), Monday, October 11, 2021 City of Newport.Beach, Power Point from Community Meeting Sober Living Homes, Group Homes, and State Licensed Residential Care Facilities, City of Newport Beach web site City of Newport Beach | Home newportbeachca.gov), Monday, October 11, 2021 City Newport Beach, Document comparing City of Newport Beach Group Home Ordinance to City of Costa Mesa Group Home Ordinance, City of Newport Beach web site City of Newport Beach | Home newportbeachca.gov), Friday, September 24, 2021 Staff, How to Open a Sober Living Home in California, Blog Post at Sober Living App, Tuesday, May 11, 2021 Web Site Posting, How Much Profit Can Be Made From a Halfway House?, HALFWAY GROUP LLC website How Much Profit Can Be Made From A Halfway House?.openupahalfwayhouse.com), Tuesday, February 2, 2021 County of Orange Press Release, Ending Rehab Riviera: Orange County First, County of Orange website, Thursday, October 1, 2020 County of Orange, County of Orange Group Home Ordinance, County of Orange website, Tuesday, July 28, 2020 466 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 37 of 42 David Gorn, Doing the ‘sober-living dance’ on the Orange County coast, CalMatters, Tuesday, June 23, 2020 Elysia Richardson, Do Drug Treatment Centers Increase Local Crime Rates?, California Highlands Vista Drug Treatment Centers Web Site https://californiahighlandsvistas.com/blog/crime- rates/, Monday, February 10, 2020 Orange County Public Works, Fact Sheet on Group Home Requirements, County of Orange website https://myoceservices.ocgov.com , Saturday, February 1, 2020 Michelle Mears, Orange County Tackles Homeless Issue by regulating Group Homes, Glove, Friday, September 27, 2019 Michelle Mears, Orange County Tackles Homeless Issue by Regulating Group Homes, California Globe, Friday, September 27, 2019 City of Newport Beach, Group Home List, City of Newport Beach web site City of Newport Beach | Home newportbeachca.gov), Thursday, September 19, 2019 Frank Kim, OC County Executive Officer, Memo regarding proposed ordinance to regulate Sober Living Homes, County of Orange Web Site, Wednesday, June 19, 2019 California Department of Social Services,.Overview of the Group Home Rate Classification Levels, DSS Website information sheet, Thursday, April 4, 2019 Miami-Dade County Form, Miami-Dade County Group Home Application, Miami-Dade County Website.Group Home Application-no aff disc 2019 (miamidade.gov), Monday, April 1, 2019 Steven P. Dinkin, Utilizing the Safe Streets Now playbook, San Diego Union-Tribune, Sunday, January 13, 2019 Brady P. Horn, Aakrit Joshi, Johanna Catherine Maclean, Substance Use Disorder Treatment Centers And Property Values, National Bureau Of Economic Research, Tuesday, January 1, 2019 Teri Sforza, New rehab laws may revamp addiction treatment in California, Orange County Register, Thursday, September 27, 2018 City of Laguna Niguel, Group Home Permit Application, City of Laguna Niguel website https://cityoflagunaniguel.org/ , Wednesday, July 4, 2018 William Leonard, Sober living homes in Orange County California, Sober Living Local, Saturday, May 5, 2018 Tony Saavedra, Teri Sforza, Death in rehab generates $7 million award, Orange County Register, Sunday, February 18, 2018 Teri Sforza, Tony Saavedra, Quest for sobriety often ends in sexual assault at some rehabs in Southern California, Orange County Register, Friday, January 19, 2018 467 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 38 of 42 US Department of Health and Human Services, Ensuring Beneficiary Health and Safety in Group Homes Through State implementation, DHSS Web Site https://www.hhs.gov/guidance/document/joint-report-ensuring-beneficiary-health-and-safety- group-homes-through-state , Wednesday, January 10, 2018 Teri Sforza, Rehab Riviera: California testing Vermont’s model to fight addiction, Orange County Register, Friday, December 29, 2017 Teri Sforza, Tony Saavedra, Scott Schwebke, Rehab Riviera: Industry struggling to get clean, Orange County Register, Friday, December 29, 2017 Teri Sforza, Rehab Riviera: Are drugs for drug addicts a solution or a crutch?, Orange County Register, Thursday, December 28, 2017 Tony Saavedra, Scott Schwebke, How a multimillion-dollar empire built around urine drug tests exposes flaws in California’s rehab laws, Orange County Register, Sunday, December 17, 2017 Jordan Graham, Are drug rehab centers fueling homelessness in Southern California?, Orange County Register, Sunday, December 17, 2017 Teri Sforza, Are implants for opioid addicts a new hope or a new scam?, Orange County Register, Sunday, October 22, 2017 Teri Sforza, San Clemente’s ‘discriminatory’ rules on addiction treatment centers intact after suit settles, Orange County Register, Wednesday, July 5, 2017 Teri Sforza, California the over-regulator? Not for addiction treatment, Orange County Register, Friday, June 23, 2017 Teri Sforza, Addiction treatment: The new gold rush. ‘It’s almost chic’, Orange County Register, Friday, June 16, 2017 US Congress Committee on Energy and Commerce, Letter to Thomas E. Price, M.D. Secretary U.S. Department of Health and Human Services Regarding problems resulting from the dramatic surge of addiction treatment centers and “sober living” homes, Congressional Record, Tuesday, June 13, 2017 Scott Schwebke, Teri Sforza, Federal agents search Sovereign Health rehab in San Clemente, elsewhere, Orange County Register, Tuesday, June 13, 2017 California Department of Social Services Community Care Licensing Division, Power Point on Orange County Regional Office and what it does Newport Beach Meeting, Web Site of Department of Social Services www.ccld.ca.gov, Thursday, June 1, 2017 Teri Sforza, Detox can end in death at some ‘non-medical’ Southern California rehabs, Orange County Register, Tuesday, May 23, 2017 468 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 39 of 42 Todd Harmonson, Sean Emery, O.C. District Attorney charges family, doctors with insurance fraud related to sober living homes, urine tests, Orange County Register, Tuesday, May 23, 2017 Teri Sforza, Tony Saavedra, Scott Schwebke, Lori Basheda, Mindy Schauer, Jeff Gritchen, Ian Wheeler, How some Southern California drug rehab addiction centers exploit addiction, Orange County Register, Sunday, May 21, 2017 Teri Sforza, Is there a link between neighborhood rehab programs and petty crime in California?, Orange County Register, Sunday, May 21, 2017 Staff Report, The Southern California rehab industry spans the nation, Orange County Register, Sunday, May 21, 2017 Jan Wheeler, Registered Rehabs Map, Orange County Register, Thursday, May 4, 2017 Mindy Schauer, Heroin’s hold: One man’s journey through the Southern California rehab industry, Orange County Register, Monday, May 1, 2017 CBS News, OC Neighbors Not Comfortable Next to Sober Living Homes, YouTube Posting, Tuesday, November 29, 2016 California Research Bureau, Sober Living Homes in California: Options for State and Local Regulation, California Research Bureau Publication in State Library https://www.library.ca.gov/crb/, Friday, October 7, 2016 Amy A. Mericle, Katherine J. Karriker-Jaffe,.Shalika Gupta, David M. Sheridan, Doug L. Polcin, Distribution and Neighborhood Correlates of Sober Living House Locations in Los Angeles, American Journal of Community Psychology, Thursday, September 1, 2016 Teri Sforza, California argues sober home ordinances are illegal, forcing cities to make expensive decisions, Orange County Register, Saturday, December 19, 2015 J Murphy - City of La Mesa Fact Sheet, Residential Care Facilities (or “Group Homes”) in the City of La Mesa, City of La Mesa website http://www.cityoflamesa.com , Thursday, October 29, 2015 County of Orange published guideline, Orange County Adult Alcohol And Drug Sober Living Facilities Certification Guidelines, County of Orange Sheriff Departments website, Monday, January 27, 2014 Sober Living by the Sea, Drug Rehab and Alcoholism Treatment OC CA by Sober Living by the Sea, YouTube Posting, Wednesday, May 23, 2012 You Get Me3, Santa Ana Sober Living Homes, YouTube Posting, Saturday, July 3, 2010 Paul J. Weinberg, Alcohol And Drug Rehab Homes classic Nimbyism Or Everyone's Fair Share, Thomson Reuters/West Zoning and Planning Law Report, Wednesday, October 1, 2008 469 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 40 of 42 City of Newport Beach, City of Newport Beach Residential Group Home Permit, City of Newport Beach web site City of Newport Beach | Home newportbeachca.gov), Friday, February 1, 2008 David DeBerry, Group Homes in the Neighborhood, Western City, Friday, September 1, 2006 NOTICE Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. END NOTES 1 Group Homes in the Neighborhood David Debarry, Jeff Bellinger, Western City 09-01-2006 https://www.westerncity.com/article/group-homes-neighborhood 2 Ibid. Division of Housing Policy Development. “Group Home Technical Advisory.” California Department of Housing and Community Development, December 2022. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-home-technical-advisory- 2022.pdf 3 CA Health & Safety Code Section 1267.9 4 Sforza, Terri. “California the over-regulator? Not for addiction treatment.” Orange County Register, June 23, 2017. https://www.ocregister.c4om/2017/06/23/california-the-over-regulator-not-for-addiction- treatment 5 ibid . Division of Housing Policy Development. “Group Home Technical Advisory.” California Department of Housing and Community Development, December 2022. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-home-technical-advisory- 2022.pdf 6 Sforza, Terri. “California the over-regulator? Not for addiction treatment.” Orange County Register, June 23, 2017. https://www.ocregister.c6om/2017/06/23/california-the-over-regulator-not-for-addiction- treatment/ 7 California Research Bureau, Sober Living Homes in California: Options for State and Local Regulation, California Research Bureau Publication in State Library Friday, October 7, 2016, https://www.library.ca.gov/crb/, 8 CA Health & Safety Code Section 1267.9 470 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 41 of 42 9Orange County Register Megan Nicolai, July 15, 2015, Newport Beach Settles legal battle over Sober- Living homes. 10 Orange County Register Megan Nicolai, July 15, 2015, Newport Beach Settles legal battle over Sober- Living homes. 11 Los Angeles Times Susannah Rosenblatt, May 22, 2008, Sober living homes rushing to meet Newport’s deadline. 12 Community Meeting on Group Residential Uses October 11, 2021 Meeting Summary https://nbpd.newportbeachca.gov/home/showpublisheddocument/70754/637703409585700000 13 New regional task force will tackle issues with sober living and recovery homes,News Category, City of Mission Viejo Public Notices, September 1, 2022, new regional task force will tackle issues with sober living and recovery homes | City of Mission Viejo 14 Grandma’s House of Hope v. City of Anaheim and City Council of Anaheim Case No. 30-2022- 0124183-CU-WM-OJC 15 Newport Beach Ordinance 2008-05 16 Orange County Register Megan Nicolai, July 15, 2015, Newport Beach Settles legal battle over Sober- Living homes. 17 City of Costa Mesa Ordinance Chapter 13-3001 18 Orange County Register Article, May 21, 2021 – State argues sober home ordinances are illegal, forcing cities to make expensive decisions 19 $42 Billion U.S. Addiction Rehab Industry Poised for Growth, and Challenges (marketresearch.com) 20 Ca Department Of Housing And Community Development, Group Home Technical Advisory, dated December 2022 21 Housing Element Update, 2021-2029 Planning Period FAQ & Fact Sheet,City of Arcadia https://cms9files.revize.com/arcadia/Shape%20Arcadia/Development%20Services/planning/Housing%20 Element%20Update/FAQ/Housing%20Element%20Fact%20Sheet_FINAL.pdf 22 www.gov.ca.gov/2021/09/28/governor-newsom-signs-legislation 23 Growing List of Penalties for Local Governments Failing to Meet State Housing Law, Association of Bay Area Governments, June 2021, https://abag.ca.gov/sites/default/files/documents/2021- 06/Consequences%20of%20Non-Compliance%20with%20Housing%20Laws.pdf 24 Housing Element Update, 2021-2029 Planning Period FAQ & Fact Sheet,City of Arcadia https://cms9files.revize.com/arcadia/Shape%20Arcadia/Development%20Services/planning/Housing%20 Element%20Update/FAQ/Housing%20Element%20Fact%20Sheet_FINAL.pdf 25 Housing Element Update, 2021-2029 Planning Period FAQ & Fact Sheet,City of Arcadia https://cms9files.revize.com/arcadia/Shape%20Arcadia/Development%20Services/planning/Housing%20 Element%20Update/FAQ/Housing%20Element%20Fact%20Sheet_FINAL.pdf 471 WELCOME TO THE NEIGHBORHOOD ORANGE COUNTY GRAND JURY 2022 I 2023 Page 42 of 42 26 Walker, Theresa OC Register 10-25-2021 Housing for mentally ill homeless women draws heated Anaheim response https://www.ocregister.com/2021/10/25/housing-for-mentally-ill-homeless-women-draws-heated-anaheim- response/ 27 Grandma’s House of Hope v. City of Anaheim and City Council of Anaheim Case No. 30-2022- 0124183-CU-WM-OJC 28 City of Anaheim Planning Commission,PC Action Packets 8-30-2021 https://records.anaheim.net/CityClerk/DocView.aspx?id=2428318&dbid=0&repo=CITYOFANAHEIM 29 Many attend town hall on rehab houses,OC Register, 2-23-2007 Many attend Newport town hall on rehab houses – Orange County Register (ocregister.com) 30 Ibid. Many attend town hall on rehab houses 31 Sober Living Homes Town Hall 472 473 City ofHuntington _Beach __ 2000 MA IN STREE T September 5, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 Tony Strickland Mayor CA LIFORNIA 92 648 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "Welcome to the Neighborhood" Are cities responsibly managing the integration of group homes? Honorable Judge Hernandez: In accordance with Penal Code 933 and 933.0S{a) and {b}, the City of Huntington Beach submits the following response to the report, findings, and recommendations of the 2022-2023 Orange County Grand Jury Report entitled, "Welcome to the Neighborhood" Are cities responsibly managing the integration of group homes? FINDINGS Fl. Group homes too close to one another contribute to the problems associated with overconcentration. Response: The City of Huntington Beach agrees with the above finding. F2. Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. Response: The City of Huntington Beach agrees with the above finding. F3. Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. Response: The City of Huntington Beach agrees with the above finding. TELEPHONE (714) 536-5553 474 F4. Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. Response: The City of Huntington Beach is not sure what this refers to, e.g., community complaints about the issue generally or specific homes, or the City's historical response to the issue (?). FS. Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes. Response: The City of Huntington Beach may disagree partially with the above finding. Complaints about alleged illegal activity or residential nuisances received through police and code enforcement are used to locate and track alleged illegal activity or residential nuisances until the complaint is resolved. FG. Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation. Response: This may be true for other cities, the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F7. Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. Response: This may be true for other cities, the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. FS. City and County officials are deterred from regulating group homes by California Housing and Community Development's housing element approval process. Response: The City of Huntington Beach agrees with the above finding; although, the City's current regulatory scheme was not a barrier to the City obtaining approval of its proposed Housing Element. F9. Cities have historically strategized and acted independently in addressing group home challenges and solutions. Response: The City of Huntington Beach agrees with the above finding. FlO. Well-operated group homes can integrate smoothly into neighborhoods. Response: The City of Huntington Beach agrees with the above finding. • 475 Fll. There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. Response: The City of Huntington Beach agrees with the above finding; which is why the City's current regulatory scheme is meritorious. The City's regulations aim to protect both the communities in which the homes are located and those residents in those homes. RECOMMENDATIONS Rl. Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3, F4} Response: This recommendation has not yet been implemented, but will be implemented by the City to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. R2. By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (FG, F7, F9} Response: The City of Huntington Beach has already adopted a local ordinance. R3. Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (FG, FS, F9} Response: The City of Huntington Beach's regulations are currently in compliance with State Law. R4. The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024. (F2, Fl0, Fll) Response: The City is willing to participate in a countywide task force to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. RS. Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (FS, F7, Fll} Response: The City is willing to consider this to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. • 476 Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinka@surfcity-hb.org. Respectfully submitted, Tony Strickland Mayor Historic Rain, Yet Drought Remains County of Orange Grand Jury 2022-2023 477 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 2 of 57 TABLE OF CONTENTS SUMMARY ...................................................................................................................... 3 BACKGROUND .............................................................................................................. 4 REASON FOR STUDY ................................................................................................... 5 METHOD OF STUDY ...................................................................................................... 6 INVESTIGATION AND ANALYSIS.................................................................................. 7 Climate ........................................................................................................................ 7 Water Demands ........................................................................................................... 8 Overview of Water Suppliers and Agencies ................................................................. 9 Metropolitan Water District (MET) – (Water Wholesaler) ............................................. 9 Municipal Water District of Orange County (Water Wholesaler) ................................ 11 Orange County Water District (Water Wholesaler) .................................................... 12 Water Retailers .......................................................................................................... 12 State of California Managed Supplies ........................................................................ 14 Federal Intervention ................................................................................................... 16 Water Justice ............................................................................................................. 16 Actions to Secure and Strengthen Supply ................................................................. 17 Effective Management of Initiatives ........................................................................... 17 Public Awareness of the Need for Action ................................................................... 20 Effect on Local Economy ........................................................................................... 21 Drinking Water Obtained from the Sea ...................................................................... 22 COMMENDATIONS ...................................................................................................... 24 FINDINGS ..................................................................................................................... 24 RECOMMENDATIONS ................................................................................................. 25 REQUIRED RESPONSES ............................................................................................ 26 REQUESTED RESPONSES ......................................................................................... 27 GLOSSARY .................................................................................................................. 31 REFERENCES .............................................................................................................. 34 APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY .................... 38 Purchase of water rights ............................................................................................ 39 Utilization of other supplies ........................................................................................ 44 Water Efficiency to Increase Supply .......................................................................... 44 APPENDIX B: GRAPHICS OF INTEREST ............................................................................ 45 BIBLIOGRAPHY ........................................................................................................... 48 478 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 3 of 57 NOTICE ......................................................................................................................... 56 ENDNOTES .................................................................................................................. 56 SUMMARY The “atmospheric river” of winter 2022-23 in California, causing floods in the lowlands and record snowpack in the mountains, has many people assuming that the “drought is over.” This assumption is far from the truth. Drought conditions are here to stay. While Orange County dams and reservoirs are currently at full capacity and the Sierra snowpack is at its deepest level in many years, there has been limited impact on the Western Rockies, the Colorado River, Lake Powell, and Lake Mead from which Southern California draws a significant amount of its potable water supply. For the purposes of this report, the Orange County Grand Jury differentiated between source and supply. The source of water is the ocean and the resultant precipitation. The supply of water is how precipitation is captured and delivered to consumers of water, including recycling and reuse of this water. Climatologists, water experts, and water managers agree we must adapt to climate change because longer droughts and extreme weather patterns are inevitable, adding urgency towards finding new methods for obtaining additional water sources. In Orange County, the lack of available water over the past few years has frequently been identified as a “Water Crisis”, yet the phrase has failed to capture the scope of how dire the situation is. Generally, people don’t think about having enough water because it has been reliably available their entire lives. Throughout the county, there are numerous innovative water projects under consideration or development, but they may not be timely enough to avoid people running short of water and having to conserve much more, ultimately leading to mandated rationing. Approximately half of all water used in Southern California is imported from the Colorado River and from the California Aqueduct. This imported water is severely constrained and unreliable. With infrequent and unreliable amounts of precipitation supplying both the Northern California Water Project and the Colorado River, the situation is becoming more critical. Several South Orange County cities rely almost solely on these imports. Locally, significant efforts are being made to re-use wastewater. These efforts are limited by the amount of water available from everyday use and do not create a new water source. North and Central Orange County are served by a well-managed supply of water in underground storage, but it cannot meet the needs of the entire County. South County is entirely dependent on imported water. The State of California mandated local governments to provide more affordable housing and is also promoting higher density development. This does not recognize the limitations of the current water supply and its social and economic impacts. The State has failed to provide a supply of water to support these mandates. 479 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 4 of 57 Public awareness must be expanded to encourage better management of our water by expediting the process for planning and construction of new water sources such as desalination and prioritizing funding. The Orange County Grand Jury recommends the creation of a “Climate Resiliency District” to lessen the County’s dependence on State and regional water projects. Just as Orange County supported Measure M and created the Orange County Transportation Authority to solve the county’s transportation crisis, the same bold leadership is needed to solve the county’s water crisis. This report presents information about the current crisis in water planning, existing projects to increase the supply of non-potable water for irrigation, and storage issues. The report makes recommendations for a reliable source of potable water through desalination of ocean water. BACKGROUND Water is our most precious resource, but due to shifts in climatic weather patterns, the reliability of traditional water supplies is under intense pressure in Orange County. Many water business insiders are stating privately that these systemic events are now at a “crisis” stage, despite the recent precipitation. To date, traditional water suppliers in Orange County have not addressed the implications of this systemic shift. They have maximized local resources by recycling, capturing flood water runoff, and finding new areas for storage. However, they have yet to fully develop a transformational drought-resistant water resource outside the status quo. Numerous past Orange County Grand Jury reports1 have dealt with the internal governance and organizational structure or the need for conservation efforts to maximize water utilization. This report elaborates on the dependency on outside water supplies such as the California Water Project and the Colorado River Basin that provide over 50% of our county’s local water supply. South Orange County lacks a bountiful aquifer that provides North and Central Orange County with 70% of its water supply.2 South Orange County depends on imported water for 90% of its needs. These imported water supplies are becoming less reliable, with annual reductions occurring in both the California Water Project and the Colorado River Basin creating major disruptions. Conservation measures have been put in place throughout Orange County to maximize existing supplies to help mitigate these concerns. This is simply inadequate to resolve the long-term supply issue. One of the ways to resolve this issue is desalination, a proven alternative that has not yet been fully implemented in Orange County. 480 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 5 of 57 REASON FOR STUDY The Western United States is experiencing a water crisis. The climate is changing, and our supply of water has diminished while our population has increased. This situation did not occur overnight and the efforts to mitigate the crisis have been slow and ineffective. Existing water agencies in Orange County are not adequately structured or managed to implement the transformational strategies necessary to create a new source of potable water, specifically through desalination. It is possible that a merger of two or more agencies could pivot this new source, but they are already performing the functions for which they were created and it might be difficult to assimilate new functions. The Orange County Grand Jury recommends the creation of a new agency, a Climate Resiliency District, to develop and manage this drought-resistant resource. Local water suppliers, including cities and special districts, are to be commended for attempting to meet the crisis within constraints. The Orange County Water District very 481 . State . ·"" Water Project Entitlemeri• (1972) Where Southern California Gets Its Water 50°/o Import -50°/o Local Transfers & Storage Local Supplies LA Aqueduct (1913) CQlcndo Colorado River Aqueduct (1941 Local Sup ~ • •• Conservation Groundwater & Recy ---~ 2 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 6 of 57 successfully manages the ground water basin serving North and Central Orange County. These efforts include actively pursuing water transfer and water banking agreements outside of Orange County. Local water suppliers need to expand their portfolio to meet demands. Additional capture of precipitation, supplying groundwater through infiltration, additional storage systems, development of ocean desalination, and recycling and reuse of water all need to be considered and improved and implemented. The general public, the ultimate users of the water, need to continue their efforts to conserve water by installing low-flow toilets and showerheads, appliances that use less water, using recycled water for landscape irrigation, and eventually accepting the use of recycled water purified for drinking purposes. They also need to support and expedite the development of desalination plants to create a new source of water for the future. It will be necessary for the water suppliers to develop effective public awareness programs to help the public understand the need and desirability of this new paradigm. METHOD OF STUDY The Orange County Grand Jury (OCGJ) took the following steps in investigating this issue: • Identified and interviewed key personnel: o Persons or entities responsible for providing potable water to their Orange County constituents o Persons knowledgeable in projects to improve capture, reclamation, recycling, delivery, and infrastructure improvements o Persons involved in the planning and execution of providing new habitable dwellings o Persons who are reputable in the field of climatology – past, present, and future • Reviewed information from the various water districts and interested parties including: o Orange County Water District (OCW) o Orange County Coast Keepers o California Department of Water Resources o Miscellaneous Water Districts o Municipal Water District of Orange County (MWDOC) o Metropolitan Water District (MET) • Reviewed numerous documents pertaining to this report (see bibliography for complete list) • Members of the OCGJ toured the following facilities: o Municipal Water District of Orange County Headquarters o Orange County Water District Ground Water Recovery Facility o Metropolitan Water District Headquarters 482 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 7 of 57 “The current state of our climate is a prolonged drought. To survive, local sources of water need to be more resilient. “ F.E. Weymouth Water Treatment Plant and Quality Control Laboratory Pure Water Southern California Demonstration Plant in Carson INVESTIGATION AND ANALYSIS Climate The current state of our climate is a prolonged drought. To survive, local sources of water need to be more resilient. Throughout Earth’s evolution, there have been and continue to be impacts on its climate. The continents have been drifting since there was a super continent, Pangea, 175 million years ago. The resulting different geographic locations have differing climate conditions which are still evolving. These “climate changes” have been extensively studied and documented by paleo-climatologists, and their data has been used to forecast what climate conditions will most probably be in the future. Today’s scientists and climatologists agree that Earth is changing due to evolutionary cycles and that climate warming is being acutely exacerbated and accelerated by the effects of human activities. Worldwide, glaciers are receding, sea levels are rising, and permafrost melting. Many global regions that were historically self-sufficient for potable water are now in periods of extended drought where precipitation is a declining resource. Orange County is directly affected by the resulting effects of climate change, evidenced by water reduction mandates and the various proposed means and methods to capture, recycle, and store more water. This report acknowledges climate change and its effects on the people of Orange County. It examines whether the current proposed means and methods for securing more water are sufficient to sustain the projected growth in the county and support the green and vibrant lifestyle to which its inhabitants have become accustomed. As evidenced over the past five decades, the durations and resulting expectations from the seasons in this geographic region of the U.S. (Western) have dramatically changed. Winters have seen declining periods of sustained precipitation, and summers are hotter, longer, and drier. This has directly affected the rivers, lakes, streams, dammed reservoirs above ground and aquifers below ground that rely on melted snow and rain for continued and reliable replenishment. Paleo-climatologists have validated the past 483 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 8 of 57 climate drought trends, and today’s climatologists are predicting the same, punctuated by infrequent periods of precipitation, like the precipitation events of this past winter (2022-23). This all points to the current supplies of water not being dependable. Key facts and predictions identified during interviews and the numerous climate articles reviewed are: • The current Western United States drought is the longest in 1,200 years • The drought is likely to continue for the next 100 years. • The current Southern California climate is characterized as “drought” but this is likely to be interrupted by infrequent wet years. • Human activities have affected the climate. The Southern California climate is expected to enter a cooler phase based upon long-term historic trends, rather than the current warming. • Even if carbon emissions are suddenly decreased, the climate could take up to 100 years to adjust. The following graph illustrates the current tendency of the climate. It shows five categories: Abnormally Dry (D0), showing areas that may be going into or are coming out of drought, and four levels of drought (D1–D4). The darker the color, the deeper the drought. It clearly shows increased and more frequent levels of drought for California. Drought as the norm has reduced precipitation as a source of water and Orange County needs to respond to it by providing a more drought resilient supply of water. Water Demands • In the past fifty years, California’s population has nearly doubled. Water is needed, and expected, to sustain the current population in all aspects: quality of life, commerce, industry, agriculture, etc., and promote growth and development. However, current, and foreseeable circumstances regarding water availability 484 100% 90% 80% 70% 60% 50% 40% 30% 20% 11 J 0%-+--~ ... ~~##~~~#~~~~~~~~~~ U.S. D roug ht 1'.fonit or Cali fornia HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 9 of 57 have severely impacted modern Californians’ expected way of life. To preserve the status quo, water reduction mandates are used to facilitate further development. • Some water agencies are paying farmers to not grow crops. They are transferring the farmer’s water rights to the water agency to feed the thirst of metropolitan areas. Many projects to capture, transport, and store water have been proposed but not yet constructed due to various political and environmental obstructions. The projects that have been approved to capture, store, recycle, and transport more water will only succeed if there is enough water to do so. Precipitation is a declining source of water. Interviews with water experts, e.g., wholesalers, retailers, and suppliers have said that “we cannot conserve our way out of the drought” but they have yet to make Orange County self-sufficient. Overview of Water Suppliers and Agencies The water supply for Orange County is primarily managed by three entities – Orange County Water District (OCWD), Municipal Water District of Orange County (MWDOC), and Metropolitan Water District (MET). Consumers receive their water from 29 independent water districts and cities. The suppliers primarily receive water from either the groundwater basin managed by OCWD, directly from MET, or through MWDOC. The water agencies also have additional minor supplies of water, including treated surface waters and supplies obtained from agreements with other entities. Some of the water agencies provide treated wastewater for landscaping and industrial uses (recycling). Metropolitan Water District (MET) – (Water Wholesaler) The Metropolitan Water District (MET) serves the water needs of Southern California by securing and transporting water. This includes overseeing the importation of water from the Colorado River Basin since 1941 and the State Water Project since 1971. MET is a wholesaler which sells and allocates this water to other water agencies, municipalities,3 and counties from Ventura to San Diego. Orange County receives its purchased allocation through the Municipal Water District of Orange County. Recognizing the long- term effects of drought and reduced flows from the Colorado river and California Aqueduct, the MET has initiated major water conservation and recycling programs to make water management a priority. They have attempted to create storage capability and negotiate contracts with the agricultural entities within the Colorado basin to limit their water usage and acquire their allocations. The long-term threat of climate change and historic droughts have challenged MET and they have failed to identify new supplies of water beyond their historic charter. The State Water Project is delivering only 10% of the historical allocation and the Colorado River supply allocation was reduced 25% in 2022. 485 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 10 of 57 Metropolitan Water District is in the water movement business and is not historically tasked with securing new sources of water. As the leading water agency in Southern California, MET has not taken on this responsibility. Their supply of water is dependent on precipitation. When the water allocation was reduced from the State Water Project, MET had to switch many of its customers to the Colorado River. However, numerous articles have documented that the lakes on the Colorado River (Mead and Powell) are at the lowest levels since they were built, and their future viability is at question due to a decade’s long drought in the west. The State Water Project 4 includes 700 miles of delivery canals (California Aqueduct) that serves 27 million people and irrigates 750,000 acres of farmland, which supplies fifty percent of the United States’ produce. The project originated in 1960 and although it is well maintained, it has not been upgraded in years. The water for the State Water Project comes primarily from the Sacramento-San Joaquin Delta. When forming its water strategies, Orange County needs to recognize that the State Water Project’s reliability is in doubt due to its 53-year history of not being adequately maintained. The Colorado River has been in the news due to the drought reducing its flow over the past twenty years. The agreements regarding the allocation of Colorado River water are set to expire in 2026 and are currently being renegotiated. Water levels at Lake Mead and Lake Powell have dropped significantly, and experts say it would take at least 10 years of above average precipitation to restore them. Orange County should simply not rely upon the Colorado River as a dependable supply, now or in the future. Following numerous interviews and a thorough review of project documentation, the Grand Jury reached several conclusions regarding MET programs to replace dwindling 486 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 11 of 57 “MET water will not be reliable for at least a decade and Orange County needs to consider developing other resources to make up for this lack of reliability.” water supplies. Most notable is that the Carson wastewater reclamation project is years away from being completed and 20 years behind similar projects in Orange County. Overall, MET cannot be expected to significantly replace the reductions in water allocations from the Colorado River and the State Water Project within the next decade. Municipal Water District of Orange County (Water Wholesaler) The Municipal Water District of Orange County (MWDOC) is primarily a wholesale water provider and, to a lesser extent, a water resource development and planning agency for nearly 3.2 million Orange County residents, and businesses. MWDOC buys imported water from the California State Water Project in Northern California and the Colorado River through the Metropolitan Water District of Southern California. MWDOC has four representative seats on the Metropolitan Water District (MET) Board. Through its member agencies, MWDOC covers all of Orange County except the Cities of Anaheim, Fullerton, and Santa Ana. Orange County must import water due to limited local water supplies. Central and North County import approximately 30% of their water to supplement its existing supply. However, South County is highly reliant on the Municipal Water District, as South County water districts must import 90% of their water supply from outside of Orange County. The Municipal Water District of Orange County is extremely important as a wholesaler or broker to the retail water districts in Orange County and as a representative of Orange County’s interest on the Metropolitan Water District Board. MWDOC has completed a comprehensive study of Orange County’s water reliability needs that could serve to achieve a climate resilient water supply. The study covers MET system reliability and Orange County projects including desalination projects, water shed projects, and water banking projects. The study also identifies the crisis Orange County is facing – by 2030, eight out of every ten years can be expected to be in drought. However, the study is devoid of information about financing and implementation, and its conclusions rely too much on MET efforts that are decades behind where they should be. Based upon this study and MWDOC’s countywide area of responsibility, MWDOC could conceivably lead Orange County’s efforts to plan, finance, and implement water source and supply projects. MWDOC serves no other purpose than to distribute water and has not attempted to expand its supply of water beyond its engagement with the MET. Previous Orange 487 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 12 of 57 County Grand Juries have recommended that the MWOC and OCWD merge for a more efficient and streamlined approach towards water management. Orange County Water District (Water Wholesaler) The Orange County Water District (OCWD) provides water to 2.5 million residents in North and Central Orange County. The District effectively manages the Orange County groundwater basin that provides approximately 77% of water used in the region. It supplies the 19 cities and retail water agencies in Central and North Orange County with potable water. As the sole adjudicator of Orange County’s ground water basin, the agency plays a vital role in assuring the aquifer is effectively managed. The Orange County Water District has been a true innovator in water management and operates the world’s largest water purification replenishment system for indirect potable water use. Over 130 million gallons per day are recycled into the Orange County aquifer, thus replenishing this vital resource. It has exhausted the wastewater supply available for recycling through its comprehensive efforts. The management of Orange County’s underground reservoir has been exceptional. OCWD has also implemented a regional groundwater banking program to assure long- term reliability and increasing stormwater capture behind Prado Dam where water eventually gets released and recharged into the Orange County aquifer, thus becoming part of the local water supply. Despite its absolute success at recycling, the Orange County Water District must still import 23% of its water brokered by the Municipal Water District of Orange County through the Metropolitan Water District. The local Orange County ground water basin is simply not large enough to meet demand. Water Retailers The Irvine Ranch Water District serves a large Orange County populace of 600,000, primarily in the Cities of Irvine, Lake Forest, parts of the Cities of Orange, Costa Mesa, Tustin, and Newport Beach. IRWD provides water as well as reliable sewage collection and treatment. The combination of being a water retailer combined with managing sewage treatment has allowed IRWD to implement groundbreaking recycling water programs for non-potable use and innovative urban runoff programs. The district relies partially on the Orange County basin for its water supply, but also is dependent on 20% of imported water from the Municipal Water District of Orange County. As an innovator, the IRWD secured rights to the Kern water basin for water storage. This storage reduces its reliance on Metropolitan Water District and provides access to a potential supply of water in an emergency. Through conservation and water efficiency programs, IRWD has reduced overall water consumption year over year allowing development to continue to move forward unabated within the jurisdiction it serves. However, growth in community development exposes IRWD to shortages as its allocation of imported water is determined by Municipal Water District of Orange County. 488 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 13 of 57 Until the desalination plant comes online, and should MWDOC fail to deliver required water, SCWD is highly vulnerable to supply disruption. The Moulton Niguel Water District serves 170,000 residents in South Orange County, and is highly dependent on imported water from the Municipal Water District of Orange County (in excess of 90% of its potable water). Therefore, the District has made a major effort to drive efficiency and conservation efforts, which have been successful in reducing water utilization and continue to allow local development. Negotiations are underway with local sanitation districts to attempt to initiate recycling programs for the betterment of the community. The collaboration with South Orange County Wastewater Authority (SOCWA) has been less than cooperative thereby impeding recycling efforts. Should the Municipal Water District of Orange County fail to deliver the required water, Moulton Niguel Water District is highly vulnerable to supply disruption. The Rancho Santa Margarita Water District (RSMWD) imports 100% of its potable water from the Municipal Water District of Orange County and services over 200,000 residents in south Orange County, primarily the eastern portion of Orange County from Mission Viejo to San Clemente. As a result, the District has committed to developing local reliable drinking water supplies. RSMWD constantly monitors opportunities to enhance its water portfolio. The current major effort is the San Juan Watershed project that will capture local stormwater runoff as well as directing recycled water to recharge the local underground aquifer. Conservation water efficiency efforts have also played a major role to minimize water usage. Within RSMWD’s service area, there are major communities being planned. The planned communities under development, Los Flores and the Ranch, will add 15,000 homes or approximately 60,000 additional residents to the District’s customer base. With this development the water demand will increase and therefore will increase the need to import water. Should Municipal Water District of Orange County fail to deliver required water, RSMWD is highly vulnerable to supply disruption. The South Coast Water District (SCWD), like other south Orange County water districts, is highly dependent on imported water from the MWDOC. SCWD serves 35,000 residents and 2 million visitors a year. SCWD relies on 90% of its potable water being supplied by the MWDOC. SCWD is to be applauded in its attempt to expand its efforts to decrease its dependence on imported water. Recently, SCWD was granted approval to proceed with an ocean desalination plant of 5 million gallons of water a day. The plant is to be built within the next five years. SCWD is working to maximize recycling efforts to minimize reliance on imported water. Major conservation and water efficiency programs have been implemented locally. Until the desalination plant comes online, and should MWDOC fail to deliver required water, SCWD is highly vulnerable to supply disruption. 489 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 14 of 57 Other Orange County Water Suppliers. Water wholesalers in Orange County work with local water retailers to provide water to their residents. The Orange County local retailers include 29 cities and local water districts. Most of the cities and water agencies have implemented programs to minimize water utilization to become more efficient. They are to be applauded for their efforts. South Orange County retailers Moulton Niguel Water District, Rancho Santa Margarita Water District, and South Coast Water District are highly dependent on the importation of water, in excess of 90% of total local demand. Irvine Ranch Water District is included because of the unique characteristics that were identified during the course of this investigation. Specifically, the Grand Jury noted its creativity in securing potential sources of water coupled with the continued development of the Irvine Ranch and water required to serve new residents. South Orange County retailers are highly dependent on the importation of water for more than 90% of local demand. The Grand Jury’s investigatory efforts have included a focus on this dependency. State of California Managed Supplies The State of California is responsible for operating the State Water Project, planning and implementation of statewide projects for water supply, State bond financing for projects, and management of federal and State funding programs. These have been insufficient to address the threats to Orange County water supply. Water management in California is very complex. There are numerous constituents placing a huge demand on water resources: agriculture, urban centers, industry, business, developers, tourism, and residents. This pressure coupled with an antiquated water structure with hundreds of water wholesalers and retailers makes a challenging dynamic. Environmental pressure exacerbates the challenge. The State’s lack of long-term solutions to California’s water needs is not new. No new reservoirs have been built since the 1970’s when the population was 20 million people. 50 years later, California’s population has almost doubled to 39 million. For years, the State has studied proposals to secure additional supplies of water by moving water from the Sacramento delta to Southern California through the California Water Project, with no discernable results. The project is needed to protect the existing water supply and secure additional water but has been bogged down by debate about approach and environmental review. 490 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 15 of 57 No new reservoirs have been built since 1970 when the population was approximately 20 million, yet California’s population has almost doubled to 39 million. In 2014, a bond initiative was passed to provide $7.3 billion in funding for 10 new reservoirs and other water related projects, yet the reservoirs have not been completed. The recent rains that swept California this winter resulted in billions of gallons of water flowing out to sea.5 The California Natural Resources Agency maintains a web page that shows the progress of the bond issue.6 The web page shows most of the funds have been committed but lacks information regarding what has been accomplished. In terms of planning, in August 2022, the California Environmental Protection Agency issued a major report entitled “California Water Supply Strategy – Adapting to a Hotter, Drier Future, California Agencies.”7 But the strategy does not detail schedules or actions or assign resources or funding. In the report, the Newsom administration points out that in order to deliver the pace and scale of projects necessary to meet California’s water crisis, the State’s regulatory structures must be modernized so that “State agencies can assess, permit, fund and implement projects at the pace this climate emergency warrants.” The report does not describe how Newsom’s directive is to be understood or executed. Other relevant State reports touching upon State water resources include those on climate change, water supply assessment, and an analysis of recent droughts. While all these reports help identify problems, they provide few and limited actionable recommendations. The California State Water Control Board is the State’s key water agency, yet its focus on water supply is not clear. Other State agencies that have water oversight include: the Department of California Water Resources, the California Water Commission, and the National Resources Agency, and State Conservancies, such as the Sacramento-San Joaquin Delta Conservancy that are involved in water grants and planning. The State environmental and river basin authorities also complicate planning and actions. There seems to be no coordinated focus on water supply. The Sacramento-San Joaquin levees are very important to the State Water Project. They protect the integrity of the system. For decades, the levees have been identified as needing bolstering, yet this has not been done. If the levees fail or are breached there will be an influx of brackish water from the San Joaquin Delta that will contaminate the fresh water in the Project, making it unusable. The recent rains have focused the need for action, yet nothing is likely to be done anytime soon. As an example, the need to capture and store rainwater in aquifers has been recognized for decades, yet the recent rainfalls show little has been done. Recently, the State initiated the Delta Conveyance Project (DCP). This is a joint powers authority formed to help ensure water supply reliability for the State Water Project and to adapt to forecasts of future changes in precipitation and seasonal flow patterns due 491 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 16 of 57 to climate change. An important part of the DCP is a proposed tunnel under the Delta. The concept for the project originated in the 1970s and subsequent versions included the Trans-Delta System, Peripheral Canal, Bay Delta Conservation Plan, and the California Water Fix (a dual tunnel). The Delta Conveyance Project faces strong opposition from environmentalists. The prospect of the project being completed in a timely manner, if at all, is doubtful. Governor Newsom himself noted the difficulty of getting water projects going in his statement at an August 2022 news conference: “The time to get these damn projects is ridiculous,” Newsom said. “It’s absurd. It’s reasonably comedic. In so many ways, the world we invented from an environmental perspective is now getting in the way of moving these projects forward.”8 Projects take decades to accomplish, if they are completed at all. The State cannot be relied upon for consistent water delivery in wet or dry years. Water management in California can best be summed up as always studied but never resolved. The impacts of this paralysis mean that Orange County cannot currently rely on the State to identify or secure a new source or supplies of water. Federal Intervention California may have to reduce its reliance on Colorado river water under a proposal by the U.S. Department of the Interior, unveiled on April 11, 2023, that upends the longstanding system of water rights. The Department proposed two methods for reducing water usage by as much as 25% in 2024. The seven states utilizing the Colorado river have been negotiating with each other since August 2022 to make voluntary cuts. To date no agreement has been reached. The U.S. Bureau of Reclamation, part of the U.S. Department of the Interior, warned that it would impose large cuts if the states relying on the river did not come up with a plan by January 31, 2023. The states failed to do so. Although California has experienced an unusually wet winter, this has not changed the Colorado River’s longstanding challenges amid a much drier climate. The rationing of water from the Colorado River basin appears inevitable at the time of this report, disrupting the long-tenured stability of Southern California’s imported water supply. It reinforces the idea that the time to act for securing a new source of water for Orange County is now. Water Justice As the demand for water increases, not only to sustain the status quo but also for development, equal access to water must also be addressed. What regions will be entitled to preserve their way of life and what regions will have to compromise? The cost of obtaining and distributing water is equally important to water justice. The projects required to ensure a reliable water supply are costly and, if delegated to the ratepayers, may have a significant impact on lower income households. Traditionally, 492 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 17 of 57 Orange County should develop a funding strategy for water projects that is acceptable to rate-payers and does not overly burden lower income groups. major water projects have been financed through state and federal governments or through special tax assessments. This is an easier burden on lower income groups than strictly through rate structures. Orange County should develop a funding strategy for water projects that is acceptable to rate-payers and does not overly burden lower income groups. Actions to Secure and Strengthen Supply Numerous initiatives and projects have been planned to improve and strengthen the existing supply systems: 1) water banking, 2) purchasing water rights, 3) recycling water, 4) reuse of water for potable purposes, 5) aquifer management, 6) utilization of other supplies, and 7) water efficiency. However, these projects are years behind schedule and taking an extraordinarily long time to complete. These initiatives are important to point out as efforts, but it must be noted that by themselves, they are not solutions to Orange County’s water reliability. The Grand Jury’s evaluation of these efforts is included in Appendix A “Local Agency Action to Secure Water Supply.” The efforts to diversify the water portfolio and make the existing supply more resilient are commendable, but a new source is also needed. Effective Management of Initiatives Orange County needs an entity to champion and lead the efforts to develop a water source that will enhance the reliability of existing water supplies. Orange County water suppliers have completed and are engaged in several projects to improve the resilience of our water supply, but efforts for the whole County have been limited. A countywide effort to develop a drought-resistant source of water is necessary due to climate change. Effective countywide management of water resources would alleviate the jurisdictional issues that have hampered the development of recycled water in South County including shared use of the aquifer for all of Orange County. A Climate Resiliency District could serve this purpose. 493 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 18 of 57 A Climate Resiliency District is authorized by the Climate Resilience District Act, codified in California Government Code Sections 62300-62312. Section 62301 describes the legislative intent of the Act: It is the intent of the Legislature in enacting this division to provide the ability for local governments to create districts for the purpose of addressing climate change effects and impacts through activities and actions that include mitigation and adaptation, as necessary and appropriate, to achieve all of the following: (a) Providing a sustained and certain level and source of funding at the local level. (b) Allowing activities and actions on an appropriate geographic basis. (c) Facilitating the receipt and use of federal, state, local, and private funds. The purpose of the Climate Resiliency District would be to promote a project that addresses drought, including multiuse land repurposing, groundwater replenishment, groundwater storage, or conjunctive use.9 It is envisioned that a Climate Resiliency District would be capable of planning and financing water source projects such as desalination that are beyond the means of existing Orange County water agencies. There were concerns about a Climate Resiliency District expressed by some water district leaders interviewed by the Grand Jury. They stated that a Climate Resiliency District might be another level of bureaucracy that could impede the pursuit and development of their own projects. However, these concerns would carry more weight if planned projects were actually being implemented. Alternative structural entities could be a joint powers authority (JPA) created for this purpose, either spearheaded by Orange County Water District (OCWD) or Municipal Water District of Orange County (MWDOC), or a collaborative effort between both. The Joint Exercise of Powers Act, codified in California Government Code Section 6500 et seq., authorizes two or more public agencies, by agreement, to exercise any power common to the agencies to provide more effective or efficient government services or to solve a service delivery problem. A JPA could plan, finance, and implement water source and water supply projects. Similarly, Orange County Transportation Authority (OCTA) was created in 1991 to fund, plan, and implement transit and capital projects. OCTA has been successful in solving some of Orange County’s transportation needs. A JPA focused on Orange County’s water needs could similarly succeed. Forming a JPA to comprehensively address all of Orange County’s water needs would ultimately require the cooperation of 29 entities including special water districts and cities that supply water. The political effort required for this cooperation would be significant and would require a new approach towards such collaboration. Either separately or cooperatively, OCWD or MWDOC could take the lead for the planning, financing, and implementing of water source and supply projects to the benefit 494 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 19 of 57 for all of Orange County. Unifying the water districts is also a possibility, as previously reported by the 2021-2022 Grand Jury.10 Through its member agencies, MWDOC covers all of Orange County except the Cities of Anaheim, Fullerton, and Santa Ana. MWDOC has completed a comprehensive study of Orange County’s water reliability needs that could serve as means to achieve a climate resilient water supply.11 The study covers MET system reliability and Orange County projects including desalination projects, watershed projects, and water banking projects. The study clearly identifies that Orange County is facing a water crisis, and forewarns that by the year 2030, eight out of every ten years can be expected to be dry. Based upon this study and MWDOC’s countywide charter, MWDOC could accept responsibility to lead Orange County’s efforts to plan, finance, and implement water source and supply projects. However, the study would need to be updated, as it is totally devoid of financing and implementation data, and it relies too much on MET efforts that are decades behind where they should be. Orange County needs a champion to lead the efforts to develop a water source and to enhance the reliability of existing water supplies. OCWD and MWDOC have planned but failed to implement a solution, and a joint powers authority requires a level of political cooperation that may not be possible with 29 separate water agencies. Therefore, the County of Orange should initiate the Climate Resiliency District to plan, finance, and implement water supply projects to meet future conditions and needs. Orange County needs a champion to lead the efforts to develop a water source and to enhance the reliability of existing water supplies 495 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 20 of 57 Public Awareness of the Need for Action Public awareness of the consequences of current and future climate change is important as a catalyst for adapting to the change. In the past several months, there have been numerous newspaper and magazine articles on water concerns in California and the Western United States. There have also been at least two television documentaries. Many local water agencies have included fact sheets and other information on their web pages and in monthly statements warning of the water “crisis”. These messages have resulted in increased public awareness but more needs to be done. Public education to promote projects to address the crisis is a must. As a result of increased public awareness, water agencies have noticed a decrease in per-capita water usage. The public is using water more efficiently. However, several Grand Jury interviewees noted that we cannot conserve our way out of the drought. Solving Orange County’s future water shortfall through conservation alone would require drastic changes in water usage and would likely meet strong public resistance. Additional efforts are needed to inform the public of potential lifestyle changes if additional water sources and supplies are not developed. 496 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 21 of 57 Some water agencies in Orange County have conducted public campaigns to make the public aware of the need to increase rates. The rate increases are for projects to increase the water supply and source resiliency of the agency. South Coast Water District’s outreach to its customers has been most notable and enabled the District to proceed with community support for the Doheny Desalination Project. The public needs to be galvanized to move forward. The Grand Jury recommends that the County Board of Supervisors lead a countywide campaign to mobilize the public in support of new water sources that will make the supply systems more efficient and resilient. Effect on Local Economy If no new sustainable source of potable water is developed there will be an adverse impact on Orange County. While North Orange County has an underground aquifer with a substantial amount of water, South County is almost entirely dependent upon external supplies. Major strides have been made in recycling water for industrial and landscaping purposes, but there is still a shortage of potable water with the only current source of “new” water being the Doheny Desalination plant, which will take years to complete and probably not begin operations until 2028. Capital costs of building a desalination plant are generally beyond the capability of a single water district. 497 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 22 of 57 … experts predict an eventual shortage of water would result in a moratorium on development. Water supplies collected through precipitation are the most economical but the most unreliable. There are insufficient storage facilities in Orange County for capturing precipitation and there are no aquifers in South County. The State of California has mandated that municipalities create new housing opportunities, particularly low-income housing. Developers are required to install water saving features such as low-flow toilets and showers, water-saving washing machines and drought-resistant landscaping, all of which increase the cost of building. These features do not offset the effects of the drought, and experts predict an eventual shortage of water would result in a moratorium on development. Businesses and industries such as retailers, manufacturers, and theme parks rely on clean and dependable water. If they cannot depend on the local suppliers their enterprises are at risk. Homeowners, as ratepayers, are likely to see increases in their water bills due to increased costs of purchased water by the wholesalers and retailers. Severe drought, causing major reductions in river flow, has an adverse effect on hydroelectric plants resulting in shortages of power to the grid. Developing an alternative source of water (desalination) reduces the reliance on this supply for consumption, thus making more available for power generation. Drinking Water Obtained from the Sea South Orange County imports 90% of its drinking water, with most of it currently coming from the Colorado River. The allotment of water from the river is at serious risk and will likely be significantly reduced. In recent years, not enough precipitation has fallen to meet Orange County’s drinkable water needs, and there is no way to make it rain or snow. Seawater can be made into fresh potable water in a process called desalination, one of the solutions being considered to resolve this looming crisis. However, the Grand Jury determined that desalination is not being implemented fast enough. Although ocean desalination currently requires an initial capital investment and high operating costs and raises environmental challenges, critics acknowledge it would make a significant contribution to Orange County’s water portfolio.12 Desalination is being used increasingly around the world to provide people with needed freshwater.13 According to the International Desalination Association, more than 300 million people around the globe receive their water from desalination plants.14 Multiple desalination plants are under consideration in California, with only a few in operation. The Carlsbad Desalination Plant, near San Diego, provides approximately ten percent of the freshwater used in the region, and Santa Barbara is currently 498 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 23 of 57 upgrading an older plant. Recently, two new seawater plants have received approval to begin construction: one on the Monterey Peninsula, and the Doheny Plant in Dana Point. Orange County must consider the benefits of a high-capacity facility as a means towards self-sufficiency. Current challenges to desalination include planning, construction costs, impact on marine life from saltwater intake, high energy demands, operating complexities, difficulty of cycling plants on and off, and disposal of concentrated salt brine. Desalination challenges are mitigated by creating economies of scale with high volume production and careful planning, selecting suitable locations, and technological improvements. For example, the Carlsbad plant produces 50 million gallons per day or more than 56,000 acre feet (AF) per year. The plant started operation in 2015 and reports that it produces water for ½ cent per gallon, or $1600 per AF, in large part due to its high volume.15 For comparison, the MWDOC published rate as of January 1, 2023, is $1,209 per acre foot.16 If Orange County were to establish a similar facility, it would offset the need for imported water and allow imported water to be redirected to other Southern California communities relying on importation, such as Inland Empire. The length of time to plan, obtain permits, and construct a desalination plant can take decades. A proposed plant at Huntington Beach was in planning and permitting for over twenty years and ultimately was not approved. South Coast Water District began the initial steps for the Doheny Plant at Dana Point in 2016 and it is expected to be in operation by 2028. Unless the State of California initiates methods for expediting the planning and approval processes, it can take at least as long as these two projects for any new ocean desalination plants. The State has shown it can accelerate the approval process as evidenced by the approval of SoFi Stadium 17 in record time by enacting legislation that expedited the permit and environmental requirements without compromise. It is well known that desalination has an impact on the environment, and we are fortunate to live in a state where protecting the environment is important. Engineers and water experts are researching how to integrate more renewable energy into the next generation of plants. The environmental impacts and costs of desalination should be compared against the full environmental impacts and costs of importing water from 700 miles away, not just wholesale rate costs as is usually done. Orange County cannot continue to rely on imported water, nor can it ignore the fact that there is an immediate need to take advantage of the ocean as a drought-resistant source of water. According to the Grand Jury’s research and interviews, the environmental concerns, surrounding intake and outflow of saltwater, and high electricity demand are being met as evidenced by the Doheny approval, therefore allowing desalination plants to operate. Orange County should embrace desalination as a major part of an overall local plan, not just a last resort. 499 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 24 of 57 COMMENDATIONS South Coast Water District is to be commended for its strategic foresight. The District has recently gained approval for the Doheny Ocean Desalination Project for which they initiated feasibility studies in 2008. The plant is now anticipated to be operational in 2028. The Doheny Ocean Desalination Project is a new, reliable, local, and drought- proof water supply. The Doheny Ocean Desalination Project is the first desalination project in the State of California to be fully compliant with the California Ocean Plan.18 Orange County Water District successfully manages the aquifer under Central and North Orange County for the benefit of multiple water suppliers. It has also built the Groundwater Recovery System (GWRS) to treat wastewater to potable levels for supplementing the aquifer. Recently, it expanded and commissioned the GWRS. The Orange County Grand Jury commends OCWD for its work. The water suppliers for Orange County have undertaking numerous initiatives to increase the resiliency of their water supplies. The Orange County Grand Jury commends these suppliers for their efforts and encourages them to continue pursuing expanded opportunities. The Orange County public has significantly reduced the per-capita water usage through conservation efforts. This is important to maximizing the water supply. The Orange County Grand Jury commends the public for these efforts. The Orange County Grand Jury commends the leadership of MWDOC and OCWD for their continued negotiations regarding merger. The Orange County Grand Jury commends the Southern California news media for their continued efforts in reporting on the critical nature of our water supply. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Historic Rain, Yet Drought Remains,” the 2022-2023 Orange County Grand Jury has arrived at the 12 principal findings, as follows: F1 Future water supplies are impacted by climate change and current supplies will not meet future demands. F2 Climatologists predict future extended periods of low moisture with occasional wet years. F3 Climate change is inevitable and is exacerbated by human behavior. 500 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 25 of 57 F4 South Orange County relies primarily on the importation of water. F5 Local water suppliers recognize that enhanced stormwater capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. F6 There is significant water infrastructure planning, but inadequate implementation. F7 The review and approval process for major water capital projects is cumbersome and overly restrictive. F8 Failing to find solutions to water shortages will have a significant impact on the Orange County economy. F9 Continued development in Orange County creates additional water supply needs. F10 Conservation and efficient use of water is essential. F11 Increased outreach and public education are necessary. F12 Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought-resistant source of water. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or as noted, requests) responses from each agency affected by recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Historic Rain, Yet Drought Remains,” makes the following four recommendations: R1 The County of Orange Board of Supervisors should take a leadership role by the end of calendar year 2023 to explore the establishment of a “Climate Resiliency District” or Joint Powers Authority to fund and expedite implementation of a drought-resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F12 R2 Orange County water agencies should expedite the planning, development, and construction of desalination plants over the next five years to insure a sustainable and reliable drought-resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12 R3 The County of Orange and all Orange County cities should formulate an emergency development moratorium plan in anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of calendar year 2023. F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 501 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 26 of 57 R4 Orange County water agencies should update their public communication strategies, by calendar year end 2023, to inform the public of lifestyle changes if additional water sources are not developed. F10, F11, F12 REQUIRED RESPONSES Findings – 90 Day Response Required County of Orange Board of Supervisors F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Municipal Water District of Orange County F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Orange County Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Irvine Ranch Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Moulton Niguel Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Margarita Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 South Coast Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Recommendations – 90 Day Response Required County of Orange Board of Supervisors R1, R3 Municipal Water District of Orange County R2, R4 Orange County Water District R2, R4 Irvine Ranch Water District R2, R4 Moulton Niguel Water District R2, R4 Santa Margarita Water District R2, R4 502 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 27 of 57 Recommendations – 90 Day Response Required South Coast Water District R2, R4 REQUESTED RESPONSES Findings – 90 Day Response Requested East Orange County Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 El Toro Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Santa Ana F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Emerald Bay Service District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Golden State Water Company F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Laguna Beach County Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Mesa Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Serrano Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Trabuco Canyon Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Yorba Linda Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 503 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 28 of 57 Findings – 90 Day Response Requested City of Westminster F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of La Habra F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of La Palma F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Seal Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Huntington Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Garden Grove F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Newport Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Ana Water Shed Project Authority F1, F2, F3, F5, F6, F7, F8, F9, F10, F11, F12 Metropolitan Water District of Southern California F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Recommendations – 90 Day Response Requested East Orange County Water District R2, R3, R4 El Toro Water District R2, R3, R4 City of Anaheim R2, R3, R4 City of Santa Ana R2, R3, R4 City of Fullerton R2, R3, R4 504 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 29 of 57 Recommendations – 90 Day Response Requested Emerald Bay Service District R2, R3, R4 Golden State Water Company R2, R4 Laguna Beach County Water District R2, R3, R4 Mesa Water District R2, R3, R4 Serrano Water District R2, R3, R4 Trabuco Canyon Water District R2, R3, R4 Yorba Linda Water District R2, R3, R4 City of San Juan Capistrano R2, R3, R4 City of San Clemente R2, R3, R4 City of Tustin R2, R3, R4 City of Fountain Valley R2, R3, R4 City of Westminster R2, R3, R4 City of La Habra R2, R3, R4 City of Brea R2, R3, R4 City of Buena Park R2, R3, R4 City of La Palma R2, R3, R4 City of Seal Beach R2, R3, R4 City of Huntington Beach R2, R3, R4 City of Garden Grove R2, R3, R4 City of Newport Beach R2, R3, R4 Santa Ana Water Shed Project Authority R2, R3 505 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 30 of 57 Recommendations – 90 Day Response Requested Metropolitan Water District of Southern California R2, R3, R4 506 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 31 of 57 GLOSSARY Acre-feet The unit of volume typically used to describe the quantity of water stored in large reservoirs and aquifers and delivered through large conveyance systems for irrigation use and for treating for public use. An acre-foot is one surface acre that is one foot deep and is equal to 325,851 gallons. Aquifer An underground layer or body of permeable rock, sediment, or soil that can store and yields water. Orange County has a large aquifer underlying North and Central County. California State Water Project (CSWP) A multi-purpose water storage and delivery system that extends more than 705 miles and includes a collection of canals, pipelines, and reservoirs to deliver water to 27 million Californians, 750,000 acres of farmland, and businesses throughout the state. Conjunctive Use Using surface water in wet years and storing as groundwater for use in dry years. Surface water is injected directly into aquifers and wells to be used as needed as part of groundwater banking or is stocked in ponds or basins and then allowed to percolate naturally into aquifers. Desalination The process of removing salt from brackish water or seawater. For the purposes of this report, desalination is used primarily in terms of sea or ocean water. Direct Potable Water Reuse The process by which recycled wastewater is treated to a high degree suitable for potable use and placed directly into potable distribution systems. California has recently created regulations for direct potable water reuse. Drought A prolonged period of low or no rainfall that causes water scarcity and affects ecosystems, agriculture, and human health. 507 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 32 of 57 Gray Water Wastewater from bathtubs, shower drains, sinks, washing machines and dishwashers; however, some plumbing codes exclude water from sink and dishwasher as being classified as gray water. Ground Water Recovery System (GWRS) Operated by Orange County Water District, the system takes highly treated wastewater that would have previously been discharged into the Pacific Ocean and purifies it to potable standards. Potable Water Reuse Indirect Treatment of water such as recycled wastewater, to a high degree suitable for potable purposes and uses an environmental buffer, such as a lake, river, or a groundwater aquifer, before the water is treated again and utilized as potable water. This process is used by Orange County Water District at GWRS to treat water and replenish the aquifer under North and Central Orange County. Recycled Water Water reuse (also commonly known as water recycling or water reclamation) reclaims water from a variety of sources then treats and reuses it for beneficial purposes such as agriculture and irrigation, potable water supplies, groundwater replenishment, industrial processes, and environmental restoration. For the purposes of this report, recycled water comes primarily from highly treated wastewater. Reverse Osmosis A process of producing pure water by forcing it through a semipermeable membrane that only allows water to pass. It is the primary method for large scale desalination and is also used as one of the final treatment steps for producing potable water from wastewater. Sustainability The long-term viability of a community or practice. Urban Runoff As commonly referred to in Orange County, surface runoff during dry weather of landscape irrigation, and car washing created by urbanization. It can also refer to the stormwater runoff over impervious surfaces (roads, parking lots and sidewalks). The concern with urban runoff is possible contamination of surface and groundwater. 508 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 33 of 57 Water Banking The practice of forgoing water deliveries during certain periods, and “banking” either the right to use the water in the future or saving it for someone else to use in exchange for a fee or delivery in kind. Typically, in Southern California, it is stored in aquifers. Water Source As used in this report, a water source is defined as the ocean or precipitation. Water Suppliers As used in this report, water suppliers include water districts and cities that provide water to the public. Water Supply As used in this report, water supply includes water derived from a water source and that is stored, conveyed, and utilized by the public. 509 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 34 of 57 REFERENCES • 10 You Tube Videos posted by Orange County Water District, posted between 2015 and recent • 14 YouTube Videos Posted by Municipal Water District of Orange County over last 5 years • 2 YouTube Videos posted by Santa Margarita Water District 2020 • 3 YouTube Videos regarding OC’s Largest Recycled Water Reservoir posted by Santa Margarita Water District 2020 • 5 YouTube videos posted by ABC regarding OC Water issues, between 2018 and recent • A Review of Water Demands for the Orange County Water District by James Fryer, Environmental Scientist July 2016 • A Study of Deep Aquifers Underlying Orange County, United State Geological Survey 1969 • ACWA Communications Committee Water Reuse Terminology 2016 • Assessing Risk to the National Critical Functions as a Result of Climate Change, Homeland Security, 2022 o California Department of Conservation o California Department of Fish and Wildlife o California Department of Water Resources • California Department of Water Resources | Natural Resources Agency Drought In California Report 2021 • California Department of Water Resources 2022 Annual Water Supply And Demand Assessment Summary Report • California National Resources Agency Report to the Legislature on the 2012– 2016 Drought • California Natural Resources Agency Department of Water Resources 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package • California Natural Resources Agency Department of Water Resources 2022 Integrated Regional Water Management Grant Program Guidelines • California Senate Bill No. 852 Climate Resilience District 2021 510 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 35 of 57 • California State Water Boards – Water Rights Frequently Asked Questions Web Page o California State Water Resources Control Board • California Water Boards - Ocean Plan Requirements for Seawater Desalination Facilities o California Water Commission • California’ Water Supply Strategy – Adapting to a Hotter, Drier Future, 4 California Agencies, August 2022 • Clean Water Act Section 3 l 2(f) Application by the California State Water Resources Control Board • Climate Change 2022 Mitigation of Climate Change Intergovernmental Panel On Climate Change o Colorado River Board of California o County of Orange • Delta Flood Risk Management Delta Protection Commission State of California Assessment District Feasibility Study And Delta Levee Financing Option 2018 • EPA The Water Infrastructure Finance and Innovation Act (WIFIA) Doheny Ocean Desalination Project Funding Information • How water works in Orange County, web page by Orange County Water District https://www.cpc.ncep.noaa.gov/ https://www.drought.gov/forecasts https://www.weather.gov/riw/drought • Indicators Of Climate Change In California Fourth Edition November 2022 California Environmental Protection Agency o Irvine Ranch Water District • Local water providers, web page by Orange County Water District • Major Water Conveyance Facilities, Map by Metropolitan Water District of Southern California • Map of Orange County Water Agencies from Municipal Water District of Orange County o Mesa Water District o Metropolitan Water District of Southern California • Metropolitan Water District Presentation Emergency Conservation Program for the SWP Dependent Areas 2022 • Metropolitan Water District Water Glossary Web Page o Moulton Niguel Water District 511 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 36 of 57 o Municipal Water District of Orange County • MWDOC 2020 Water Shortage Contingency Plan • MWDOC Announcement Newsom administration releases draft EIR to modernize Delta Conveyance • MWDOC Directors Support Legislation to Streamline Approval of Storage Projects Statement • National Oceanic and Atmospheric Administration Related Links on Climate, Drought https://www.cpc.ncep.noaa.gov/ • Numerous Related YouTube Postings • OC Water Reliability Study MWDOC 2018 • OCWD Webinar – Preparing for Maximum Stormwater Capture while Safeguarding the Region from Flooding 2022 o Orange County Water District • Orange County Water District 2018 Information Brochure • Orange County Water District Act 2018 • Orange County Water District Coastal Aquifers Merger Zones 2002 • Orange County Water District Depth to Shallow most groundwater map, 1997 • Orange County Water District Groundwater Contours Map 2020 • Orange County Water District Surface Water Recharge Facilities Map 2018 • Orange County Water District Three-Layer Basin Model Extent Map 2015 • Orange County Water District Well Locations 2018 o Others, not noted • Pacific Institute The Untapped Potential of California’s Urban Water Supply: Water Efficiency, Water Reuse, and Stormwater Capture 2022 • Pacific Institute Water Resilience Brief 2021 • Public Policy Institute of California Managing California’s Water From Conflict to Reconciliation 2021 • Public Policy Institute of California Paper on Storing Water 2018 o Sacramento-San Joaquin Delta Conservancy o Santa Ana Water Shed Project Authority o Santa Margarita Water District o South Coast Water District • South Coast Water District Doheny Ocean Desalination Project Water Cost Analysis Executive Summary 2021 • Stanford University Report Growth in California and Water 2012 512 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 37 of 57 • The following websites were referred to: • The Untapped Potential of California’s Water Supply: Efficiency, Reuse, and Stormwater Pacific Institute June 2006 • Treehugger - What Is Desalination? How Does It Impact the Environment? 2021 • Various information regarding 2014 Water Bond • Water Advisory Committee of Orange County – monthly reports • Water Education Foundation – Conjunctive Use • Webinar OCWD A Regional Update on Southern California Water Supplies 2022 • Webinar OCWD Take It to the (Water) Bank: Ensuring Regional Water Supply Reliability 2022 o Yorba Linda Water District • You Tube Posting, OCSD Replenishing precious Ground Water, Black and Vetch, 2013 • YouTube Posting, Michelson Water Recycling Plant, Irvine Ranch Water District 2009 • YouTube Video, Research in Action, Orange County Water District Reuse, posted by the Water Research Foundation 2022 513 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 38 of 57 APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY Water Banking: Water banking may help with droughts but is only a part of the solution and it has yet to prove itself. Water banking is being pursued Metropolitan Water District and various water suppliers. Simply put, water banking is a voluntary, market-based tool that could facilitate water transactions between willing sellers and buyers. Water right owners, who are willing to free up some of their water in a particularly dry year or years, would temporarily lease it to those who simply cannot afford to be without water. Water banking also takes water during periods when it is available and stores it. Banking water during wet years provides water districts with a cushion of protection during droughts. It also conserves any unused water, rather than letting it run out to the sea or be lost to evaporation. The storage is usually done in aquifers and generally not within the individual agencies area. The water banking agreements can be complex and depend upon broad cooperation among various agencies for delivery and storage. Conjunctive use is a catchphrase for coordinated use of surface water and groundwater. The state considers water banking a “conjunctive use” and encourages such uses.19 On a statewide level, California has 517 groundwater basins. Stanford’s Water in the West institute estimates that the capacity of underground water storage in California is at least 20 times greater than that of the state’s reservoirs and lakes. However, the means to store surplus water and return it in dry years is lacking. The Sustainable Groundwater Management Act of 2014 has created the opportunity to expand recharge basins and banking particularly in agricultural areas but to date, action is lagging. 514 SARCCUP Water Bank Storage HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 39 of 57 The largest water banking project underway that affects Orange County is the Santa Ana River Conservation and Conjunctive Use Program (SARCCUP). It is a regional program that involves several agencies in Orange County, Riverside County, and San Bernardino County. While a logical program to undertake, there are technical and distribution issues that must be worked out and these items may take several years. A more controversial banking program is the Cadiz project. The Cadiz Water Project is a water supply project to manage the groundwater basin underlying a portion of the Cadiz and Fenner Valleys in California’s Mojave Desert. At least one water agency in Orange County has considered this program as a potential source of water to meet their needs. The program has been promoted since 1997 and has yet to move forward. There are several environmental concerns with the program and concerns about transferring water between basins, particularly one under a desert. The Cadiz project currently is not viable supply of water. There are criticisms of water banking and its effect on local communities. A Georgetown Environmental Law Review article in March 2022 stated, “While advocates of water banking believe its market-based approach will efficiently allow a reduction of use of water, especially during droughts, opponents may cite some examples of how letting the market take over may be detrimental to local communities.” Such concerns are valid and need to be considered prior to relying on water banking as the only solution to ensure water supply during times of drought. Purchase of water rights Temporary transfers of water from one water user to another have been used increasingly as a way of meeting statewide water demands, particularly in drought years. This has been done through the purchase of water rights. There are numerous articles concerning the possible negative effects of this practice, including the effects on less wealthy communities and agricultural. Due to these concerns, this practice should be limited. Farms in western Arizona are growing alfalfa – one of the most water- 515 SARCCUP Facilities ■ . . . . HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 40 of 57 intensive crops – in an area where there's a shortage of water. Some farms are foreign- owned and are shipping the crop to Saudi Arabia, where it's illegal to grow because it takes too much water.20 Water sources cannot be bought or sold but the water taken from a lake, river, stream, or creek, or from underground supplies for a beneficial use, requires you have a water right.21 The right to use that water can be conveyed on a temporary basis. Temporary transfers of water from one water user to another have been used increasingly as a way of meeting water demands, particularly in drought years. During interviews, the Grand Jury found the purchase of water rights to be widespread. Agencies stated the cost of acquiring water rights is significantly less than developing new sources. The practice includes asking agricultural users to allow their land to lay fallow. There are numerous articles about making the agriculture industry more efficient. These effects, if they occur, will take time and be costly. Taking water from a major industry to satisfy urban demands is inherently wrong and will not solve the problem of extended drought. Recycling Water Recycled water offers Orange County a way to reduce water requirements but is limited by the amount of wastewater that can be recycled which in turn is dependent upon available water supply. It is an important piece of Orange County water resiliency but not a solution itself. Recycled water is wastewater that has been treated to a level acceptable for landscaping and certain other industrial uses. The regulations regarding the use and stand for treatment of recycled water are referred to as Title 22.22 Orange County has been a leader in recycling of water through Orange County Water District and Irvine Ranch Water District.23 Irvine Ranch Water District reports that 25% of the water it supplies is recycled. Recycled water replaces the need for using potable water. Currently, various water districts are expanding their recycling systems by constructing additional reservoirs and distribution systems. The cities and water districts in Orange County have also been active in sponsoring legislation that supports recycling of water. South Orange County Wastewater Authority (SOCWA) treats and distributes for reuse roughly six billion gallons of water every year.24 However, not all SOCWA treatment plants are recycling as much as feasible, most notably the JB Latham Treatment Plant does not recycle any treated wastewater. During the interviews, different agencies noted there are jurisdictional friction that is being worked on to increase recycling and potentially water reuse in South Orange County. The Grand Jury strongly encourages cooperation or mergers that would increase recycling in South Orange County. 516 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 41 of 57 In summary, water recycling is an important part of Orange County’s water supply and needs to be utilized to the maximum extent. However, it will not resolve water resiliency issues by itself and it relies on existing sources of water. Reuse of Water for Potable Purposes Reusing wastewater for potable purposes is an important part of North Orange County’s water portfolio. Orange County Water District produces 130 million gallons of indirect reuse water per day. However, the amount reused water is dependent upon the diminishing supplies within Orange County. Water reuse is used to enhance water security, sustainability, and resilience. The process of using treated wastewater for drinking water is called potable water reuse. Potable water reuse provides another option for expanding a region’s water supply portfolio. There are two types of potable water reuse: • Indirect potable reuse: Uses an environmental buffer, such as a lake, river, or a groundwater aquifer, before the water is treated at a drinking water treatment plant. • Direct potable reuse: Involves the treatment and distribution of water without an environmental buffer.25 Orange County Water District has been providing indirect potable reuse. In the mid- 1990s, OCWD began the planning and construction that created the Groundwater Replenishment System to produce indirect potable water. The process built upon an earlier process to produce water to prevent groundwater intrusion. The process took over ten years to implement and the system is working well. However, it should be noted as being limited because it relies upon a declining supply and it is a lengthy process. Interviewees have noted that OCWD is considering direct potable reuse. The State of California is currently enacting regulations to enable direct potable reuse. One of the advantages of direct potable reuse is the elimination of the loss due to evaporation at the percolation ponds and the efficiency of direct use. In summary, water reuse is a vital part of the portfolio of water for Orange County to insure water resiliency. Water reuse should also be expanded to the practical extent possible. The time to complete such projects is lengthy and needs to be started immediately. However, reuse is only part of the water needed by Orange County and the source problem needs to be addressed. Aquifer Management Managing the aquifer underneath North Orange County created a highly resilient source of water, but it is challenged by the climate change. The main and supplemental supplies of water are diminishing with less precipitation. The use of the aquifer for wet 517 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 42 of 57 weather storage has not met it potential due to challenges in trapping rainwater and runoff. The aquifer has not been made a regular source of water for all of Orange County which could ease South Orange County’s supply problems. The aquifer supplies approximately 72% of the water for North and Central Orange County. The aquifer is primarily supplied by runoff in the Santa Ana River and supplemented with water from the OCWD’s Groundwater replenishment project and water purchased through MWDOC and MET. OCWD has done well managing the aquifer for North and Central Orange County with existing flows. It has also taken steps to increase the supply of water by working with the Corps of Engineers to better manage the flow of water in the Prado Reservoir, expanding the groundwater replenishment system, and participating in the Santa Ana River Conservation and Conjunctive Use Program.26 All of these steps reinforce the ability of the basin to supply water but do not in themselves assure an increased supply water. South Orange County can only receive water during times of emergencies but does not have regular access to the water. Interviewees noted there was a lack of ability to move water to South Orange County. Because South Orange County is almost 100% dependent upon water imported from MET, this is highly problematic during drought. The Santa Ana River water basin covers San Bernardino and Riverside Counties as well as Orange County. The Santa Ana Watershed Project Authority (SAWPA) works to maintain the water quality in the Santa Ana River and is actively working on drought responses. According to its web site, “SAWPA’s work in the Santa Ana River Watershed advances projects and programs that build water resiliency and promote collaborative, innovative responses to water planning, all of which help address drought conditions.”27 SAWPA also prepared a water shed management plan.28 518 Figure 4.3-1. Water Retail Service Areas in the Santa Ana River Watershed HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 43 of 57 Weather modification and promoting water efficiency are the primary drought responses of SAWP. Through weather modification (cloud seeding) it hopes to achieve 5% more precipitation in specific types of storms. The water efficiency approach is to help implement water use efficiency programs and conservation-based rate structures.29 We were provided with no specifics regarding what percentage can be saved, but through interviews the Grand Jury learned that the savings are between 15% to 30%. None of the initiatives by SAWPA are likely to have an impact on water supplies during prolonged California drought. Interviewees consistently stated that we cannot conserve our way out of a drought. Adding to the concern about the Santa Ana River ground water supply basin is the Inland Empire’s future demands on the water. Development is rapidly taking place and surface water sources and water agencies are recycling water to greater degrees rather than discharging treated wastewater to the Santa Ana River.30 The Inland Empire communities are largely dependent upon Metropolitan Water District supplies which are subject to drought. Orange County Water District only has rights to withdrawing an adjudicated amount of 34,000-acre feet of water from the Santa Ana River. This is approximately half of the 70,000-acre feet typically used to manage the aquifer levels. OCWD typically purchases 30% of the water added to the aquifer from MWDOC. The water MWDOC supplies comes from Metropolitan Water District (MET). During late 2022, MET reduced the water from Northern California Sources to 5% of previous amounts. The water MET receives from the Colorado River is endangered as discussed elsewhere. In summary, the Central and North Orange County aquifer has limits on its ability to supply water to Orange County. These include dependencies on water from Metropolitan Water District, which has had problems supplying water, and a potentially dwindling supply of water from the Santa Ana River. The aquifer is not a supply of water for South Orange County. The aquifer limitations reinforce the need for Orange County to provide for a more drought-resistant supply of water. 519 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 44 of 57 Utilization of other supplies Besides the North/Central Orange County aquifer and those obtained from Metropolitan Water District, there are other insignificant supplies of water. These include surface water captured in Irvine Lake and the San Juan Creek Groundwater Basin in South Orange County. Neither of these are significant supplies of water. Water Efficiency to Increase Supply Orange County Water Districts have found they can reduce the immediate need for increasing water supplies by more efficient use of water. This certainly stretches the water supplies, but it is limited in its ability. Future water needs will require more than just efficient water use. During the recent drought from 2011 to late 2022, Orange County Water Suppliers reduced the per-capita water use significantly by more efficient water use and conservation. This has allowed development to continue to occur even as the water supply was reduced. Irvine Ranch Water District (IRWD) customers reduced their water use from 89 gallons per capita in 2007 to 67 gallons per capita in 2021.31 The area served by IRWD is a newer area where much of the landscaping is irrigated by recycled water and is drought tolerant. The IRWD also has extensive use of water saving plumbing in homes. Older areas of Orange County have also reduced per-capita water use. North and Central Orange County reduced water use from 330 acre-feet in water year 1999-2000 to 230 acre-feet in water year 2022-2023 32 while the population grew slightly.33 Water efficiency savings have been achieved by adopting water saving devices, changes in landscape practices, greater recycling of water, tiered water rates (higher users, higher rates) and the public’s participation. Water suppliers have worked with users to identify the need for greater efficiency by promoting these changes. The State of California also mandated a 20 percent reduction in urban per-capita water use by 2020 in the Water Conservation Act of 2009. The change to efficient use of water will need to become the future standard as water supplies diminish and as housing development increases. However, it is not reasonable to expect greater efficiency to make up for the reduction in supply caused by climate change. Several of the interviewees and many of the reference documents the Grand Jury reviewed stated Orange County cannot conserve its way out of a drought. Besides the significant reduction in per-capita water use, greater savings may be made by more drastic changes in lifestyle. None of the information supplied by water suppliers and reviewed by the Grand Jury addressed these changes. As an example of lifestyle changes, areas such as Phoenix and Las Vegas have either adopted or are in the process of adopting drastic restrictions on landscape water use as a long-term 520 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 45 of 57 climate mitigation. Among these restrictions is a moratorium on development by restricting new water connections.34 Continue efficient water use is needed for the future. Orange County has made significant changes in per-capita water use by being efficient, but any additional savings will only come through changes to lifestyle. This needs to be made clear to residents if additional efficiency is to be achieved, but even additional efficiency will not mitigate the effects of climate on Orange County’s current water supply. Ocean desalination is recommended as the ultimate answer to an untapped source of water and can secure Orange County’s future. APPENDIX B: graphics of interest Metropolitan Water District of Southern California, Municipal Water District Orange County and Orange County Water District Information Sheets 521 COLORADO RIVER AQUEDUCT {CRA) MILES LONG The Colorado River is an essential water supply for Orange County. The CRA transports water 242 m iles west from Lake Havasu on the California/ Arizona border to Lake Mathews in Riverside County. Owned and operated by MWD, the CRA began delivering water to southern Cali fornia in 1941 and was the largest public works project in southern California during the Great Depression. Five pumping p lants push w ate r through the aqueduct and up over 1,617 feet of mountainous terrain. DIAMOND VALLEY LAKE (DVL) MONTHS OF EMERGENCY SUPPLY Located in R iverside County, near Hemet, DVL is Southern California's largest drinking water reservoir. DVL nearly doubles Southern California's surface storage and provides six months of emergency -..vater supplies for the region, protecting 1t against water shortages caused by drought and earthquakes DVL measures 4_5 miles long and over 2 miles wide, with a maximum depth of 285 feet. The lake holds up to 264 oilllon gallons of water and 1s home to one of 16 hydroelectric plants along the MWD distribution system. STATE WATER PROJECT (SWP) MILES LONG The S tate Water Project (SWP) is a water storage and delivery system that facilitates the transfer of water from the lakes and rivers of Northern California to residential communities, agricultural districts, and businesses in the San Francisco Bay area, Central Valley, and Southern California. The SWP is t he largest state built w ater delivery and power generation system in the nation, consisting of more than 30 lakes and reservoirs. over 20 water pumping plants, 5 hydroelectric power plants, several dams, and over 700 hundred miles of canals and pipelines. HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 46 of 57 522 WATER RECLAMATION nlos Full erton Anahe im O range Wastewater has become an important source of water for California. Wastewater is processed at a water reclamation facility to remove solids and impurities, increasing the quality of water. The water, now clean, can be used for a variety of applications. arde n G rove Fom laon Valley Santa Ana nlmgton Be ach ~s I rvine Reclaimed water is used for irrigation, toilet flushing, industrial purposes, and groundwater replenishment. -----:.. ---.._ ----r~ •. DIEMER WATER TREATMENT PLANT The Robert B. Diemer Treatment Plant (Diemer) is located in Yorba Linda . The plant's hilltop location is well suited for gravity-flow distribution of water to homes and businesses throughout Los Angeles and Orange counties . Most wate r brought to Diemer for treatment comes from the Colorado River via the 242-m ile long Colorado River Aqueduct. To a lesser degree , the p lant also rece ives water from Northern California through the State Water Project . Diemer de li vers up to __ .L • of clean drinking water a day to Oranae and Los AnQe les counties. Cosl a 1.1esa Me..,port Be.:ich La~e Fo rest Rancho S Jnta hlarg.1nla kh.-~IOfl V ,e10 Lagma Miguel l.:19Jn..1 Beach Planned Storm Water Capture (Dots) S.;in Clem ente T h ree study Regions in orange county Based on M ix of Local and Imported Water Sources L_ 0r.ilng4il comr, \l\'ater Dli1nCt (2015) I O....,_.Mabra , ..... [_"°""°""""'Co.n" HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 47 of 57 523 Untreated Imported Water ~ l Fffidtfffll ~1lMj Treated Wastewater .... ---- t Wastewater ~ .... 2.5 Million Water Users M WDDirect t ,~e o fl ~-::--··-§ ,. .,..._ H=3 ll :1:, -~~ <. @1 G),:.~(}(i)e=.·=~ local Groun<:t-Nater ea,;n & Recydod ! Wat« fo, Irrigation 600,000 Water Users HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 48 of 57 BIBLIOGRAPHY Abigail M. Johnson, Water Banking: A Potential Solution or Misguided Idea, Georgetown Law Review, March 13, 2022 Adam Beam, State debates what to do with water from recent storms, Associated Press Article, February 15, 2023 Alastair Bland, Colorado River water users convening amid crisis concerns, Associated Press Article, December 13, 2022 Alastair Bland, Is California’s drought over? Water providers still predict shortages next year, Cal Matters, December 13, 2022 Alejandra Borunda, The drought in the western U.S. could last until 2030, National Geographic , October 27, 2022 Allison Armstrong, Information Officer, New Report Shows Continued Water Conservation Is Key to Enabling Suppliers to Meet Demand, State Department of Water Resources, November 28, 2022 Amelia Bates, Tribes in the Colorado River Basin are fighting for their water. States wish they wouldn’t, High Country News, November 16, 2022 Amie Davis, Better Than Running Out of Water – Desalination Plants in Australia, The Guardian, September 19, 2019 Andy Restrepo, Is the California drought over? What’s the situation after the latest snowstorms?, USA Today , February 28, 2023 Annie Snyder, Shrinking Colorado River hands Biden his first climate brawl, Poltico, February 4, 2023 Avery Arena, The Colorado River Is in Crisis. It’s Not Just About Water., Slate, February 14, 2023 Ben Tracy, Investors Buying Water Rights, CBS Evening News , January 31, 2023 Brandon Pho, Is Poseidon’s Huntington Beach Desal Plant Proposal Gone for Good?, Voice of Orange County, July 6, 2022 Brendan O'Leary, California reservoirs are taking radical new steps to save rainwater before droughts: ‘We need to prepare’, NPR, January 30, 2023 524 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 49 of 57 Brooke Staggs, Key vote for Doheny desalination plant coming Thursday, Orange County Register, October 11, 2022 Brooke Staggs, Coastal Commission approves ocean desalination plant off Orange County coast, Orange County Register, October 14, 2022 Brooke Staggs, County, Cities fall short on climate change planning, Orange County Register, January 26, 2023 Brooke Staggs, Doheny desalination plant in Dana Point clears final regulatory hurdle, Southern California News Group - OCR, December 9, 2022 Brooke Staggs, Lake (Big Bear) has risen 2 feet in week, but its still low, Orange County Register, January 21, 2023 Brooke Staggs, Mesa Water digs deep to sustain district, Orange County Register, July 26, 2022 Brooke Staggs, New federal funds will help Southern California weather megadrought, Orange County Register, August 19, 2022 Caleigh Wells, This climate solution saves water and creates solar energy, KCRW, November 28, 2022 Camille von Kaenel, Shrinking Colorado River hands Biden his first climate brawl, POLITICO, February 23, 2023 Christopher Flavelle, As the Colorado River shrinks, Washington prepares to spread the pain, New York Times, January 30, 2023 Clara Harter, Kristy Hutchings, Tyler Shaun Evans, Water officials issue warning, Orange County Register, December 15, 2022 Contributing Editor, VP Touts Water Conservation, Orange County Register, January 21, 2023 Craig Miller and Paul Helliker, California’s water supply goes beyond the current drought, Orange County Register, June 18, 2022 Dan Walters, California may reallocate shrinking water supply, Cal Matters, October 18, 2022 Dan Walters, Opinion - Another step toward agreement on California’s water, Cal Matters, November 16, 2022 Daniel Amarante and Daniel Manzo, Extreme drought nearly eliminated in California in wake of atmospheric rivers, ABC News, January 12, 2023 Daniel Gligich, Valadao rolls out sweeping overhaul of Calif. water policy, The San Joaquin Valley Sun, January 10, 2023 525 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 50 of 57 Daniel Porter, Why Isn't Desalination the Answer to All California's Water Problems? The New Humanitarian , December 15, 2015 Don Thompson, Water use drops 10% in July as state deals with drought, Orange County Register, September 8, 2022 Editorial Board, Editorial - Consolidate water boards in our region, Orange County Register, October 28, 2022 Editorial Board, Editorial - Desal plant rightly gets the green light, Orange County Register, October 26, 2022 Editorial Board, Editorial - Flooding shows the need for storage, Orange County Register, January 4, 2023 Editorial Panel, Editorial – States Climate Strategy Lacks Clear Direction, Orange County Register, January 17, 2023 Editorial Panel, Opinion – Water is a Terrible Thing to Waste, Los Angeles Times, January 18, 2023 Edward Ring, Opinion - Harvesting the deluge is an opportunity for Californians,– California Policy Center, January 12, 2023 Elizabeth Weise and Dinah Voyles-Pulvec, Are California's storms normal, or is climate change making them worse? What experts say., USA Today, January 10, 2023 Elizbeth Weise, Water crisis in West: Massive reservoir Lake Powell hits historic low water level, USA Today, February 20, 2023 Emily Pontecorvo, The West’s Biggest Source of Renewable Energy Depends on Water. Will it Survive the Drought? Gist, October 18, 2022 Ethan Baron, Keeping California's head above water - Scientist helps companies adapt to growing risk of drought, flood and climate change, Bay Area News Group, January 15, 2023 George Skelton, Opinion Column: Shrinking water supply will mean more fallow fields in the San Joaquin Valley, Los Angeles Times, February 20, 2023 Gianna Melillo, Here’s how California is trying to hold on to its rainwater, The Hill, January 17, 2023 Gina Ayala – Media Contact, Four Pfas Treatment Facilities In Orange Begin Operation, Treating Up To 7,500 Gallons Of Water Per Minute, Orange County Water District Press Release, October 10, 2022 526 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 51 of 57 Greg Hass, Lake Mead and Lake Powell are swelling. Here is what that means for the water supply, The Hill, April 21, 2023 Gregory Pierce, Nicholas Chow, Kyra Gmoser-Daskalakis, Peter Roquemore, and Nichole Heil, Analyzing Southern California Supply Investments from a Human Right to Water Perspective, UCLA Luskin Center for Innovation Part of The Proposed Poseidon Ocean Water Desalination Plant in Orange County, UCLA Review, April 2019 Haley Smith and Ian James, Drought emergency declared for all Southern California, Los Angeles Times, December 14, 2022 Haley Smith, Los Angeles is running out of water, and time. Are leaders willing to act? Los Angeles Times, October 13, 2022 Haley Smith, Nearly 20% of California water agencies could see shortages if drought persists, state report shows, Los Angeles Times, November 30, 2022 Haley Smith, Recent storms give drought-weary California cause for hope, but will they continue? Los Angeles Times, December 13, 2022 Haley Smith, Water savings just a drop, experts say, Los Angeles Times, September 16, 2022 Haley Smith, With all this rain and snow, can California really still be in a drought? Look deeper, Los Angeles Times, February 22, 2023 Hayley Smith, They used to call California ocean desalination a disaster. But water crisis brings new look, Los Angeles Times, November 7, 2022 Hayley Smith, Why Southern California is still imposing water restrictions despite so much rain, Los Angeles Times, February 6, 2023 Ian James, Depletion of groundwater is accelerating in California's Central Valley, study finds, Los Angeles Times, December 27, 2021 Ian James, Growing fears of ‘dead pool’ on Colorado River as drought threatens Hoover Dam water, Los Angeles Times, December 16, 2022 Ian James, Molly Hennessy-Fiske, Sean Greene, Gina Ferazz, The Colorado River is Overused and Shrinking, Los Angeles Times Continuing Articles, February 1, 2023 Ian James, More water restrictions likely as California pledges to cut use of Colorado River supply, Los Angeles Times, October 6, 2022 Jake Bittle, Water thieves abound in dry California. Why are they so hard to catch? Grist, December 1, 2022 527 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 52 of 57 Jeff Gritchen, Before and After Photos Irvine Lake, Local Irvine Publications, January 25, 2023 Jelena Jezdimirovic and Ellen Hanak, How California’s Water Bond Is Being Spent, Public Policy Institute of California, December 2017 Jess Thomson, Is Lake Mead Filling Back Up? Newsweek, February 1, 2023 Joel B. Pollok, Lake Mead and Lake Powell, Reservoir Article, Los Angeles Times, February 5, 2023 John Addison, Lessons from Orange County, California's water strategy, Greenbiz - John Addison, Meeting of the Minds, January 2, 2019 Jonathan J. Cooper and Kathleen Ronayne, Arizona’s Kelly slams California on Colorado River use, Associated Press, October 27, 2022 Joshua Frank, The Truth About the California Water Crisis, Counterpunch, June 15, 2022 Jules Bernstein, From drought to deluge: What's next for California? PhysOrg, April 10, 2023 Julia Jacobo and Daniel Manzo, Megadrought out West expected to intensify, expand east: NOAA, ABC News, April 21, 2022 Julia Jacobo, Are rising water prices amid the Western megadrought inevitable? Yes, but it's complicated, experts say, ABC News, June 13, 2022 Julia Jacobo, Bodies of water all over North America are drying up due to drought, climate change: Experts, ABC News, October 19, 2022 Julia Jacobo, Southwest experiencing driest conditions in at least 1,200 years due to climate change, new study finds, ABC News, February 14, 2022 Julia Sizek with Kim Stringfellow, The Trouble with Cadiz, The Mojave Dispatch reporting on Mojave Project, February 2018 Karen Breslau, Mark Chediak and Kim Chipman, Recent storms show risk in state's outdated plumbing, Bloomberg, Reprinted Orange County Register, January 15, 2023 Kathleen Ronayne and Suman Naishadham, California releases its own plan for Colorado River cuts, Associated Press Article, February 1, 2023 Kathleen Ronayne, Audit: State too slow to fix contaminated water systems, AP in Orange County Register, July 27, 2022 528 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 53 of 57 Kathleen Ronayne, California should invest tens of billions of dollars in water recycling, storage and desalination over the next two decades to shore up its supply as the state gets drier and hotter, Gov. Gavin Newsom said in a proposal released Thursday., Associated Press, August 11, 2022 Kathleen Ronayne, State plans for scaled back giant water tunnel, Associated Press, July 28, 2022 Keith Schneider, Lack of water may doom shift to desert living, New York Times, January 1, 2023 Kurt Snibbe, As Orange County is increasing restrictions on water use, it may not feel like it, but drought here is less severe than many places around the world, Orange County Register, August 27, 2022 Kurt Snibbe, Here’s why the desalination plant in Doheny was approved and Huntington Beach’s wasn’t, Orange County Register, October 23, 2022 Larry Wilson, Editorial No wet people without wetlands, Orange County Register, September 5, 2022 Laura Baisas, We're only 8 years away from stronger El Niño and La Niña events, Popular Science, November 18, 2022 Lior Novik, There will be no water shortage in Israel, Jerusalem Post, May 5, 2023 Loren Sommer, Emily Kwong, Rebecca Ramirez, Berly McCoy, California's flooding reveals we're still building cities for the climate of the past, National Pubic Radio, January 20, 2023 Martin Wisckol, Cost of Poseidon desalinated water gets renewed scruting, Orange County Register, March 31, 2022 Mike Anderson, Graham Fogg, Susan De Anda, Ellen Hanak, 3 reasons why California's drought isn't really over, despite all the rain, National Public Radio, March 23, 2023 Ned Kleiner, Op-Ed: Why California wasn't prepared for the atmospheric rivers, Los Angeles Times, January 25, 2023 News Editor, California’s drought disaster is turning into an economic disaster: ‘It’s unprecedented’, Fox News, December 6, 2022 Nihar Patel, Drought-stricken CA increasingly turning to desalination of ocean water, National Public Radio, November 28, 2022 OCWD Members, Water Supply Reliability Expected to Improve at Prado Dam, Association of California Water Agencies, August 25, 2021 529 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 54 of 57 Paul Cook, 1 billion gallons of rainwater captured at Irvine Lake, Irvine Standard, February 2023 Paul Rogers, Newsom calls for funding for water, Bay Area News Group, August 11, 2022 Rachel Becker, Another California desalination plant approved — the most contentious one yet, Cal Matters, November 17, 2022 Rachel Becker, How Can California Boost Its Water Supply? Cal Matters, November 7, 2022 Rachel Becker, Tunnel vision: What’s next for the governor’s plan to re-plumb the Delta? Cal Matters, June 22, 2022 Rachel Ramirez, More than 70 water agencies in California could face water shortages in the coming months, state report shows, CNN, December 1, 2022 Raquel Becker, Four in a row: California drought likely to continue, Cal Matters, September 28, 2022, Water savings go only so far State needs 'all of the above' drought strategy, mayor says, Los Angeles Times, September 2, 2022 Raymond Zhong, Officials warn of coming California megastorm, New York Times, August 15, 2022 Rene Marsh, This California city paid $1.1 million to keep faucets running through March as the price of water skyrockets, CNN, November 1, 2022 Rob Jordan, Reasons for hope amid California’s drought, Water in the West News, October 27, 2021 Robert Reid, The new1.6 billion gal. reservoir is the largest facility of its kind in Orange County and the first to be constructed there in decades., American Society Civil Engineers CE Magazine, October 2022 Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Newsweek, January 3, 2023 Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Los Angeles Times, January 3, 2023 Robyn White, Why Is the Colorado River Drying Up? Newsweek, December 21, 2022 Sammy Roth, These farmers dominate the Colorado River. Cross them at your own peril, Boiling Point republished Los Angeles Times, January 19, 2023 Sammy Roth, Want to solve climate change? Open more land to solar, industry leader says, Los Angeles Times, December 1, 2022 530 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 55 of 57 Sammy Roth, Want to solve climate change? This California farm kingdom holds a key, Los Angeles Times, January 17, 2023 Sharon Udasin , DRIED UP: In California, desalination offers only partial solution to growing drought, The Hill, December 5, 2022 Staff Drinking water from the sea, THE WEEK, February 17, 2023 Staff, Remarkable recovery at Northern California's most beleaguered reservoir, CBS San Francisco, February 19, 2023 Staff, Sites Reservoir Is a Solution to California’s Megadrought, South Coast Water District, November 5, 2022 Stan Metz and Felicia Fonseca, Deadline looms for western states to cut Colorado River use by about 15%, Associated Press, August 17, 2022 Stephen Katz, For Potable Reuse, Innovation Drives Adaptation, Waterworld, December 2022 Steven Greenhut, Editorial - Enviros just want to make everyonemiserable, Orange County Register, January 15, 2023 Steven Greenhut, Editorial - Will Our State Get Water Policy Right, Orange County Register, July 31, 2022 Stuart Snell, World-first major desalination field study finds minimal marine impact, UNSW Sydney, September 20, 2018 Teri Sforza, Build more houses! Use less water! California, can you have it both ways? Orange County Register, July 18, 2022 Teri Sforza, Editorial You’re not saving enough water, Southern California, Orange County Register, July 11, 2022 Teri Sforza, One OC water agency fights for its life in face of consolidation desires, Orange County Register, February 10, 2023 Teri Sforza, Who are Orange County’s biggest water or wasters? Here’s the list, Orange County Register, August 14, 2022 Teri Sforza, Who’s cracking down on water wasters in OC? Orange County Register, November 23, 2022 Thomas Elias, Opinion - California will resist bullying along the Colorado River, Letter in Los Angeles Times, February 17, 2023 531 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 56 of 57 Times Editorial Board, Editorial: An unfair plan to cut California’s use of Colorado River water, Los Angeles Times, February 26, 2023 Tom Coleman, Editorial Water Conservation is not enough, Orange County Register, January 1, 2023 Various, A Water War Is Brewing Over the Dwindling Colorado River, Washington Post, December 27, 2022 White, Robyn, Biden Says Climate Change Could Dry Up Colorado River. Is It Possible? Newsweek, March 15, 2023 NOTICE Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. ENDNOTES 1 The Groundwater Replenishment System - Providing Water for The Future. 2003-2004; Water Budgets, Not Water Rationing 2007-2008; “Paper Water” — Does Orange County Have A Reliable Future? 2008-2009; Orange County Water Sustainability: Who Cares? 2012-2013; Sustainable and Reliable Orange County Water Supply: Another Endangered Species? 2013-2014; Increasing Water Recycling: A Win-Win for Orange County 2014-2015 2 Metropolitan Water District Web Site See Metropolitan Water District Web Site MWD | Homepage (mwdh2o.com) 3 See Metropolitan Water District Web Site https://www.mwdh2o.com 4 California Department of Water Resources State Water Project Web Page State Water Project (ca.gov) 5Washington Examiner Article “$2.7 billion bond fund to build water reservoirs sits idle in California” dated August 16, 2021 6 Natural Resources Bond Accountability Web Page Proposition One (ca.gov) 7 California Environmental Protection Agency – Indicators of Climate Change in California – 4th Addition, California’s Water Supply Strategy – Adapting to A Hotter, Drier Future – Introduction – August 2022. 532 HISTORIC RAIN, YET DROUGHT REMAINS ORANGE COUNTY GRAND JURY 2022 I 2023 Page 57 of 57 8 Newsom calls for funding for water – Bay Area News Group Article dated August 11, 2022 9 California Government Code (Beginning with Section 62300) to Title 6 of the Government Code 10 Water in Orange County Needs “One Voice” Orange County Grand Jury Report 2021-2022 11 018 OC Study Report Final Report_02-01-2019 td with apendices.pdf (mwdoc.com) 12 See Treehugger Sustainability for All article dated April 15, 2021 13 United States Geological Survey Web Page on Desalination | U.S. Geological Survey (usgs.gov) 14 International Desalination Association web page IDA | The Global Desalination and Water Reuse Community (idadesal.org) 15 Claude Lewis Carlsbad Desalination Plant, “Homepage.” https://www.carlsbaddesal.com 16 Municipal Water District of Orange County webpage Water Rates and Charges | MWDOC 17 SoFi Stadium is a sports and entertainment destination built in Inglewood, California 18 Ocean Plan Requirements for Seawater Desalination Facilities by the California Water Boards – State Water Resources Control Board 19 Conjunctive Use - Water Education Foundation 20 Ben Tracy, Saudi company draws unlimited Arizona ground water amid drought, CBS News 21 California State Water Control Boards Web Site – Water Rights Page 22 Water Recycling and Title 22 - Water Education Foundation 23 50 Years of Recycled Water (irwd.com) 24 Recycled Water | SOCWA 25 Potable Water Reuse and Drinking Water | US EPA 26 Drought - Orange County Water District (ocwd.com) 27 Drought Response - SAWPA - Santa Ana Watershed Project Authority 28 Wic07Aone-one-watershed-plan-update.pdf (OCWD.com) 29 Water Conservation Portal - California Statutes | California State Water Resources Control Board 30 Recycled Water Service - Eastern Municipal Water District (emwd.org) 31 See Irvine Range Water District web site IRWDis 32 See Water Advisory Committee of Orange County Water Supply Report Dated March 3, 2023 33 USA Facts Orange County, CA population by year, race, & more | USAFacts 34 Water shortages threaten development throughout the West – AZMirrow Article dated June 10, 20 533 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-665 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Ashley Wysocki, Director of Community & Library Services Subject: Approve and execute a five-year Memorandum of Understanding between the City of Huntington Beach and Friends of the Shipley Nature Center Statement of Issue: There is a need to approve a new Memorandum of Understanding (MOU) between the City of Huntington Beach and Friends of Shipley Nature Center (FSNC) for the continued operation and improvement/restoration of the nature center. Financial Impact: No additional funding is required as a result of approval of this MOU. Funding in the amount of $40,000 is included in the Community and Library Services annual budget for repairs and maintenance to the nature center. Recommended Action: Authorize the Mayor and City Clerk to execute and approve a Memorandum of Understanding between the City of Huntington Beach and Friends of Shipley Nature Center. Alternative Action(s): Do not approve the amendment for the extension, and direct staff accordingly. Analysis: Due to budget reductions, the Nature Center was closed in 2001. The community started a grassroots movement and created the Friends of Shipley Nature Center (FSNC) which began working with the City to improve the nature center. On November 1, 2004, City Council approved a MOU with FSNC to operate, improve and restore the nature center per the Master Plan approved by City Council on April 5, 2004. On November 16, 2009 a five-year extension was approved (Amendment 1) with an additional five-year extension (Amendment 2) approved on November 17, 2014 through October 31, 2019. City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™534 File #:23-665 MEETING DATE:9/5/2023 The nature center is currently open under the leadership of FSNC and, with City approval, conducts workdays, fundraisers, and tours as well as restoring the nature center. The MOU establishes areas of responsibility of the City and FSNC for the operation and maintenance of the center. Upon approval, the MOU will have a five-year term with an additional five-year term upon mutual consent of the parties. The main points of the MOU include the City’s obligation to provide access to the facility for authorized FSNC activities; a staff liaison to interface with FSNC and, based on manpower and budgetary constraints, to assist with grant applications for joint funds for capital improvements and operational needs; in-house printing of up to 24,000 four-color ink pages per month for brochures and flyers; an annual walk-through to determine a work plan for maintenance and capital needs; tree trimming, irrigation, lake and building maintenance, capital improvements, maintaining the perimeter fence; providing facilities for meetings and events, depending on availability; and waiving permit fees wherever feasible. In turn, the major obligations of the FSNC will be to maintain a 501(c)(3) non-profit status and liability insurance, with the City as an additional insured; perform maintenance of the facility including eradication of non-native plant species; implement additional planting and watering of trees; use fertilizer, pesticide, fungicide, and herbicide in compliance with all regulations; obtain all necessary permits for improvements to the site; sell items on site to support the FSNC; perform weekly janitorial services; and renovate the center based on the approved master plan. Based on the outstanding efforts of the FSNC to operate, maintain, and improve the Shipley Nature Center over the years, staff recommends approval. Environmental Status: The master plan for renovation of Shipley Nature Center received a Notice of Exemption on August 18, 2004, from the County of Orange. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Memorandum of Understanding between the City of Huntington Beach and Friends of the Shipley Nature Center. 2. Friends of the Shipley Nature Center PowerPoint. City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™535 536 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND FRIENDS OF THE SHIPLEY NATURE CENTER 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 FRIENDS OF SHIPLEY NATURE CENTER, a California 501(c)(3) corporation (hereinafter referred to as "FSNC"). WHEREAS, City currently operates the Central Park area in Huntington Beach, which includes an area dedicated exclusively by the Huntington Central Park Master Plan, attached hereto as Exhibit "A", for use as the Shipley Nature Center (hereinafter referred to as "Shipley"); and WHEREAS, City wishes to provide its citizens with a quality recreational area; and WHEREAS, FSNC wishes to enter into an agreement with City for operation of the building and programs and services within the Shipley Nature Center by FSNC, and WHEREAS, the Friends of Shipley Nature Center is a non-profit organization formed to manage the nature center as an ecological sanctuary for California native plants and wildlife and to provide environmental education in an urban setting in partnership with the City of Huntington Beach and the local community, and with the wider world. WHEREAS, on September 4, 2007 City Council approved an annual allocation of $40,000 for repairs and maintenance to Shipley Nature Center. NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows: SECTION 1. TERM This MOU will become effective on the date it is approved by the City Council of the City and shall terminate five (5) years thereafter, except with respect to any obligations hereunder which 1 537 are to be performed thereafter. Upon mutual written consent of the parties, this agreement may be extended for an additional five ( 5) year term. SECTION 2. OBLIGATIONS OF CITY The obligations of City pursuant to this Agreement shall be as follows: • The City liaison for maintenance related activity will be the Director of Public Works or their designee • The City liaison for program related activity will be the Director of Community & Library Services or their designee. • The City liaisons will be available periodically to interface with FSNC relative to providing information and access to Shipley. City will assign, a non-voting staffliaison to the FSNC Board of Directors. • FSNC shall provide the City a detailed invoice quarterly for City annual allocation of funds. • City will conduct an annual walk-through with FSNC to determine a work plan for all maintenance and capital needs. • City will provide tree trimming, irrigation, lake, and building maintenance. • City will provide yearly backflow testing and backflow maintenance. • City will provide Capital Improvements, which will include but not be limited to painting, re-roofing, plumbing, replacement of roll-up doors, electrical upgrades and tree removal. • City staff will, whenever possible within staff availability, assist FSN C with grant applications to seek joint funds for Shipley capital improvements as well as operational funding. 2 538 • City will provide access to the facility for authorized FSNC activities. The access will be provided by a City employee, or keys assigned to specific individuals within FSNC who will be responsible for opening/closing of the facility. Authorized activities will include watering trees, maintenance, fundraisers, tours, educational activities and monitoring, etc. The purpose of this section is to ensure that access to FSNC is for official, authorized events or activities relating to the maintenance, programming, or fundraising goals of the organization. • City will assist FSNC by providing in-house printing of brochures, flyers, and other promotional material, not to exceed a total amount of twenty-four thousand (24,000), four-color ink pages per calendar year. In the event that out-sourcing of printing becomes necessary, FSNC will become responsible for their own printing. • City will allow FSNC to post flyers and other material at community facilities, such as recreation centers. • City will provide a liability waiver form that will list FSNC and City and will be completed by all volunteers entering Shipley. FSNC is required to collect completed liability waiver forms and provide to the City, upon request. • City will maintain signage at Shipley indicating that the City and FSNC have entered into a public/private partnership to renovate and operate Shipley. Specific language and sign location(s) will be approved by both parties. The signage will include the FSNC contact number. • City will maintain and repair the chain link perimeter fence at Shipley. • City will assist FSNC by providing facilities for meetings and events, dependent upon availability, at Community & Library Services public facilities, such as recreation centers and parks, at no cost to FSNC, for up to 24 occurrences per year. 3 539 • City will support Shipley and FSNC as defined within this Agreement with the understanding that City may have fiscal constraints. • City will waive City permit fees wherever feasible. City agrees to have staff support FSNC with acquisition of permits from external agencies. All costs associated with permit fees, studies, etc. needed for obtaining external permits are the responsibility of FSNC. SECTION 3. OBLIGATIONS OF FSNC FSNC shall provide City with the following to support their overall involvement with Shipley: • Maintain and post hours of operation. Changes to hours of operation shall be upon mutual agreement of City and FSNC. • FSNC will maintain all earth pathways and other areas located within Shipley that are built or designed to support programming. Pathway and trail deficiencies shall be filled with dirt or decomposed granite as needed. Additionally, FSNC will maintain interior signage, and displays; park furnishings; and trash enclosure within Shipley. • FSNC will provide a point of contact for City as designated by the FSNC Board of Directors. • FSNC will provide a schedule of all activities for review by City. FSNC shall provide a volunteer with the necessary certifications to apply herbicide. If this volunteer is not available, the City and FSNC may endeavor to work together to seek a solution to maintain the application schedule or seek an alternative solution to eradicate the new growth of non- native plant material. 4 540 • FSNC may only use fertilizer, pesticide, fungicide, herbicide, etc. that comply with all current standards, in accordance with Federal, State, County, and City regulations. FSNC shall comply with all land use regulations and codes. • FSNC will hand water trees in containers until they are properly planted and established. • FSNC may plant trees within Shipley with City's prior written approval, as long as the planting is in accordance with the current City Council approved master plan. Ownership of all plants, trees and other landscape materials donated by FSNC shall pass to City upon installation at Shipley. • FSNC may schedule and lead docent tours and conduct other appropriate events for volunteer groups such as clean-up days and fundraisers. Fundraisers and events located within the Shipley footprint, where over 100 attendees, tenting services, or vendor/exhibitor booths are anticipated, may require a special permit at no cost to FSNC. FSNC will confirm with Community & Library Services staff if a permit is required for such events. • FSN C will maintain and show proof to City, through the State of California, of its 501 ( c )(3) non-profit status. • FSNC, with the review and approval of the City, may sell items on the site to support the FSNC such as California native plants, t-shirts, etc. • FSNC may distribute membership and event flyers from Shipley. • FSNC may have a separate telephone line or internet service into Shipley. It will be the sole responsibility ofFSNC to pay for the monthly service cost of those services. • FSNC may utilize a section of the wall of the Interpretive Center (specific areas to be mutually agreed upon by FSNC and the City) within Shipley for displays for FSNC. • FSNC has discretionary authority for educational displays in the Interpretive Center. 5 541 • FSNC shall have a non-exclusive right to use the building and contents thereof for such activities as reasonable, necessary and consistent with the purpose of this Agreement. FSNC may install fixtures or construct permanent structural modifications to the building with City's prior written approval. Ownership of any such fixtures or modifications shall pass to City upon installation or completion thereof. • FSNC will obtain any and all required permits necessitated by improvements or modifications made within Shipley, including the interpretive building. FSNC shall ensure that all permit inspections and fmal sign-offs will be obtained. • FSNC shall notify City of necessary repairs of buildings, electrical, plumbing, paint, toilets, etc., that constitute general operations of a facility. • FSNC shall be responsible for weekly janitorial services and procurement of supplies. • FSNC shall be responsible for obtaining all vendor liability waiver forms and submitting to City, upon request. • Should this agreement terminate for any reason, FSNC will remove all property that has not been deemed City property from the facility and grounds within 30 days. SECTION 4. ACCESS TO CITY MARKS AND LOGOS FSNC shall have the right to use the official Huntington Beach City logo with the prior written approval of City. SECTION 5. HOLD HARMLESS FSNC shall protect, defend, indemnify and hold harmless City, its 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 its obligations 6 542 contained in this MOU except such loss or damage which was caused by the sole negligence or willful misconduct of City. SECTION 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, FSNC acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; FSNC covenants that it will comply with such provisions prior to commencing performance of the work hereunder. FSNC 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. FSNC shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. FSNC shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance and FSNC shall similarly require all subcontractors to waive subrogation. SECTION 7. GENERAL LIABILITY INSURANCE In addition to the workers' compensation insurance and FSNC's covenant to indemnify City, FSNC shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify FSNC, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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 7 543 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 FSNC'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. FSNC shall maintain continuous coverage of insurance as set forth in Sections 6 and 7 of this Agreement. FSNC shall upon annual insurance renewal, provide City with copies of current required certificates of liability. 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 be voluntary or involuntary, by operation oflaw or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 9. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 10. CONFLICT OF INTEREST FSNC shall employ no City official nor 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. 8 544 SECTION 11. 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 Shipley activities. However, consistent with good safety practices, City will endeavor to give 24- hour advance notification of such activities to FSNC. In addition, if City receives compensation from such persons for such production within Shipley, City will grant 50% of such compensation to FSNC for support of FSNC's Shipley-related activities. SECTION 12. NONDISCLOSURES/PRESS RELEASES FSNC 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 herefrom. SECTION 13. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. SECTION 14. WAIVER OF BREACH The waiver by City of any breach by FSNC 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 FSNC either of the same or another provision of this MOU. SECTION 15. FORCE MAJEURE -UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either City or FSNC be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause ( except financial inability) not the fault of the party required to perform the act, the time for performance of 9 545 the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 16. 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 Director of Public Works City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Phone: (714) 536-5495 FSNC Friends of Shipley Nature Center Attn: President P.O. Box 1052 Huntington Beach, CA 9264 7 Phone (714) 842-4772 If a party desires to change the address for notices set forth herein, said party will provide Thirty (30) days advance written notice to the other party of any such change. SECTION 17. 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 18. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction ofthis MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 19. 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. 10 546 SECTION 20. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 21. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of City to enforce any and all indemnities given or made by FSNC under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 22. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed City or City affiliated board, commission or member thereof, or officer, official, employee or agent of City shall be personally liable to FSNC, its successors and assigns, of any default or breach by City under this MOU or for any amount which may become due to FSNC, its successors and assigns, under this MOU or for any obligation of City under this MOU. SECTION 23. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days notice in writing. SECTION 24. MOU IN WRITING This MOU contains and embraces the entire agreement 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 agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by City and FSNC, or their successors in interest. SECTION 25. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and 11 547 effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 26. 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 27. NO TITLE INTEREST No title interest of any kind is hereby given and FSNC shall never assert any claim or title to Shipley, Central Park or any other public property. Use of Shipley by FSNC is non-exclusive, and Shipley shall at all times during its operating hours remain open for use by the public. SECTION 28. ENTIRETY The foregoing sets forth the entire agreement between the parties. 12 548 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. CONSULTANT, FRIENDS OF THE SHIPLEY NATURE CENT I print name ITS: (circle one) Chairman/President/Vice President - AND By:JJ~-/{_~ "°enf.se. '.K uocc o print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer 13 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk ]NJ ~/ Director of Public Works REVIEWED AND APPROVED: City Manager 549 HUNTINGTON CENTRAL PARK MASTER PLAN EXHIBIT A 14 550 CENTRAL PARK MASTER PLAN OF U SES Approved by City Council April 16, 2012 Proposed Senior Center Location Designated Passive Open Space -00 U') 'E te ~ t--··-.. ' , ,,...; CfENlTW<<.i~l P ,~.~fl( ••......• ., .. !NG !OWStw.N a ~u ---MtM • 1/< The rap eutic R iding C enter Lo catio n CITY OF HUNTINGTON BEACH, CALIFORNIA 15 ·; 1 J . ) 551 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 01/06/2023 ~ 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 ls 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kerry Wakely Bannister & Associates Insurance Agency NAME: PHONE (714) 536-6086 I FAX 536-4054 CA License #0691071 IAIC No Exll: IA/C Nol: (714) 305 17th Street E-MAIL kerry@bai-ins.com Huntington Beach CA 92648 ADDRESS: INSURERfSI AFFORDING COVERAGE NAIC# INSURER A: Nonprofits Ina Alliance of CA INSURED INSURER a; State Comp Insurance Fund of CA Friends of Shipley Nature Center INSURERC: PO Box 1052 INSURER 0: Huntington Beach CA 92647 INSURERE: (714) 842-4772 INSURERF: COVERAGES l<W CERTIFICATE NUMBER: Ce:rt ID 12279 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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 ADDL SUBR 1:gM%M~ l~~lii~rY\ LTR "'"D IAnJO POLICY NUMllER LIMITS A X COMMERCIAL GENERALLIAlllLITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED -y 2023-13278 02/04/2023 02/04/2024 PREMISES [Ea occurrencel $ 500,000 X Liquor Liability -MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY -$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ POLICY□ ~f81 □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY fi:~~~bl/Ifntf1NGLE LIMIT $ 1,000,000 -A ANY AUTO 2023-13278 02/04/2023 02/04/2024 BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per aecidenl) $ -HIRED -NON-OWNED fp~?:ii~RAMAGE X AUTOS ONLY X AUTOS ONLY $ --$ UMBRELLA LIAS H OCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE $ DEP l I RETENTION$ $ WORKERS COMPENSATION I PER I I OTI-l-B ANO EMPLOYERS' LIABILITY 9154159-23 03/03/2023 03/03/2024 X STATUTE ER YIN ANYPROPRIETORIPARTNERIEXECUTIVE □ NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000 g~i'i:!~ftf[~~ o1~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Directors & Officers Liab 2023-13278-DO-N~O 02/04/2023 02/04/2024 Limit (each $ 1,000,000 wrongful act) 1 Employment Practices Liab Limit (aggregate) 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addltlonat Remarks Schodulo, may be auached If more space Is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds with respects general liability policy l,!'r,~ts. RE1 All insured California operations ROVED A$ TO rORM l3ll, /J I MICHAELE, OATES ' .. Lll cirv ATTORNEY ! Cl"rV At: UI 11,,.,.1 .. 1------· ( CERTIFICATE HOLDER CANCELLATION •• --.. --r"'\vn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach I CA 92648 ~- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 552 POLICY NUMBER: 2023-13278 Named Insured: Friends of Shipley Nature Center COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1 553 POLICY NUMBER: 2023-13278 Named Insured: Friends of Shipley Nature Center COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 2 554 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 12 19 © Insurance Services Office, Inc., 2012 Page 2 of 2 555 A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2023-13278 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: A. Section II -WHO IS AN INSURED is amended to include: 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your negligent acts or omissions; or b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. Section Ill -LIMITS OF INSURANCE is amended to include: 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or NIAC-E610219 Page 1 of 2 556 A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2023-13278 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excesslnsurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 02 19 Page 2 of 2 Friends of the Shipley Nature Center MOU September 5, 2023 557 ------------ .,, ..... --- ..,.,,. --- ~--~~ -- ~---------.... ---::::=:::------------= BACKGROUND •Due to budget reductions, the Nature Center was closed in 2001. The community started a grassroots movement and created the Friends of Shipley Nature Center (FSNC) which began working with the City to improve the nature center. •On November 1, 2004, City Council approved a MOU with FSNC to operate, improve and restore the nature center per the Master Plan approved by City Council on April 5, 2004. FSNC receives $40,000 yearly for labor and utilities. •On November 16, 2009 a five-year extension, was approved (Amendment 1) with an additional five-year extension (Amendment 2) approved on November 17, 2014 through October 31, 2019. •The MOU establishes areas of responsibility of the City and FSNC for the operation and maintenance of the center. Upon approval, the MOU will have a five-year term with an additional five-year term upon mutual consent of the parties. 558 CITY’S OBLIGATIONS •To provide access to the facility for authorized FSNC activities •A staff liaison to interface with FSNC •To assist with grant applications for joint funds for capital improvements and operation •In-house printing of brochures and flyers of up to 24,000 four- color ink pages per month •Conduct an annual walk-through to determine a work plan for maintenance and capital needs •Provide tree trimming, irrigation, lake and building maintenance, capital improvements, maintain the perimeter fence, •Provide facilities for meetings and events, depending on availability •Waive permit fees wherever feasible 559 FSNC OBLIGATIONS •To maintain a 501(c)(3) non-profit status and liability insurance, with the City as an additional insured •Perform maintenance of the facility including eradication of non- native plant species •Implement additional planting and watering of trees •Use fertilizer, pesticide, fungicide, and herbicide in compliance with all regulations •Obtain all necessary permits for improvements to the site •May sell items on site to support the FSNC •Responsible for weekly janitorial services •Renovation of the center based on the approved master plan 560 RECOMMENDED ACTIONS Based on the outstanding efforts of the FSNC to operate, maintain, and improve the Shipley Nature Center, staff recommends approval of this MOU. 561 Questions? 562 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-727 MEETING DATE:9/5/2023 REQUEST FOR SUCCESSOR AGENCY ACTION SUBMITTED TO:Honorable Chair and Board Members SUBMITTED BY:Al Zelinka, Executive Director VIA:Sunny Han, Chief Financial Officer PREPARED BY:Sunny Han, Chief Financial Officer Subject: Adopt Successor Agency Resolution No. 2023-03 approving an Amended Recognized Obligation Payment Schedule 23-24B for the FY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the Oversight Board and the State Department of Finance under California Health and Safety Code, Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS Statement of Issue: The Successor Agency is requested to approve the Amended Recognized Obligation Payment Schedule (ROPS) for the period January 1, 2024 through June 30, 2024. An approved ROPS must be submitted to the County of Orange Oversight Board by September 19, 2023, and then to the Department of Finance (DOF) by October 1, 2023. Financial Impact: The ROPS provides the County Auditor-Controller with the amount of the former Redevelopment Agency’s enforceable obligations for which the Successor Agency anticipates incurring expenditures. Once approved by DOF, the Successor Agency will be entitled to receive property tax revenue up to the amount of the DOF-approved enforceable obligations included in the Payment Schedule. The Amended ROPS requests an additional $10,000,000 in funds to support existing legally required enforceable obligations for FY 2023/24. Recommended Action: Adopt Successor Agency Resolution No. 2023-03, “A Resolution of The Successor Agency to the Redevelopment Agency of the City of Huntington Beach Approving an Amended Recognized Obligation Payment Schedule 23-24B for the FY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the Oversight Board and the State Department of Finance under California Health and Safety Code, Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS.” Alternative Action(s): City of Huntington Beach Printed on 8/31/2023Page 1 of 3 powered by Legistar™563 File #:23-727 MEETING DATE:9/5/2023 Do not approve the recommended action(s) and direct staff accordingly. Per Health and Safety Code Section 34177.7 (o)(1)(E), the Successor Agency may submit an amendment to the annual submitted ROPS to the Countywide Oversight Board and the Department of Finance no later than October 1 st for the period under review. Analysis: As part of the 2011 Budget Act, as recommended by then Governor Jerry Brown, Legislature approved the dissolution of the State’s Redevelopment Agencies. After litigation, the California Supreme Court’s ruled on the Dissolution Act that all redevelopment agencies in California were dissolved effective February 1, 2012. The Dissolution Act, AB 1484, and related legislation describe the procedures to wind-down the affairs of the former redevelopment agencies. These provisions include the continued payment of recognized enforceable obligations as defined in the law. SB 107 modified the ROPS process and established an annual ROPS starting with ROPS 16-17 and provides for a one time amendment to annual ROPS. The ROPS is “the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177.” The amendment to ROPS 23-24 covering the B period of January 1, 2024 to June 30, 2024, and the Amended ROPS 23-24B must be submitted to the DOF no later than October 1, 2023 . The amended ROPS adds a request for funds in the amount of $10,000,000 to repay a portion of monies owed to the City to the former Redevelopment Agency for the purchase of real property in the Fiscal Year 1988-89. This loan was approved as an enforceable obligation by the California Superior Court on February 17, 2023. The total amount of the loan as of June 30, 2023 is $30,464,000, comprised of $22,400,000 in principal and $8,064,000 in accrued interest at the three percent interest rate permitted by Health and Safety Code Section 34191.4(3). The County Oversight Board and DOF has the authority to review the ROPS and return it to the Successor Agency for reconsideration and modification, or to disallow payment for a listed obligation. The County Oversight Board will review and approve the City’s amended ROPS during its September 19, 2023 meeting. The City must submit the amendment to the State DOF by October 1, 2023. The State DOF will make its determination by April 15th. The City’s ROPS will not be effective until approved by the State DOF. Environmental Status: Not applicable Strategic Plan Goal: Community Engagement Infrastructure and Parks Financial Sustainability, Public Safety or Other Attachment(s): 1. Resolution No. 2023-03, “A Resolution of The Successor Agency to the Redevelopment City of Huntington Beach Printed on 8/31/2023Page 2 of 3 powered by Legistar™564 File #:23-727 MEETING DATE:9/5/2023 Agency of the City of Huntington Beach Approving an Amended Recognized Obligation Payment Schedule 23-24B for the FY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the Oversight Board and the State Department of Finance under California Health and Safety Code, Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS.” 2. PowerPoint Presentation City of Huntington Beach Printed on 8/31/2023Page 3 of 3 powered by Legistar™565 566 RESOLUTION NO. 2023-03 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDED RECOGNIZED PAYMENT OBLIGATION SCHEDULE 23-24B FOR THE FY 2023-24 FISCAL PERIOD OF JANUARY 1, 2024 TO JUNE 30, 2024, SUBJECT TO SUBMITTAL TO, AND REVIEW BY THE OVERSIGHT BOARD AND THE STATE DEPARTMENT OF FINANCE UNDER CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART 1.85; AND, AUTHORIZING THE POSTING AND TRANSMITTAL OF THE ROPS WHEREAS, the former Huntington Beach Redevelopment Agency ("Former Agency") previously was a community redevelopment agency that was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and previously authorized to transact business and exercise powers of a redevelopment agency pursuant to action of the City Council of the City of Huntington Beach ("City"); and WHEREAS, Assembly Bill xl 26 added Paiis 1.8 and 1.85 to Division 24 of the California Health and Safety Code, which caused the dissolution of all redevelopment agencies and wind down of the affairs of former agencies, including as such laws were amended by Assembly Bill 1484 and by other subsequent legislation ("Dissolution Law"); and WHEREAS, as of February 1, 2012 the Agency was dissolved pursuant to the Dissolution Law, and as a separate public entity, corporate and policy the Successor Agency to the Huntington Beach Redevelopment Agency ("Successor Agency") administers the enforcement obligations of the Former Agency and otherwise unwinds the Former Agency's affairs; all subject to the review and approval by an oversight board ("Oversight Board"); and WHEREAS, Section 34179 provides that the Oversight Board has fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of Part 1.85 of the Dissolution Law; and WHEREAS, Section 34177(m), 34177( o) and 34179 provide that each ROPS is submitted to, review and approved by the Successor Agency and then reviewed and approved by the Oversight Board final review and approval by the State Department of Finance ("DOF"); and WHEREAS, Section 34177( o )(1 )(E) of the Dissolution Law authorizes that"[ o ]nee per period, and no later than October 1, a successor agency may submit one amendment to the [ROPS] approved by the department pursuant to this subdivision, if the oversight board makes a finding that a revision is necessary for the payment of approved enforceable obligations during the second one-half of the [ROPS] period, which shall be defined as January 1 to June 30, inclusive. A successor agency may only amend the amount requested for payment of approved enforceable obligations. The revised [ROPS] shall be approved by the oversight board and submitted to the department by electronic means in a manner of the department's choosing. The department shall notify the successor agency and the county auditor-controller as to the outcome of the department's review at least 15 days before the date of the property tax distribution"; and 567 RESOLUTION NO. 2023-03 WHEREAS, pursuant to Sections 34179.6 and 34177(I)(2)(B), the Successor Agency is required to submit the ROPS to the DOF with copies to the County Administrative Officer, the County Auditor-Controller, and the State Controller's Office at the same time that the Successor Agency submits the ROPS to the Oversight Board for review; and WHEREAS, the Successor Agency has reviewed the draft Amended ROPS 23-24 B and desires to approve the Amended ROPS 23-24 Band to authorize the Successor Agency staff to transmit the Amended ROPS to the Oversight Board; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. SECTION 2. Pursuant to the Dissolution Law, the Successor Agency approves the Amended ROPS 23-24 B, which schedule is incorporated herein by this reference; provided however, that the Amended ROPS 23-24 Bis approved subject to transmittal of the Amended ROPS to the Oversight Board for review and approval with copies of the Amended ROPS to be sent concurrently to the DOF, the County Administrative Officer, the County Auditor-Controller, and the State Controller's Office. Fmiher, the Community and Economic Development Director, or her designee, in consultation with legal counsel, is hereby authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF, and changes, if any, will be reported back to the Successor Agency and the Oversight Board. SECTION 3. After approval by the Oversight Board, the Successor Agency authorizes transmittal of the approved Amended ROPS 23-24 B to the DOF, the County Administrative Officer, the County Auditor-Controller, and the State Controller's Office. SECTION 4. The Chief Finance Officer, or her designee, is directed to post this Resolution, including the Amended ROPS 23-24 B, on the City/Successor Agency website pursuant to the Dissolution Law. SECTION 5. The Secretary of the Successor Agency shall ce1iify to the adoption of this Resolution. II I I II II I I II II I II I II I II I I II 2 23-13370/317837 568 RESOLUTION NO . 2023-03 PASSED AND ADOPTED by the Successor Agency to the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 5th day of September 2024. Chairperson REVIEWED AND APPROVED: Executive Director APPROVED AS TO FORM: 3 23-13370/317837 569 RESOLUTION NO. 2023-03 EXHIBIT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 B FOR THE SIX-MONTH FISCAL PERIOD JANURY 1, 2024 TO JUNE 30, 2024 (attached) 4 23-13370/317837 570 Huntington Beach ROPS 2023-24 Amended Q..e1rul Requested Funding for Obligations A Obligations Funded as Follows (B+C+D) B Bond Proceeds C Reserve Balance D Other Funds Submiss ion E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) F RPTTF G Administrative RPTTF H Current Period Obligations (A+E) Authorized Requested Amounts Adjustments Amended Total 0 0 0 0 0 0 0 0 0 0 0 0 3,520,500 10,000,000 13,520,500 3,395,500 10,000,000 13,395,500 125,000 0 125,000 3,520,500 10,000,000 13,520,500 571 Huntington Beach ROPS 2023-24 Amended fu!JnmfilY. Qmil Filter ~ Export to Excel AIJTHORIZED AMOUNTS REQUESTED ADJUSTMENTS Total OUlstanding Bond Reserve Other Admln Total Bond Reserve Other Item/I Obligation Name Obtlgation Type Balance Proceeds Balance Fund s RPTTF RPTTF Authorized Proceeds Balance Funds TOTAL 3 1,792,D44 3,395,500 125,0 DD 3,520,500 ,· 3 ,. 4 Hyatt Regency Huntington Beach Project 2002 Tax Allocation Refunding Bonds 1999 Tax Allocation Refunding Bonds ~ 5 2002 Tax Allocation Refunding Bonds ,1" 1999 Tax Allocation Refunding Bonds ,.. 8 2002 Tax Allocalion Refunding Bonds _,-1999 Tax Allocalion Refunding Bonds , .. 12 ,· 14 ,· 15 ,I' 17 ,I' 21 Emerald Cove 2010 Series A Lease Revenue Refunding Bonds Strand Hotel and Mixed-Use Project, Parking & Infrastructure Strand Project Additional Parking Pacific City -Very low Income Units Abde lmudi Owner Participation Agreement/Rent Differential Agreement OPA/ODA/Construction Bonds Issued On or 2,575,000 Before12/31/10 Bonds Issued On or 1,190,000 Before 12/31/10 Fees 500 Fees 500 Fee s 1,600 Fees 1,600 Bonds Issued On or 6,837,845 Before 12/31/10 OPA/DDA/Construction 4,970,141 OPA/DDA/Construction 337,219 OPA/ODA/Construction OPA/DDA/Construction , .. 29 Bella Terra Parki ng Infrastructure Property Tax Sharing Agreement OPA/DDA/Construction 3,487,056 ; 30 ,· 50 , .. 64 ,· 76 ,· 78 ,. 79 ,· 90 Bella Terra Phase II Property Tax Sharing Agreement OPA/DDA/Construction 12,130,583 Enforcement of Successor Agency dissolution compliance and monitoring per AB 1X26 and AB 1484 Successor Agency Financial Statement Audit Admfn Costs Dis so lution Audits Waterfront Hyatt Project Manage ment Regency Hotel (Parcel Costs 5), Waterfront Hilton Hotel/Parcel C (Parcel 6 and 7) Waterfront Hyatt Project Management Regency Hotel (Parcel Costs 5), Waterfront Hilton Hotel/Parcel C (Parcel 6 and 7) Waterfront Hyatt Project Manage ment Regency Hotel (Parcel Costs 5), Waterfront Hilton Hotel/Parcel C (Pa rce l 6 and 7) Land Sale Eme rald Cove Unfunded CalPERS Pension Liabilities City/County Loan (Prior 06/28/11), Prop erty tran saction Unfunded Liabilities 250,000 10,000 19,50 0 19,50D 9,000 9,000 · 1,939,3 65 • 1,939,365 • 1,417,635 · 1,417,635 10,000 lD,000 RPTTF 10,0D0,000 Admfn Tota l RPTTF Adjusted 10,00D,000 Noles 572 Item# ,,. 91 ,,. 92 ; 93 ,,. 95 ; 96 ,,. 97 ,,. 98 ,,. 99 ,,. 100 ,,. 101 ✓ 102 Obligatlon Name Unfunded Supplemental Retirement Liabilities Unfunded OPEB Liabilities land Sale Emerald Cove Huntington Center Redevelopment Plan development Main-Pier Redevelopment Project Phase II Development of Downtown Main·Pier project area Third Block West commercial/residential project Second Block Alley and Street Improvement Project Strand Project Pierside Hotel/Retail/Parking structure Project Waterfront Commercial Master Site Plan Obligation Type Unfunded Liabilities Unfunded Liabilities City/County Loan (Prior 06/28/11 ), Property transaction City/County Loan (Prior 06/28/11 ). Property transaction City/County Loan (Prior 06/28/11 ), Property transaction City/County loan (Prior 06/28/11 ), Property transaction City/County loan (Prior 06/28/11 ), Property transaction City/County Loan (Prior 06/28/11), Property transaction City/County Loan (Prior 06/28/11 ), Property transaction City/County loan (Prior 06/28/11 ), Property transaction City/County Loan (Prior 06/28/11 ), Property transaction ;"' 103 strand Project City/County Loan (Prior 06/28/11), Property transaction Jf 104 Operative Agreement City/County Loan (Prior for the Huntington 06/28/11}, Other Beach Redevelopment Project AUTHORIZED AMOUITTS REQUESTED ADJUSTMENTS Total Outstanding Bond Reserve Other Admin Total Bond Reserve other Balance Proceeds Balance Funds RPTTF RPTTF Authorized Proceeds Balance Funds RPTTF -10,000,000 Admin Total RPTTF Adjusted Notes ~ 10,000,000 Approved as an enforceable obligation by DOF in letter dated 05/19/2023. Amended Recognized Obligation Payment Schedule (ROPS) FY 2023-24 City Council Meeting September 5, 2023 1573 '(\\\~11NGro ~ \~e,oRPORAito '1' <9 -=--=---~=-~~-;-~ c-> --~--..:::----....... ........___----...a-- ~ --=------~ ---=------~ -~ Recognized Obligation Payment Schedule (ROPS) •The California Supreme Court ruled on the Dissolution Act (AB 1484) to dissolve all Redevelopment Agencies (RDAs) in California effective February 1, 2012. •AB 1484 established procedures for payment of legally enforceable obligation of the former RDAs by establishing Successor Agencies (SAs) through the annual submission of the ROPS to the State Department of Finance (DOF). •SB 107 modified the ROPS process and established an annual ROPS starting with ROPS 16-17 and provides for a one time amendment to annual ROPS. •The Amended ROPS adds a request for $10M to repay a portion of monies owed to the City from the former RDA for the purchase of real property. The DOF is ordered to make this payment through a judgment issued by the California Supreme Court on February 17, 2023. •The total amount of the loan as of June 30, 2023 is $30,464,000, comprised of $22,400,000 in principal and $8,064,000 in accrued interest at the three percent interest rate permitted by Health and Safety Code Section 34191.4(3). 2574 Recommended Action 1.Adopt Resolution No. 2023-01, Resolution No. 2023-03, “A Resolution of The Successor Agency to the Redevelopment Agency of the City Of Huntington Beach Approving an Amended Recognized Obligation Payment Schedule 23- 24B for the FY 2023-24 Fiscal Period of January 1, 2024 to June 30, 2024, Subject to Submittal to, and Review by the Oversight Board and the State Department of Finance under California Health and Safety Code, Division 24, Part 1.85; and, Authorizing the Posting and Transmittal of the ROPS.” Per Health and Safety Code Section 34177.7 (o)(1)(E), the Successor Agency may submit an amendment to the annual submitted ROPS to the Countywide Oversight Board and the Department of Finance no later than October 1st for the period under review. 3575 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-726 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Michael E. Gates, City Attorney Sunny Han, Chief Financial Officer PREPARED BY:Michael E. Gates, City Attorney Subject: Authorize the Appropriation and Transfer of $3,650,000 of Litigation Reserves and $181,000 of FY 2023/24 General Fund Available Surplus to the General Liability Fund to fund the payment of attorney’s fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the State of California Statement of Issue: Authorization to appropriate and transfer $3,650,000 of Litigation Reserves and $181,000 of General Fund FY 2023/24 Available Surplus to the General Liability Fund is requested to fund the payment of attorney’s fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. The State of California. Financial Impact: The fiscal impact includes a General Fund (100) budget appropriation of $3,831,000 and transfer to the General Liability Fund (552) for the payment of attorney’s fees. $3,650,000 will come from the General Fund Litigation Reserve and the remaining $181,000 from the General Fund FY 2023/24 available surplus. Recommended Action: Approve the appropriation and transfer of $3,831,000 from the General Fund to the General Liability Fund business unit no. 55240101 to fund the payment of attorney’s fees for Kennedy Commission v. City of Huntington Beach and City of Huntington Beach v. the State of California. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Denial of this request would result in the accrual of interest and noncompliance with a legal judgment. City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™576 File #:23-726 MEETING DATE:9/5/2023 Analysis: The Kennedy Commission lawsuit was filed in July 2015 alleging the City's Beach Edinger Corridors Specific Plan (BECSP) amendments of May 2015 were in violation of California’s Housing Element laws. The case was tried in Superior Court, with an initial decision in favor of the Plaintiff. The City appealed the trial court decision and prevailed upon appeal. The Supreme Court denied review, which operated to uphold the Court of Appeal’s decision in favor of the City. There were also two other legal disputes in the case that, upon Appeal, resulted in wins for the City. In total, the City prevailed in each of the three Appeals in this case; the City has not lost any judicial determinations on the merits of the challenges brought by Kennedy Commission over the City's May 2015 BECSP Amendments. In February 2020, the City adopted a revised Housing Element in order to become eligible for State SB 2 funding in order to address the homeless crisis in the City. Because of the City's SB 2 eligibility, the City has received over $1,000,000 from the State in SB 2 funds. In response, the Kennedy Commission requested its remaining claims against the City be dismissed and filed a motion for attorney’s fees. In July 2021, the Superior Court awarded the Kennedy Commission $3.5 million in attorney’s fees based on the "Catalyst Theory," i.e., that even though the Kennedy Commission never won a legal battle in this case, its lawsuit presumably "caused" the City to update its Housing Element in 2020. This decision too was appealed. The appeal was denied in July 2023. The FY 2023/24 Budget was adopted by City Council on June 26, 2023, for the fiscal year beginning July 1, 2023. The existing budget appropriation in the Self Insurance General Liability business unit (55240101) is insufficient to fund the $3,831,000 payment of attorney’s fees awarded for Kennedy Commission vs. City of Huntington Beach and City of Huntington Beach vs. The State of California. $3,650,000 is available in the General Fund Litigation Reserve to fund this request. Sufficient General Fund revenues are available to fund the balance of the request of $181,000. Corresponding appropriations of $3,831,000 in the Self Insurance General Liability business unit (55240101) is also requested to pay the judgment, which is offset with a transfer in from the General Fund. Environmental Status: Not applicable Strategic Plan Goal: Economic Development & Housing Fiscal Sustainability, Public Safety and other Attachment(s): None. City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™577 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-687 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:John Martin, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid, and authorize execution of a construction contract with Elegant Construction Inc. in the amount of $1,680,000.00 for the Police Department Communications Center Renovation Project, CC-1677 Statement of Issue: On July 27, 2023, bids were opened for the Police Department (PD) Communications Center Renovation Project, CC-1677. City Council action is requested to award the construction contract to Elegant Construction Inc. (Elegant), the lowest responsive and responsible bidder. Financial Impact: The contract award amount to Elegant is $1,680,000. The total cost of the project, including the contract award, contingency and supplemental costs, is $2,036,000. Funds for the project are available in FY 2022/23 carry over funds in the PD Development Fund account 22770103.82200 ($626,030) and Infrastructure Fund accounts 31487004.82200 ($1,390,005) and 31440006.82200 ($19,965). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Elegant Construction Inc. in the amount of $1,680,000; and B) Authorize the Director of Public Works to execute change orders not to exceed 20% of the contract costs, or $336,000. Alternative Action(s): Do not accept the recommended action, and direct staff accordingly. Analysis: City of Huntington Beach Printed on 8/31/2023Page 1 of 3 powered by Legistar™578 File #:23-687 MEETING DATE:9/5/2023 The existing PD communications center and lower level support offices were designed and constructed in 1971 and are in need of improvements. The communications area houses the 911 phone and radio dispatch operations, which consists of ten positions. While currently functional, the center needs to expand to fourteen positions in order to support modern policing needs, as well as the multiple special events that occur in Huntington Beach each year. Additionally, the dispatch position work stations are in disrepair and no longer supported by the manufacturer. Existing carpet is at end of life, and data network, electrical, and HVAC systems all require modernization as well. Due to this modernization and expansion effort, the adjacent support group offices, including the Watch Commander, Sergeant’s Office, Report Writing, Property Supervisor, Drone Office, and Communication Supervisor Offices, must be repositioned and renovated. The new communications center and adjacent offices will be upgraded with steel-studded drywall and also include new carpet tile, ceiling tile, HVAC, lighting upgrades, and modern data networking systems. During construction, the communications center will be relocated offsite to the former dispatch center at the Gothard Fire Joint Powers Authority training center. This temporary center will be retrofitted to accommodate 911 operations during the construction period and will serve as a future back-up center after the renovated center is completed. The engineer’s estimate for this project was $2,127,000. Bids for the project were opened on July 27, 2023 and are listed in ascending order below: Bidder Submitted Bid 1 RT Contractor Corp.(non-responsive)$1,397,574.00 2 RBA Builders, Inc.(non-responsive)$1,484,877.00 3 Elegant Construction Inc.$1,680,000.00 4 Optima RPM Inc.$1,796,532.00 5 JR Universal Construction, Inc.$1,846,438.00 6 Tovey Shultz Construction, Inc.$1,902,247.00 7 Armstrong Cal Builders Inc.$1,957,870.00 8 Faris Construction Company $1,965,000.00 9 PCN3, Inc.$2,134,557.00 10 Kazoni Inc $2,338,300.00 11 MLC Constructors $2,452,775.00 12 Modern General Contractor Inc.$2,797,000.00 13 Nationwide Contracting Services, Inc $3,055,850.00 The first two bids, submitted by RT Contractor Corp and RBA Builders, Inc, were deemed non- responsive because the bidders exceeded the maximum subcontracting percentage of 50% of their total bid. This resulted in Elegant being the lowest responsive and responsible bidder. City staff conducted a reference check on Elegant and received satisfactory reviews of their past performance on similar scale tenant improvement building projects. Therefore, staff recommends awarding a City of Huntington Beach Printed on 8/31/2023Page 2 of 3 powered by Legistar™579 File #:23-687 MEETING DATE:9/5/2023 contract to Elegant in the amount of $1,680,000.00. The total project cost is $2,036,000.00, which includes the construction contract of $1,680,000.00 plus a twenty-percent (20%) construction contingency and $20,000.00 for project supplemental costs. Construction Contract $1,680,000 20% Contingency $336,000 Supplemental Costs $20,000 Total Construction Costs $2,036,000 Sufficient funds are currently budgeted and available for this project. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303.c. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity / Location Map 2. Project Overview Presentation City of Huntington Beach Printed on 8/31/2023Page 3 of 3 powered by Legistar™580 Police Department (PD) Communications Center Renovation Project Overview September 5, 2023 581 BACKGROUND • Existing Communications Center is located on the lower level of the Civic Center Police Station. • Currently has ten positions, eight in main center and two on opposite side of south concrete wall. • Current center is approximately 690 square feet, constructed in the 1970s, has received minor upgrades over time. • Finishes are at the end of useful life and need replacement. • Work stations are no longer supported by manufacturer. 582 ~~-nnlMWA.11'DRtltta,mm,nord (t)P11..-t!CIUltCl:IIOl>Uil.to •-o ... !l!IU-4" --..-.-11ou0t(tt n.a!lft1Dt-1' ~~""::'"~':..."-":~~ (t)flO.-..rt.....:iwM P_S_M(l....00.,.rt!II CIOCtilO ■-llfflt!Ri,m,fn (t) __ ....,.l'D ___ ,._e,l'l- =i~=:.:.o-::ii:.:r, ~ ---·--··-- ~ ---fp- (') COMMUNICATIOHS EQUI P. RM . ~ 1 LOWER LE V EL DEMO. FL OOR PLAN l/16"•1'-0 " BUI LDING EXISTING TO REMA IN NOTES· (l'J nci..taa ro -=~=,=:-~.': .. ~= ~~~~~~~:;io~'" .IOW:llff-..S(llo-lUJl<.O.) ~-.e,u..._Q)l(Nn~l'D.....,,,..,..a,..::,111 -Ul>fl'°"'YMUISl'D_-.cTM __ ..., CUS..Ca:.d"ILCDOll.111)--ta:Jtlcm.cw Clll.allll-Mill,U.lil.0.91E-.J0--=--:'i:s~mtw<.l-~0r-mT BACKGROUND • Many of the current offices consist of temporary partition walls. • Flooring, ceiling tiles, electrical systems, and data network systems need modernization. • Support offices will be displaced by expanded center, need to be repositioned and renovated. • Work groups affected include Watch Commander, Sergeant Office, Report Writing, Property Supervisor, Drone Office, and Communication Supervisor 583 '1i1ffi' @)-; _c.c.c.c.c.c.-_c.c.c.c.-_c.c.c.-±c.c.,tfi~ r====r-,:,=======±j===1 =.:,===\ rr========t'r~···~ - @DJ _..il (§---1 --,, l.1:.====T=:=- CDM.OPl'ta ii Ii , (f) ~ (1)-0ffla !i rr .,I ___ 1---=--=-J! ike>I I -------r ~! II " il ~tff!a :: t=£ ~=---lll ----= , -IJll]·tOC-::::-7 ~: -- l'Cl-oCTM OH'IO' --- ----=~ P> BUILDING DEMOLITION NOT ES (0)-'ICI\M...,._fO•-.. IOLr..,- --"--.-..O:,,•...ct(tltlMS'lt-- ~""::"~1;:.~~~ (t) ___ ..... , __ _ -,0·-·-·_,., ~---10•---... -(1)-........ , ... s ..... -.10 .. -.. rrsnnwrr _,,.,.CPl~-tO •---___ , .. _ _.._ NEED/WHY/BENEFITS • Unified and expanded dispatch center that supports all communications operations. Increase from ten to fourteen work stations to support daily policing needs and large community/specific events. • Dispatch work stations and equipment need to be replaced. • Adjacent and supporting offices need to be renovated due to end of life carpeting, ceiling tiles, HVAC, and data network systems. 584 LOWER LEVEL & COMMUNICATIONS CENTER LAYOUT 585 BUILDING DEMOLITIO N NOT ES: (E) ,OWY. POU TO IIE l!'MOV'm (El COMMUNICATIONS EQLn P, RM . [B2 07] LO WER LE VEL FURN PLAN -PH. 1 BUILDI NG CONSTRUCTION NO (M)llAI.Tll'lfCRJMl'COOERWOllKSlATlONCE.SK,M StfMA!ilJ'o\CTURllOIU.WD«l"PN'.:UIGl!!roRMOA.E DETAILS Expanded Communications Center Layout Updated Communications Work Station Optimized Watch Commander Work Station 586 COMMUNITY OUTREACH • This project will not have an impact on the surrounding community during construction. • Stakeholders from the Huntington Beach Police Department, Public Works Department, Information Services Department, County of Orange and third- party 911 support services have been and will continue to be consulted with throughout the course of the project. 587 FUNDING/SCHEDULE FUNDING: • Construction Cost: $2,036,000.00 • PD Development Fund account: 22770103.82200 • Infrastructure Fund accounts: 31487004.82200 31440006.82200 SCHEDULE: • June 29, 2023 – Bid project • July 27, 2023 – Open bids • September 5, 2023 – Award contract • October 23, 2023 – Begin construction • June 21, 2024 – Complete construction 588 Questions? 589 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-699 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:Ken Dills, Public Works Administrative Services Manager Subject: Approve Amendment No. 1 to an Agreement with KOA Corporation for On-call Grant Writing and Administrative Consulting Services and Approve an Appropriation of $50,000 Statement of Issue: On July 20, 2021, the City approved a 3-year agreement with KOA Corporation (KOA) for on-call grant writing and administration services. This contract has a not-to-exceed limit of $250,000 of which $246,420 has been spent on services related to the Local Roadway Safety Plan (LRSP) grant program and other traffic programs. Staff is seeking a one-year extension and a $50,000 increase to the contract not-to-exceed amount to continue this work and address the upcoming Safe Streets and Roads for All (SS4A) federal grant program, which is anticipated to open in Spring 2024. Financial Impact: Staff is requesting an appropriation of $50,000 from the Traffic Congestion Relief Prop 42 fund balance to account no. 21985201.69365. Recommended Action: A) Approve Amendment No. 1 to the agreement with KOA Corporation for on-call grant writing and administrative consulting services, extending the term by one year and increasing the not-to-exceed agreement amount by $50,000; and B) Appropriate $50,000 from the undesignated Traffic Congestion Relief Prop 42 fund balance to Account 21985201.69365 Alternative Action(s): Do not approve the amendment and direct staff accordingly. Alternate direction may include issuing a Request for Proposals to identify another firm. Analysis: City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™590 File #:23-699 MEETING DATE:9/5/2023 On July 20, 2021, the City entered into agreements with a number of consultants for on-call grant writing and administrative services. Since then, KOA worked with the City by developing the Local Roadway Safety Plan (LRSP) and obtaining grant funding for the same KOA has extensive experience in securing grant awards for Federal and State transportation grants and recently secured $670,000 from the Highway Safety Improvement Program (HSIP) through Caltrans for the Edinger and Heil Corridor Improvements. The contract has a not-to-exceed amount of $250,000. To date , KOA has billed $246,420,primarily to conduct feasibility and traffic studies in order to qualify for funding such as HSIP; nominal costs were incurred to prepare and obtain HSIP grant funds. The amendment to KOA’s contract will enable the City to pursue funding opportunities through the Department of Transportation’s Safe Streets and Roads for All (SS4A) grant program. The SS4A program contains $5 billion in funding to support safety improvements and was apportioned through the Bipartisan Infrastructure Law. The SS4A notice of funding opportunity is scheduled to open in Spring 2024. To be SS4A action plan compliant, additional work on the LRSP is required. Specifically, KOA will update the LRSP project list and strategies to ensure they meet the SS4A self- certification checklist and prepare the SS4A action plan. KOA’s agreement with the City is set to expire in July of 2024. For continuity, staff is seeking a contract increase of $50,000 and a one-year extension to the agreement for a revised not-to-exceed amount of $300,000. 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: Infrastructure & Parks Attachment(s): 1. Amendment No. 1 to Agreement between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services 2. PowerPoint Presentation City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™591 592 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KOA CORPORATION FOR ON-CALL GRANT WR1TING AND ADMINISTRATIVE CONSULTING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter refened to as "City," and KOA CORPORATION, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated July 20, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: I. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City futiher agrees to pay Consultant an additional sum not to exceed Fifty Thousand Dollars ($50,000.00). The additional sum shall be added to the original sum of Two Hundred Fifty Thousand Dollars ($250,000.00), for a new contract amount not to exceed Three Hundred Thousand Dollars ($300,000.00). 23-13152/314561 593 2 . TERM The term of the Agreement is extended for one additional y ear until July 19, 2025. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2023. KOA CORPORATION By: __________ _ print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: (circle one) Chai1man/President/Vice President Mayor AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer 23-13 152/3 1456 I City Clerk -A-P-PR_O_VE_~ D_A_S_T_O_F_O_RM--: __ U_Q{ City Attorney 2 594 2. TERM The term of the Agreement is extended for one additional year until July 19, 2025. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the paities hereto have caused this Agreement to be executed by and through their authorized officers on _________ , 2023. KOA CORPORATION ~2!&u By: ___ _.;:_t?_· _______ _ Min Zhou print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: (c ircle one) Chairman/Pres identNice President Mayor AND By:_--='--=,;;..:Z::....c~=-.:,...:"-.. ~ __ ~ ______ _ Jim Doyna prin t name ITS : (circle one) Secretary/C hie f Financ ial Officer/ Asst. Secretary -Treasurer 23-13152/3 1456 1 City Clerk I:z=VED • ~()4-~ Director of Public Works _AP_P_R_O_V_E_D_A_S_T_O_F_O_RM_: __ CQ;( City Attorney 2 Approve Amendment No.1 to Agreement with KOA Corporation September 5, 2023 595 Background • July 20, 2021 – Council approves 3-year on-call agreement with KOA for grant writing and administration • Not-to-exceed $250,000 • KOA assisted with: • Local Roadway Safety Plan (LRSP) • Highway Safety Improvement Program (HSIP) • Total billed to date - $246,420 • Additional work - Safe Streets and Roads for All (SS4A) funding through the USDOT 596 Actions • Recommended Action • Approve Amendment No. 1 extending the contract by one year and increasing the not-to-exceed by $50,000 for a total not-to-exceed of $300,000 • Appropriate $50,000 from the Prop 42 (219) fund balance • Alternative Action • Do not approve the amendment and instruct staff to utilize another on-call consulting service 597 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-701 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:Steven Bogart, Senior Civil Engineer Subject: Approve the Execution of a Subdivision Agreement with NASH - Holland 18750 Delaware Investors, LLC and Accept Securities for the 18750 Delaware Residential Project Statement of Issue: A Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC (owner/developer) and the related securities are presented to City Council for approval, execution and acceptance with respect to the 18750 Delaware residential project located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building (See Attachment 5 for Location Map). Financial Impact:Funding is not required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute and record a Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC to construct public improvements for the 18750 Delaware residential project (Attachment 1); authorize the City Clerk to record the agreement; and B) Accept the Faithful Performance Bond No. DVHNSU0832094 (Attachment 2), Labor and Material Bond No. DVHNSU0832094 (Attachment 3) and Monument Bond No. DVHNSU0832094 (Attachment 4), the securities furnished for installation of the required public improvements; and, C) Instruct the City Clerk to file the bonds with the City Treasurer. Alternative Action(s): Do not authorize execution of Subdivision Agreement between the City and NASH - Holland 18750 Delaware Investors, LLC for the 18750 Delaware residential project, with findings for denial, and City of Huntington Beach Printed on 8/31/2023Page 1 of 3 powered by Legistar™598 File #:23-701 MEETING DATE:9/5/2023 direct staff accordingly. Without this Agreement, the developer would be unable to satisfy the project’s Conditions of Approval. Analysis: On May 6, 2022, the Director of Community Development conditionally approved Tentative Parcel Map No. 22-106, authorizing a four-parcel consolidation for the construction of a 346-unit residential apartment complex, located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building at 18800 Delaware Street. A draft of the project’s final parcel map is attached for reference (Attachment 6). Pursuant to the project’s Conditions of Approval, since the Final Parcel Map is proposed to be recorded with the County of Orange prior to the Developer constructing all required public improvements (i.e., new curb, gutter, sidewalk, new section of public storm drain pipeline and connections), a Subdivision Agreement and accompanying bonds from the Developer are being submitted as sureties to ensure their construction obligations in accordance with the State’s Subdivision Map Act and prior to the City signing off on final inspections.Both the Subdivision Agreement and bonds have been approved as to form by the City Attorney’s Office. The attached Faithful Performance Bond, Labor and Material Bond, and Monument Bond are being provided as securities for the installation of the required public improvements. The required bond amounts are: Faithful Performance $1,472,502 Labor and Materials $713,751 Monument $5,000 Project data Developer: Holland Partner Group (Attn: Tom Warren) 5000 E. Spring Street, Suite 500, Long Beach, CA 90815 Engineer: David Evans and Associates, Inc. 25152 Springfield Court, Suite 350, Santa Clarita, CA 91355 Surety: HARCO NATIONAL INSURANCE COMPANY, 330 N Brand Boulevard, Suite 700, Glendale, CA 91203 (Amanda Garcia 213-337-4615) Location: 18750 Delaware Street (south of Main Street, between Delaware Street and Florida Street) Zone: Beach and Edinger Corridors Specific Plan (SP14) No. of Acres: 4.019 acres No. of Lots: 1 numbered Public Works Commission Action: Not applicable for this request Environmental Status: The recommended actions are categorically exempt from the California Environmental Quality Act,City of Huntington Beach Printed on 8/31/2023Page 2 of 3 powered by Legistar™599 File #:23-701 MEETING DATE:9/5/2023 The recommended actions are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501. Strategic Plan Goal: Economic Development & Housing Attachment(s): 1.Subdivision Agreement by and between the City of Huntington Beach and NASH - Holland 18750 Delaware Investors, LLC 2. Faithful Performance Bond No. DVHNSU0832094 3. Labor and Material Bond No. DVHNSU0832094 4. Monument Bond No. DVHNSU0832094 5. Location Map 6. Draft Parcel Map No. 2022-106 7. Presentation City of Huntington Beach Printed on 8/31/2023Page 3 of 3 powered by Legistar™600 601 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND t\/At2l--l -tlo.llgo,1 \½"709 De \mdftlt-J:twYd-cM µ.t FOR PARCEL MAP NO. 2022-106 THIS AGREEMENT ("Agreement") is entered into this ______ day of 20_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NASH-Holland 18750 Delaware Investors, LLC, a Delaware limited liability company, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a parcel of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the parcel of land known as Parcel Map No. 2022-106; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain portions of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one ( 1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and g/agree/ surfhet/subdivision 1 of 13 602 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said parcel required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before three (3) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. g/agree/ surfhet/subdivision 2 of 13 603 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (I) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (I) year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (I) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/ surfuet/subdivision 3 of 13 604 6. NOW AIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: g/agree/ surfnet/subdivision For performance security, in the amount of One million four hundred twenty-seven thousand five hundred two Dollars ($1,427,502.00), which is one hundred percent ( I 00%) of the estimated cost of the 4 ofl3 605 Work. SUBDIVIDER shall present such additional security in the form of: __ Cash, certified check, or cashier's check. X Acceptable corporate surety bond. __ Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the Work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Seven hundred thirteen thousand seven hundred fifty-one Dollars ($713,751.00), which is fifty percent (50%) of the estimated cost of the Work. SUBDIVIDER shall present such security in the form of: __ Cash, certified check, or cashier's check. X Acceptable corporate surety bond. __ Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing g/agree/ surfuet/subdivision 5 of 13 606 by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER 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) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. 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 SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify g/agree/ surfuet/subdivision 6 of 13 607 SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. g/agree/ surfuet/subdivision 7 of 13 608 The requirement for carrymg the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by g/agree/ surfuet/subdivision 8 of 13 609 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 SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 15. CONSENT TO SUBDIVIDER: NASH -Holland 18750 Delaware Investors, LLC c/o Holland Partner Group 808 Washington Street, Suite 500 Vancouver, WA 98660 Email: notices @hollandpartnergroup .com WITH COPIES TO: Holland Partner Group 5000 E. Spring Street, Suite 500 Long Beach, CA 90815 Attn: Tom Warren Email: twarren@hollandpartnergoup.com Oregon Law Group, P.C. 1675 SW Marlow Avenue Suite 404 Portland, OR 97225 Attn: Chris Riha 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. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. g/agree/ surfnet/subdivision 9 of 13 610 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which 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. g/agree/ surfuet/subdivision 10 of 13 611 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance of subdivider 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. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER 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. SUBDIVIDER 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 SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. g/agree/ surfuet/subdivision 11 of 13 612 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. 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. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. g/agree/ surfnet/subdivision 12 of 13 613 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDNIDER, SUBDIVIDER NASH-HOLLAND 18750 Delaware Investors, LLC, a Delaware limited liability company By: RPG 18750 Delaware, LLC, a Washington limited liability company, its Operating Member By: Holland Partner Group Management, Inc., a Delaware corporation its Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor PROVED: ? __.. REVIEWED AND APPROVED: B;-~vz .c:::::::'::--- Name: Tom Warren Title: President of Development Division City Manager g/agree/ s urfnet/subdivision 13 of 13 614 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 L A 1 County of os nge es ) On July 6, 2023 before me, Lisa Estrada McGuire, Notary Public, (insert name and title of the officer) personally appeared Thomas D. Warren 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. 1•• ca o mess a LISA ESTIUOA MCGUIRE : Notary Public -Callfornia f i] Los Angeles Counfy r: Commission# 2432138 - ~ M~ Coll"rr. Ex:,ires Jan !9, 2027 ' (Seal) 615 FAITHFUL PERFORMANCE BOND BOND NO. DVHNSU0832094 PREMIUM $15,703.00 WHEREAS, the City Council of the City of Huntington Beach, State of California, and NASH-Holland 18750 Delaware Investors, LLC (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated, ________ ~ , , 18750 Delaware Apartments 20 __ , and identified as proJect (PM 2022-1osi , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor, we, the principal and Harco National Insurance Company _, as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the p&nal sum of One Million Four Hundred TwentyMSeven Thousand Five Hundred Two and 00/100 dollars ($,_:_1 ,c.:,42::,:7_,e,5,::0=2·:.:.00:__ __ __J lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then thi~ obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F AITHFULL PERFORMANCE BOND FM. 616 The surety hereby stipulates and agrees that no charge , extension of time , alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifica ti ons accompanying the same shall in anywise affect its obligations on this bond , and it does hereby waive notice of any change , extension of time , alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named , on ___ F_e_b_r_u_a"""'ry_1_6 __________ , 20 23 NASH-Holland 18750 Delaware Investors, LLC , as Pr incipal By d) (I By GEOR GE £"LUrv1 M Al\l AG( l'l C, D ( l<E: C,ll) rt I DE\/ELD ~ M E.)-JT Harco National Insurance Company , as Surety By c0.~-u~ By Kelli E . ~ ~rt~, Attorn ey-in-Fa ct APPR OVED AS TO FORM By: MI CHAEL E. GATES (:: I J CITY ATTORN EY C VI CITY OF HUNTINGTON BEA FAITHFULL PERFORMANCE BOND FM . 617 STATE OF CALIFORNIA ) ) ss COUNTY OF 9-R-AN~E ) LO.S f\,JG.6"Lf.S ON MA\\(',\,\ 14 1 ~0~3 , BEFORE ME, jOS\\ ,Seo,, 5, M P.5o N , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED C"' GO~GG £L.u H , PROVED TO ME ON THE BAS!} OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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. SIGNATURE.-~c:::;.._-----~-------------- SEAL Colorado STATE OF~ ) Denver ) SS COUNTY OF~ ) JOSH SCOTT SIMPSON COMM. #2403533 z Notary Public -California ~ Orange County ... 'v"'!lliil~✓ M Comm. Ex ires June 3, 2026 ON February 16, 2023 , BEFORE ME, Angelica Chavez NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED .... -.. ,A Kelli E . Housworth , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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($) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LA\l'J S OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE ______ ~&i----_/ ______ _ SEAL FAITHFULL P ERFORMANCE BOND FM . ANGELICA CHAVEZ NOTARY PU B LIC STATE OF COLORADO NOTARY ID 20154040394 fllY COMMISC.IOI·~ iXr'IRg~ ocr 14, 2023 618 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond# DVHNSU0832094 Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JOHN BROWNING, THOMAS F. MCCOY JR, KELLIE. HOUSWORTH, SHEILA J. MONTOYA, SUSAN J. LATTARULO, JUSTIN TOMLIN Denver, CO their true and lawful attomey(s)-in-fact to exer:JJh::, seaJ and deliver for and on its behalf as surety, any and all bor.1!'. and .t1;:Jertakings, contracts of indemnity and other writings obligatory in the ni.iture thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duty held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporatfon may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman STATE OF ILLINOIS County of Cook Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby calify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as sel forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 16, 2023 A00922 Irene Martins, Assistant Secretary 619 BOND NO. DVHNSU0832094 PREMIUM Included w/Performance Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and NASH-Holland 18750 Delaware Investors, LLC (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated ----~ 18750 Delaware Apartments (PM 20. __ ~ and identified as project _,2"'0"'22=---"10"'6~) ________ , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the Seven Hundred Thirteen Thousand Seven aforesaid Civil Code in the sum of Hundred Fifty One and 0/100 dollars ($,_7c_1c:3..c:,7c:5'-1..:.0·c:o..:.o _________ _,). for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. I 620 The surety hereby stipulates and agrees that no change , extension of time , alteration or addition to the terms of said agreement or the specifications accompanying the same shall in an y manner affect its obligation on this bond , and it does hereby waive notice of any such change , extension , alteration or addition . In witness whereof, this instrument has been fully executed by the principal and surety above named, on _Fe_b_ru_a_ry_16 ______ , 20_2_3 ____ _ _ N_A_S_H_-H_o_lla_n....,d_1_8_7_50_D_el_aw_a_r_e_ln_v_es_t_or_s_, L_L_c _____ , as Principal By_~--J~-it_--=~--- By _~i::r'\--~+-'<:~rhnb,_....,=-------- By ______ ~----------- 2 APPROVED AS TO FORM B : MICHAELE. GATES C C ITY ATTORNEY CITY OF HUNTINGTON BEAC Cy 621 STATE OF CALIFORNIA ) ) ss COUNTY OF ORA~J OE ) L.OS A~GEL.tl ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED G £0 ~G ~ £LUM , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS W HOSE NAME(S) IS/ ARE SUBSCRIBED TO THE WITHIN INS TRUMENT 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 ENTIT Y UPON BEH A LF OF W HICH 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. ~-----__-z~--SIGNATURE ~ _.-~-------------------- SEAL Colorado STATEOF~ ) Denver ) SS CO UNTY OF ~ ) JOSH SCOTT SIMPSON COMM. #2403533 z Notary Public • Callfomla ~ Orange County ... Comm. Ex ires June 3, 2026 O N February 16, 2023 , BEFORE ME, _A~ng~e_lica_Ch_a_ve_z __________ , A NOTA RY PUBLIC IN ANO FOR SAID STATE, PERS ONALLY APPEARED Kelli E . Housworth , PROVED TO ME ON THE BA.S l f- OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S) IS/ ARE SUBSCRIBED TO THE W ITHIN IN STRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY (I ES), 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 IN STRUMENT. I CERTIFY UNDER PENAL TY O F PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. W ITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE __________ --i~'----:,-~L _____ _ SEAL FAITHFULL PERF ORMANCE BOND FM .. doc ANGELICA CHAVEZJ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154040334 MY CQMM!SSION EY.Pi8!.'$ 0C7. 14, 2023 622 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond# DVHNSU0832094 Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JOHN BROWNING, THOMAS F. MCCOY JR, KELLIE. HOUSWORTH, SHEILA J. MONTOYA, SUSAN J. LATTARULO, JUSTIN TOMLIN Denver, CO their true and !awful attorney(sHn-fact to p.,·,:sute, seal and deliver for and on its behalf as surety, any and all .bond,:;,:c-:·:~ undertakings, contracts of indemnity and other writings obligatory in u-.. 1 nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President. Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valtd and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman STATE OF ILLINOIS County of Cook Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Sea!, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companias as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, f have hereunto set my hand on this day, February 16, 2023 A00922 Irene Martins, Assistant Secretary 623 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT NASH -Holland 18750 Delaware Investors, LLC p O..<'C..e.. \ BOND NO. DVHNSU0832094 PREMIUM Included W/Performance Bond as Subdivider of .._ No. 'l,o? 2 -\0'9 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said ___ N_A_S_H_-H_o_ll_an_d_1_8_7_so_o_el_aw_a_r_e_ln_v_e_st_or_s_, L_L_c _______ _ (Subdivider) as principal, and __ H_ar_c_o_N_at_io_n_a_l l_ns_u_ra_n_c_e_C_o_m_p_an...:.y _____________ _ as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of st :ing all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $_s_o_oo_.o_o ____ , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this _16_t_h __ da'( of _____ F_eb_r_ua_~ _________ ,20_2_3 __ _ _ B_:_A_S_Hl)_-H_o_ll_a~_d_1_L_7.,,;.50_D_el_aw_ar_e_ln_v_e_st_o_rs.;_,_ LL_C _______ _,_, as Principal Bv Geo9e El, JOl> tvllu:1a§ lkJ~ D iv:ectov I De.velopV11evd- By_-F~.A-1,,:::;,r.;+.p.,,.~~~-+-------- By ____ --+~'-------_,g,+.1.~~~---~-M 1 Q : - MICHA .-:L E. G.~TES [iC 1 CITY ATTORNEY G :\Engineering Division\DEVELOPMENT\Fonns\Bond Forms\Monument 16'11P'l'-'<!J,<Mt1NTINGTON BEAC 624 STATE OF CALIFORNIA ) ) ss COUNTY OF 0Rf<NG1= ) l-0.S ANG.EL I::> ON t,;'\ Pt 9'C \1 I Y . ~0~3 , BEFORE ME, Jo 5 \~ Sc. o TT .5 \ , ... q>so ,J A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED _____ _ (""' Go ~G~ fLllM AND ______________ _ PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO T HE WITH IN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT T H E PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED T HE INSTRUMENT. WITNESS MY HAND SIGNATURE ~~ NOTARY PUBLIC IN AND FOR SAID STATE PRINTED NAME Colora do STATE OF ~ ) De nv er ) SS COUNTYOF~) MY PRINCIPAL PLACE OF BUSI N ES~ 13 IN OR~~C"'c-COUN '"Y MY COMMISSION EXPIRES JIJ ~ e_ 3 ~O=>lo • J OSH♦ SCOTT SI MPSO N • l lb~~ COMM. #2403 533 z Not ary Publ ic -California ~ Oran ge Co unty ... M Comm. Ex ·res June 3, 2026 ON Fe bruary 16,2023 BEFORE ME Angelica Chavez ' '------------------' A NOTARY PUBLIC IN AND FOR SAID S T ATE, PERSONALLY APPEARED _____ _ Ke lli E. Housw o rth AND ----------------------------N/A _, PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BAS IS OF ST ATISFACT ... :.Y EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO T HE W !Tf:"!H'lt INSTRUMENT AND ACKNOWLEDGES T O ME THAT THEY EXECUTED THE SAME IN1 ·:HEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR T HE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND L S IGNATURE ~ NOTARY PUBLIC IN AN;erf"SAID STATE MY PRINCIPAL PLACE OF BUSIN E SS IS IN Denve r COUNTY Ange lica C h avez PRINTED NAME MY COMMISSION EXPIRES 10/14/2023 2 G :\Engin eering Division\DEVELOPMENl\Form s\Bond Forms\Monument Bond W ord .doc I•• 625 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond# DVHNSU0832094 Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JOHN BROWNING, THOMAS F. MCCOY JR, KELLIE. HOUSWORTH, SHEILA J. MONTOYA, SUSAN J. LATTARULO, JUSTIN TOMLIN Denver, CO their true and lawful attorney(s)-in-f;:ict to execute, seal and deliver for and on its behalf as surety, any and :::!!Lbo:,ds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys.in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman STATE OF ILLINOIS County of Cook Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, J have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By.Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 16, 2023 A00922 Irene Martins, Assistant Secretary 626 ---- -~. -----.l___JLJELJ::=-/ ...:::::::::---=--_____._I~ ,_ ~ ~ EL LIS AVE. Qt! ELLIS AVE. [J===i ,;-· .-----,11 11 I I LOCATION MAP ci ::j (I) :r ~ (I) ~ (I) :r ~ (I) 627 SHEET 3 OF 4 SHEETS CONTAINING 1 NUMBERED PARCEL GROSS AREA = 178,357 SQ FT/ 4.095 ACRES NET AREA = 175,055 SQ FT/ 4.019 ACRES DATE OF SURVEY: MARCH 2022 ALL OF TENTATIVE PARCEL MAP NO. 2022-106 (CITY OF HUNTINGTON BEACH TENTATIVE PARCEL MAP NO. ·I' co 1-ci ~ 30' ci I[) oz ~ ....J I-LL.U ::!!: n N ci 0 I") w ':.t N 0 p 0 0 z 14' 10' 4' 2022-002) PARCEL MAP NO. 2022-106 IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PORTIONS OF LOTS 6 & 7 IN BLOCK "G" OF TRACT NO. 7, AS PER MAP FILED IN BOOK 9, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DATE OF SURVEY: MARCH 2022 JOSEPH D. DEAL, L.S. 9276 ----IDENTICAL ----- BOUNDARY ESTABLISHMENT i o"\ \; 659.22' M 599.22' M 299.66' M (300.00' R1) 1 PARCEL 4.095 AC GROSS 4.019 AC NET .,...,, N ct:'. r-- Ol ~ N co ~ '--' .,...,, a:: in N 2'i co ~ '--' w 'N I") .,...,, ~ ct:'. 0 0 ci 0 I") '--' ~ ci 0 I") ---IDENTICAL (599.90' R1) 299.55' M (299.90' R1) (659.90' R1) 1 o"\ \; J ........ N ct:'. . ~ co 2'i Ol ~ '--' .,...,, ,;:--Ck: ct:'. • ::!!: 0 0 ~ Ol 0 2'i 0 ci Ol ci 0 ~ I") '--' 0 '--' I") ::!!: w .---.. . N'<I- ct:'. co ro CX) 2'i I") 0 0 0) ci ~ 0 0 0 I") w 0 '--' z ·ro ~ _l""l 0) 0 p 0 0 ci 0 0 z I") 30' .,...,, N ct:'. ~ CX) ~ ! 1--. cow gl~w I") '--' a::: I-(/) ::!!: . <( in Cl ~ a::: oo N ....J w u... ro . r-- 1") r-- l 1s bg 0 ....J l- NOTE: SEE SHEET 2 FOR MONUMENT DESCRIPTIONS, ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, LEGEND AND REFERENCE NOTES, AND EASEMENT NOTES. SEE SHEET 4 FOR EASEMENT DETAILS. ....J <( u 1-z w 0 TALBERT AVENUE OCS GPS 5071 R1 N 2,203, 188.39 E 6,032,224.70 FOUND MAG SPIKE & BRASS WASHER STAMPED "CITY OF HB", FLUSH, PER CORNER RECORD 2016-2928 LOCATED AT THE CENTERLINE INTERSECTION OF JOYFULL LANE & TALBERT AVENUE. ___ IDENTICAL GRAPHIC SCALE 0 20 40 80 160 0<( ::!!: wg: 0 0 0 p 0 o LL. u z 0<( --i wg: i 1_1 l ___ ___.1 z -LL. ...Jo >- a:! (!) ~ W ::,s:: Ol 1-U . en o ~ W....J • :?; CD::!!: )-..'. ....J z 0 w a::: <( ~ <( ....J w Cl C\I ~ ci I[) ~ ;,-, r-- oci N a, r--: N ·o 0 0) I[) 4•/ .-.--H 0 32' z K B ------~~---------L ___________________ _ ::::. . ~I~ PARCFL ?. 0 0 ~e P.ARCEL r=- 1 PARCEL lW-1P JYO, 289.65' M \ r./ 589.19' M .---.. P.J..iRCr..~ ?. N 89"57'22" W ::::. ii: 659.19' M ~~· 9 o ~ ~ 7 ro'g ~· 01\ S :I. ...t-. \' 01.C') P,M,B J 75/7~8 ~~ v ~J§ ---===---==--, LOT 12 299.61' M&R2 (300.00' R1) L01 13 \ j J A L01 14 s'LY LINE oF BLOCK ·c·::-\ L01 15 'J) _ _ _ _ ~-_ _ _ 299.52' M&R2 (299.90' R~ \_ ____ -Y CX) N 89"59'59" W 599.13' M (599.14' R2) (599.90'R1) CX) N N GARFIELD AVENUE z ....J~ >-(!) CX) ....J ....___ ffi ::,s:: Ol 1-U . ~g~ W CD::!!: 678.87' GROUND 678.86' TIE GRID N 89"38' 44" W N 89"59'59" W 659.13' M & R2 (659.90' R1) -----------"'alF----- -- -- ( IN FEET ) 1 inch = 40 ft. OCS GPS 5050 R1 N 2,197,905.39 E 6,032,763.65 FOUND PUNCHED BOAT SPIKE & BRASS WASHER STAMPED "CALTRANS", FLUSH, PER RECORD OF SURVEY 2019-1007, R.S.B. 310/38-39 LOCATED AT THE CENTERLINE INTERSECTION OF BEACH BOULEVARD & GARFIELD AVENUE. GARFIELD AVENUE Delaware Holland Residential Subdivision Agreement & Bonds Department of Public Works September 5, 2023 628 BACKGROUND • Tentative Parcel Map No. 2022-106 was conditionally approved by the Director of Community Development on May 6, 2022. • This project includes a four-parcel consolidation for the construction of a 346-unit residential apartment complex, located south of Main Street, between Delaware Street and Florida Street, and north of the Pacifica medical office building at 18800 Delaware Street. 629 [ PURPOSE • This new residential subdivision project includes the processing of a Final Parcel Map, to consolidate 4 existing parcels into one lot. • This map will record with the County of Orange prior to construction of the required public improvements. • Pursuant to the State’s Subdivision Map Act, Public Works conditioned the project to execute a subdivision agreement and submit bonds as sureties to ensure completion of the project’s public improvements prior to the City’s final inspection of signoff. 630 DETAILS • The project’s scope of public improvements includes construction of new curb, gutter, sidewalk, a new section of public storm drain pipeline and connections to the public sewer and water mains along its Delaware Street and Florida Street frontages. • The Subdivision Agreement and Bonds presented to the City Council tonight have been reviewed and approved as-to-form by the City Attorney’s office. 631 RECOMMENDATION • Approve and execute the Subdivision Agreement by and between the City of Huntington Beach NASH – Holland 18750 Delaware Investors, LLC • Authorize the City Clerk to record the subject agreement. • Accept Faithful Performance Bond No. DVHNSU0832094, Labor and Material Bond No. DVHNSU0832094 and Monument Bond No. DVHNSU0832094, the securities furnished for installation of the required public improvements. • Instruct the City Clerk to file the bonds with the City Treasurer. 632 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-707 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:Jonathan Claudio, Senior Civil Engineer Subject: Reject bid for the Admiralty Drive Bridge Rehabilitation Project, CC-1450 and re-advertise the project Statement of Issue: On August 3, 2023,the City received one bid from Beador Construction Company, Inc. (“Beador”) for the Admiralty Drive Bridge Rehabilitation Project, CC-1450. However, due to the high bid cost that exceeds the Project’s budget, staff recommends rejecting the bid and re-advertising the Project for more competitive bids. Financial Impact: The Project budget includes $3,280,000 from the federal Highway Bridge Program (HBP) grant fund and $500,000 from the Infrastructure Fund in Account No. 31440005.82300. However, the total project cost including the Beador bid is approximately $4 million higher than estimated. Rejecting the bid and re-advertising the Project have no fiscal impact, apart from nominal fees to re-advertise. Recommended Action: Reject the bid received from Beador for the Admiralty Drive Bridge Rehabilitation Project, CC-1450 and re-advertise the Project. Alternative Action(s): Do not approve the Recommended Action, and direct staff accordingly. Analysis: The rehabilitation of Admiralty Drive Bridge in Huntington Harbour would include removal and replacement of the concrete barriers, street lighting, sidewalks, and bridge deck; cleaning and painting of I-girders and other steel members; replacement of bearings; removal and replacement of any unsound concrete that could expose internal reinforcement to outdoor elements; removal and replacement of water mainline pipe; construction of a temporary traffic signal system; utility City of Huntington Beach Printed on 8/31/2023Page 1 of 3 powered by Legistar™633 File #:23-707 MEETING DATE:9/5/2023 relocation; and ancillary work as required. The public advertisement period for the project began on July 13, 2023,and the bids were opened on August 3, 2023. Only one bid was submitted to the City as indicated below: Bidder Submitted and Verified Bid Beador Construction Company, Inc.$6,494,300.00 Based on the sole bid received, the total estimated construction cost of this project is $7,780,000, as itemized below: Item Amount Bid submitted by Beador Construction Company, Inc.$6,494,300 10% Contingency $649,430 Supplementals (inspection, environmental monitoring, testing, labor compliance, etc.)$636,270 TOTAL CONSTRUCTION COST $7,780,000 In terms of being a responsible bidder, Beador performed acceptable work for the City during the construction of both the Magnolia St. and Brookhurst St. Bridge Preventive Maintenance Projects in 2018. However, their $6,494,300 bid is $3,751,623 higher than the engineer’s estimate of $2,742,677 (Attachment #2). Beador explained that the high bid price reflected the difficulty of constructing a bridge project over water. Staff also reached out to several bridge contractors to inquire why they chose not to submit a bid for this Project. A few cited the challenges of working over water, preference for projects with a higher valuation, and insufficient time and resources to bid. Because the Admiralty Drive Bridge remains safe for public use and there exist other contractors that are qualified to construct this Project, staff proposes to reject the bid from Beador and re-advertise the Project. Staff will explore other project approaches, update project specifications for greater clarity, increase the length of the bidding period from 3 weeks to 6 weeks, and reach out to qualified bridge contractors to inform them that the project is being re-advertised in an effort to obtain additional competitive bids that are within or near the Project budget. Section 614 of the City Charter authorizes the City Council to reject bids for construction projects at their discretion. Public Works Commission Action: The CIAB/Public Works Commission recommended this project on July 19, 2023 by a vote of 7-0-0. Environmental Status: A Categorical Exclusion was approved on January 12, 2016, in compliance with NEPA. Mitigated Negative Declaration No. 15-002 was approved on December 16, 2015, in compliance with CEQA. Strategic Plan Goal: City of Huntington Beach Printed on 8/31/2023Page 2 of 3 powered by Legistar™634 File #:23-707 MEETING DATE:9/5/2023 Infrastructure & Parks Attachment(s): 1. Location Map 2. Bid Summary 3. PowerPoint Presentation City of Huntington Beach Printed on 8/31/2023Page 3 of 3 powered by Legistar™635 DEPARTMENT OF PUBLIC WORKSCITY OF HUNTINGTON BEACHBRLO-5181(174)BRIDGE No. 55C-0282ADMIRALTY DRIVE BRIDGE REHABILITATION C.C. No. 1450(OVER QUEEN ELIZABETH PASSAGE) Call: 811 SHEET NO. OF Underground Service Alert TITLE SHEET ADMIRALTY DR BRIDGE REHABILITATION (OVER QUEEN ELIZABETH PASSAGE) STA. 10+37.85 TO STA. 13+82.00 1 25 T1 636 ADMIRALTY DR PACIFIC N ~~ <'.)~ AVE. QO z (/Ji-: i--: i--: (/Ji-: _J (/) (/) <( Mc FADDEN AVE. ~ t-----t---+---+--'r------r'-~ 0 u . o · :i: tii I-u ~ IL~ EDINGER :::E <( I w <( _J a:: <( (.') 0 I-(.') (/) z WARNER~ a:: Cl. (/) (/) z 0 w SLATER I 0 _J 0 0 w (.') TALBERT ELLIS ~ 0 a:: AVE. <( I I- 0 AVE. (.') AVE. YORKTOWN i--: (/) AVE. tti ui AVE. ui -+--,--+----+---+----+---+---+--~ ADAMS INDIANAPOLIS OCEAN VICINITY MAP N.T.S. SUNSET COUNTY BEACH LOCATION MAP N.T.S. Agency: City of Huntington Beach Project:Admiralty Dr. Bridge Rehabilitation, CC-1450 Federal Aid Project No.: BRLO-5181(174) Bid Opening: 8/3/2023 Item #Item Description Quantity Unit of Measure Unit Price Extended Amount Unit Price Extended Amount % Difference (Est) 1 MOBILIZATION 1 LS $278,000.00 $278,000.00 $270,000.00 $270,000.00 -2.88% 2 SCAFFOLDING 1 LS $384,300.00 $384,300.00 $300,000.00 $300,000.00 -21.94% 3 PREPARE STORM WATER POLLUTION PREVENTION PLAN 1 LS $5,000.00 $5,000.00 $5,400.00 $5,400.00 8.00% 4 WATER POLLUTION CONTROL 1 LS $45,000.00 $45,000.00 $150,000.00 $150,000.00 233.33% 5 TEMPORARY TRAFFIC CONTROL SYSTEM 1 LS $200,000.00 $200,000.00 $200,000.00 $200,000.00 0.00% 6 INSTALL SIGNING, STRIPING AND PAVEMENT MARKINGS 1 LS $30,000.00 $30,000.00 $10,250.00 $10,250.00 -65.83% 7 REMOVE AND CONSTRUCT PCC SIDEWALK 1415 SF $15.00 $21,225.00 $50.00 $70,750.00 233.33% 8 REMOVE AND CONSTRUCT PCC CURB AND GUTTER 62 LF $40.00 $2,480.00 $400.00 $24,800.00 900.00% 9 REMOVE 8" WATER PIPE AND CONSTRUCT 8" SS 316 WATER PIPE 195 LF $410.00 $79,950.00 $2,250.00 $438,750.00 448.78% 10 INSTALL BARRIER MOUNTED STREET LIGHT 4 EA $5,000.00 $20,000.00 $35,000.00 $140,000.00 600.00% 11 INSTALL STREET LIGHT PULL BOX 10 EA $500.00 $5,000.00 $1,750.00 $17,500.00 250.00% 12 STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER)188 CY $1,505.00 $282,940.00 $5,500.00 $1,034,000.00 265.45% 13 JOINT SEAL (MR 1")104 LF $125.00 $13,000.00 $300.00 $31,200.00 140.00% 14 BAR REINFORCING STEEL (EPOXY COATED) (BRIDGE)71700 LB $2.55 $182,835.00 $7.00 $501,900.00 174.51% 15 FURNISH STRUCTURAL STEEL (BRIDGE)2145 LB $12.00 $25,740.00 $50.00 $107,250.00 316.67% 16 ERECT STRUCTURAL STEEL (BRIDGE)5810 LB $30.00 $174,300.00 $30.00 $174,300.00 0.00% 17 CLEAN AND PAINT STRUCTURAL STEEL (EXISTING BRIDGE)1 LS $288,200.00 $288,200.00 $850,000.00 $850,000.00 194.93% 18 REMOVE UNSOUND CONCRETE 1 LS $35,000.00 $35,000.00 $50,000.00 $50,000.00 42.86% 19 BRIDGE REMOVAL (PORTION), LOCATION A 1 LS $343,793.00 $343,793.00 $650,000.00 $650,000.00 89.07% 20 BRIDGE REMOVAL (PORTION), LOCATION B 1 LS $8,400.00 $8,400.00 $550,000.00 $550,000.00 6447.62% 21 RAPID SETTING CONCRETE (PATCH)8 CF $1,000.00 $8,000.00 $3,000.00 $24,000.00 200.00% 22 DRILL AND BOND DOWELS (CHEMICAL ADHESIVE)42 LF $97.00 $4,074.00 $200.00 $8,400.00 106.19% 23 REPLACE BEARING (ASSEMBLY)28 EA $5,400.00 $151,200.00 $20,000.00 $560,000.00 270.37% 24 MISCELLANEOUS METAL (BRIDGE)117 LB $20.00 $2,340.00 $400.00 $46,800.00 1900.00% 25 TUBULAR HANDRAILING 310 LF $140.00 $43,400.00 $300.00 $93,000.00 114.29% 26 CONCRETE BARRIER (TYPE 732SW) (MODIFIED)310 LF $350.00 $108,500.00 $600.00 $186,000.00 71.43% $2,742,677.00 Total Amount Bid = $6,494,300.00 136.79%Engineer's Estimate = Contact: David Beador Costa Mesa, CA 92626 License/Class: 720483 A BID RESULTS Bid Schedule Engineer's Estimate Beador Construction Company, Inc. 2900 Bristol St., Suite D204 Phone: (951) 674-7352 637 Admiralty Drive Bridge Rehab CC-1450 September 5, 2023 City Council Meeting 638 Project Location Map ADMIRALTY DR. BRIDGE 639 Admiralty Bridge •3-span steel girder bridge with 4-column reinforced concrete bents supported on timber piles •Length = 155’-3” •Width = 52’ •Originally constructed in 1963 •Seismically retrofitted in 1994 640 Scope of Work •Replace concrete barriers and railing •Replace street lighting on bridge •Replace concrete sidewalk and bridge deck •Clean & paint steel girders & other steel members •Repair unsound concrete at bridge bents •Utility relocation and minor AC paving work 641 Scope of Work •Replace concrete barriers and railing •Replace street lighting on bridge •Replace concrete sidewalk and bridge deck •Clean & paint steel girders & other steel members •Repair unsound concrete at bridge bents •Utility relocation and minor AC paving work 642 ., - Scope of Work •Replace concrete barriers and railing •Replace street lighting on bridge •Replace concrete sidewalk and bridge deck •Clean & paint steel girders & other steel members •Repair unsound concrete at bridge bents •Utility relocation and minor AC paving work 643 Scope of Work •Replace concrete barriers and railing •Replace street lighting on bridge •Replace concrete sidewalk and bridge deck •Clean & paint steel girders & other steel members •Repair unsound concrete at bridge bents •Utility relocation and minor AC paving work 644 Scope of Work •Replace concrete barriers and railing •Replace street lighting on bridge •Replace concrete sidewalk and bridge deck •Clean & paint steel girders & other steel members •Repair unsound concrete at bridge bents •Utility relocation and minor AC paving work 645 Funding Current Funding •Federal Construction Funds: $3,280,000 (max.) •Infrastructure Funds: $ 500,000 $3,780,000 •Beador Construction Bid: $6,494,300 •10% Contingency:$ 649,430 •Supplemental Costs: $ 636,270 $7,780,000 •Budget Shortfall*: $4,000,000 *Based on Beador bid Recommended Action: Reject bid from Beador 646 Questions? 647 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-704 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:John Dettle, Associate Engineer Subject: Cancel contract award for the Humboldt Sewer Lift Station Replacement Project, CC-1634; reject all remaining bids and re-bid the project in accordance with City Charter requirements Statement of Issue: On August 1, 2023, City Council awarded a construction contract to Mehta Mechanical Company, Inc. (Mehta) for the Humboldt Sewer Lift Station Replacement Project. However, it was later discovered that the bidding process was not consistent with City Charter requirements and State Law. As such, City Council action is requested to cancel the contract award to Mehta and reject all other bids, in order to properly re-advertise and rebid the Project. Financial Impact: There are no fiscal impacts related to the recommended action. Recommended Action: Cancel the award of construction contract to Mehta for the Humboldt Sewer Lift Station Replacement Project, CC-1634; reject all remaining bids and rebid the project in accordance with City Charter requirements and State Law. Alternative Action(s): Do not accept the recommended action, and direct staff accordingly. Rejecting all bids and rebidding is required to comply with the City Charter. Analysis: Staff advertised the Humboldt Sewer Lift Station Replacement Project this summer on PlanetBids, an online platform used by a majority of public agencies to advertise project bids and requests for proposals/qualifications. The bids received via PlanetBids were appropriately evaluated, and on August 1, 2023, a construction contract was awarded to Mehta, the lowest and most responsive bidder. City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™648 File #:23-704 MEETING DATE:9/5/2023 However, staff did not confirm that the advertisement was also published in a locally circulated newspaper, as required under Charter Section 503. As such, staff recommends City Council to cancel the award with Mehta, reject all other bids, and readvertise/rebid the project immediately in accordance with Charter requirements. Mehta is aware of this pending cancelation of contract. Environmental Status: The project is categorically exempt pursuant to Section 15304 of California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Location Map 2. PowerPoint Presentation City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™649 65 0 8 ►- ~I~ ~ ::c::c ► C ::oz aJ ::I Oz CG') ::0-1 ~ HARBOUR LN ► ri ,QUIN ST 0 ► s: C/) FOREST HILLS LN ~ ~ ► :ii!! 0 0 ~ -z--------- !ii ~ ~ 0 ~ SANTA BARBARA LN SANTA CRUZ LN S,i,v • ,v~ ..... ~ PALOS MIGUEL LN SAN JUAN Ui FANTASIA LN ::0 :i: ► " C/) g -< 0 ~ i:::: z C iii 0 ~ Humboldt Sewer Lift Station Replacement CC-1634 September 5, 2023 651 BACKGROUND AND PROJECT SCOPE • Replace the existing Humboldt Sewer Lift Station due to age and insufficient wet well capacity • Located on Humboldt Island at the southeast corner of Humboldt Drive and Wayfarer Lane • Constructed in 1967, the sewer lift station has reached its useful life and the existing concrete structure is failing • The new lift station will mainly be underground with only the electrical and control cabinets above ground 652 VICINITY MAP - HUMBOLT ISLAND 653 i I VICINrTY MAP N.T.S. PROJECT LAYOUT 654 PROJECT BENEFITS • Provides facility with 50 years of useful life. • Prevents sewer lift station failure and resulting Sanitary Sewer Overflow into Huntington Harbor. • Enlarged wet well provides more response time to bring out generators during electrical black outs. • System will be airtight with no sewer odors. 655 PROJECT OVERVIEW • Construction Bids Received July 6, 2023 • Current Budget (Water Enterprise Fund) $4,933,000 • Council Awarded to Mehta Mechanical Company, Inc. dba MMC July 18, 2023 ($4,134,200) • Project not advertised in newspaper, as required by City Charter • Recommended Action: Reject All Bids • Alternative Recommendation: Not Applicable • Project to be advertised on September 6, 2023 • Proposed Bid Date October 5, 2023 • Proposed Date for Council to Award Contract November 7, 2023 656 Questions? 657 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-733 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager VIA:Alvin Papa, Acting Director of Public Works PREPARED BY:John Dettle, Associate Engineer Subject: Cancel contract award for the Fiscal Year 2022/23 Sewer Lining Project, CC-1728; reject all remaining bids and re-bid the project in accordance with City Charter requirements Statement of Issue: On August 1, 2023, City Council awarded a construction contract to Sancon Technologies, Inc.for the Fiscal Year 2022/23 Sewer Lining Project.However, it was later discovered that the bidding process was not consistent with City Charter requirements and State Law. As such, City Council action is requested to cancel the contract award to Sancon Technologies, Inc. and reject all other bids, in order to properly re-advertise and rebid the Project. Financial Impact: There are no fiscal impacts related to the recommended action. Recommended Action: Cancel the award of construction contract to Sancon Technologies, Inc. for the Fiscal Year 2022/23 Sewer Lining Project, CC-1728; reject all remaining bids and rebid the project in accordance with City Charter requirements and State Law. Alternative Action(s): Do not accept the recommended action, and direct staff accordingly. Rejecting all bids and rebidding is required to comply with the City Charter. Analysis: Staff advertised the Fiscal Year 2022/23 Sewer Lining Project this summer on PlanetBids, an online platform used by a majority of public agencies to advertise project bids and requests for proposals/qualifications. The bids received via PlanetBids were appropriately evaluated, and on August 1, 2023, a construction contract was awarded to Sancon Technologies, Inc., the lowest and most responsive bidder. City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™658 File #:23-733 MEETING DATE:9/5/2023 However, staff did not confirm that the advertisement was also published in a locally circulated newspaper, as required under Charter Section 503. As such, staff recommends City Council to cancel the award with Sancon Technologies, Inc., reject all other bids, and re-advertise/rebid the project immediately in accordance with Charter requirements. Environmental Status: The project is categorically exempt pursuant to Section 15304 of California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Location Map 2. PowerPoint Presentation City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™659 RD 456 RD 466 RD139RD 138 RD 434 RD 149 3 1728 138 139 149 167 434 443, 456, 466 138 1224 LF 8" S/ 659 LF 12"S/ 11MH 139 1033 LF 8" S/ 930 LF 12" S/ 8 MH 149 3188 LF 8" S/ 17 MH 167 704 LF 8" S 434 7164 LF/ 8" S/ 39 MH 443 425 LF 8" S RD 443 RD 167 RD 456 : 5880 LF 8" S/ 2557 LF 12" S/ 1278 LF 15" S/ 8 MH RD 466: 1307 LF 15" S/ 1 MH 660 NTS I-. AVE. ~---cn.-i---i----1----r-----r-----..-.T-----.----. w Cl::'. ---~ YORKTO N :5 w 0 PROJECT LOCATION SEWER LINING LOCATIONS INCLUDE REPORTING DISTRICT'S (RD) , , RD RI RD RI RD RI RD RI RD RI RD 1:1 LEGEND RD BOUNDARY FY 2022/2 SEWER LINING PROJECT CC-PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ~ ADAM 1 OF 1 FY 2022/23 Sewer Lining Project August 1, 2023 661 BACKGROUND AND PROJECT SCOPE The Engineering and Utilities Divisions identified the need for rehabilitation of existing sewer pipes based on maintenance history and video inspections. 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 and 84 manholes. The locations have either calci um deposits from groundwater seepage or have joints offset by tree roots. The 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 liner inside the existing pipe to form a replacement pipe. 662 FY 2022-23 SEWER LINING PROJECT LOCATION MAP 663 <) ~ 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 138 664 .. ! !,! ,~- .! ~=--~~ 1290 •• Thor ::: ::: :::; •~t...::: CoUJ~" l..., llU ,.,.;;.._, \,. Sy~_:y 1511 Mtdford .:.t.. If '< ,1mI11, 1< ,-( hanucl sE\•VER8r'i5NEs TO REHABILITATE: 1224 Lf e8" VCP, 659 LF 12" VCP .5 I ~~: ~i1~ ~1:5: ri ♦:; loO -♦:r ,~;!., Alexandria C. Fred Schroeder ·. McFadden / Sewer Facilities City of H1111ringron Beach ,..,.;i(l\9 $('W('r Lln ('S -o.,,s.-u,,. _,,,,__u,,. -c-.,s.-u,,. -°"""-u,,. r~~~ --f'R•"----HOPl:·¥°""""1'~ ~=S:. ~:=..O>r(l'li>o>l SlopO'~oll.noCOOll.l•Cl1'11o) Sl'wl'r E nlitil's Ofy ,,,._C-.,Olw 0 0 0 e ..... -l'.U/Gol'C.0..---C.,,F_,,.. _,,,_ Vldnlty :\lap 127 128 .... 137 138 ! 139 k. 147 t 148 149 Reporting District 138 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 139 665 Sewer Facilities City of H1mfington Beach J.tr:'ll!t --- Sewer [utities • • ..... ,c.c C O 0 IA- ♦ .... - ~ ~ ... 128 . ~-ICl'l---i 1?3 E-,_,_ ... - 138 1 I 139 l -- 148 149 24 1 Reporting Di strict 139 FY 2022/23 SEWER LINING PROJECT LOCATION MAP RD 149 666 '"' ..• I 1!1-' U •11106 M~l:Clrttl)7 •! , •• -;.;.,_ ... ·"""•--....:. ~5 -r: ;;:~:. -•!~ Dr. 1 .. ·~ ---... ~ ....... Edinger Ave. I . .. ,~ ~----..::.:...--Ji::·- .'! Sewer Facilities Ciry of H11111i11gro11 Beach )oly.10 19 S<'w<'r L ines s.:.. o-..o1i.-.. ..._ -=-==: r~~~ ffl.f----[§'E:-~ ~:=-0.,{P,o») _,.,..Slopoall..,.COOD;:t •Ol'Jli) Se we r E ntitles :~°"':'~-,,,_ II ~ : : ~ ♦ <;, • ♦ =.... ~ --; ., ...... .~-ICPI_T ... S---) 123 &-u,_,_ ••» -0.,,.,nfMI -PilN IGolC--.,_ -C"'trf--0,....., ..... \llclnll\' '.\lap 138 139 *'- 148 ! 149 1 158 159 24 25 . R e portin g District 14 9 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 167 667 .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 MAPS RD 434 668 .. --.-:.a.,.;:--~,.;.1.-.-:;!.;---·~=~;,!':.:, ~.-:;~= 1l1f Sewer Facilities City of Huntington Beach W,,:»11 Sewer Lines ..-c-.-.. .-.. -. ~-~-~ 0 • ~ :-= .. -----~-P l --1-.co,,o) 1:nr.:,_,_ •,. -_,_co.,,_ \1C'ini(Y )lap 423 424 425 - 433 J 434 [ 435 - 443 444 445 Reporting Dist rict 434 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 443 669 Sewer Facilities Cit)' of Huntington Beach Jralr~lt Sewer Endries • " • ~,e.i, Q O O 0 • ♦ • • ...... ~:02 -~-!('/ __ __, IH~-•- '•• \id nio·::\bp 433 i, 2 1 443 ,_ ~ ~2 453 434 444 454 Reporting Di strict 443 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 456 670 'I Sew er F ac iliti es City of Hu11rtngto11 Beach 1-1r::im Se wer Lin es 1ar. 0-.. 1.>-. ... -. Sewer [ntifi es . . . D O 0 ♦ ♦ • ---.~-,:,,--••..-:i 1U'--•-•,. -_,_CanK -e.:i,,•--ow- \1cinio· ~lap 445 446 -~- 455 j 456 ' I '•-- 465 466 447 4! 46, , Re portin g District 456 FY 2022/23 SEWER LINING PROJECT LOCATION MAPS RD 466 671 Sewer Facilitie s Ciry of Huntington Beach Jrolr::Clt Se wer Lines u..: a.-.,u. .. --. _____ ..,._ CII•-""" .... ~----°""""'~ --~--=---e.,,;,.,. ..,. __ ,_ VC#'-....-..-c.,,~) -------·~•-·"" ·o..--···-·---- Sewer [utitie s ■ Ill I I C O 0 C ♦ ♦ • • ~ ~ . " 455 -~-;:,-, ____ ) 12SIMr._. __ •,. \ lrinio· :\lap 456 465 j 466 ~ 4: 46 <& 475 476 477 -; Reporting District 466 PROJECT BENEFITS • Extends life of sewers 20 years • Prevents Sanitary Sewer Overflows • Increases structural strength of sewers 672 PROJECT OVERVIEW • Construction Bids Received July 6, 2023 • Current Budget (Sewer Enterprise Fund) $1,592,000 • Council Awarded to Sancon Technologies, Inc. $1,434,710 • Project not advertised in newspaper, as required by City Charter • Recommended Action: Reject All Bids • Alternative Recommendation: Not Applicable 673 Questions? 674 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-708 MEETING DATE:9/5/2023 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:Brian Smith, Police Lieutenant Ingrid Ono, Senior Administrative Assistant Subject: Approve for introduction Ordinance No. 4293 Amending the Huntington Beach Municipal Code (HBMC) by adding new Chapter 10.82 regarding pedestrian use of center medians Statement of Issue: Staff recommends approving for introduction Ordinance No. 4293 to add HBMC Section 10.82. This new code section would prohibit persons from standing in roadway center medians and similar roadway features to improve pedestrian and traffic safety. Financial Impact: There is no fiscal impact. Recommended Action: Approve for introduction Ordinance No. 4293, ”An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 10.82 Entitled ‘Center Medians.’” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: On average, since 2019, traffic collisions in Huntington Beach have accounted for over 16 fatalities per year, 50% of which involve pedestrians. Existing laws do not prevent pedestrians from loitering in center medians or similarly designed features, which can create safety hazards for motorist and pedestrians alike. In an effort to eliminate such hazards and increase safety, staff is proposing Ordinance No. 4293, which would prohibit persons from standing, sitting, or occupying any media, island, gore, landscape buffer, landscape City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™675 File #:23-708 MEETING DATE:9/5/2023 strip, or splitter island for any purpose other than to lawfully cross any roadway. This Ordinance would not prohibit individuals from briefly standing on medians to permit safe crossing roadways, nor would it interfere with rights afforded to pedestrians under AB 2147, The Freedom to Walk Act, which went into effect on January 1, 2023. If the Ordinance is approved for introduction, it will be returned to City Council for adoption on September 19, 2023 and become effective 30 days thereafter. 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. PowerPoint Presentation 2. Ordinance No. 4293 City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™676 Pedestrians in Center Medians Ordinance Number 4293 September 5, 2023 677 Proposed HBMC Chapter 10.82.020 - Standing, sitting, or occupying center medians prohibited No person shall stand, sit or occupy any median, island, gore, landscape buffer, landscape strip, or splitter island for any purpose other than to do so temporarily while lawfully crossing any roadway. 678 Roundabout Nomenclature Gore Areas Medians 679 Enlranoe line Clrculatoiy roadway Sidewalk Lanelscape buffer Truck apron 680 ORDINANCE NO. 4293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 10.82 ENTITLED "CENTER MEDIANS" WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly created and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add new Chapter 10.82 Entitled "Center Medians" to read as follows: "Chapter l 0.82 CENTER MEDIANS 10.82.010 Definitions For the purpose of this chapter, the following definitions apply: "Gore" shall mean and refer to the area between a through roadway and an exit ramp. This term may also refer to the similar area between a through roadway and a converging entrance ramp. "Island" shall mean and refer to a defined area between roadway lanes for control of vehicle movements or pedestrian refuge. Within an intersection, a median or an outer separation is considered an island. "Landscape buffer" or "landscape strip" shall mean and refer to a planted section adjacent to the legs of a roundabout that separates users of the roadway from users of the shared use/class I bikeways and assists with guiding pedestrians to the designated crossing locations. "Median" shall mean and refer to that portion of the highway separating the traveled ways in opposite directions, whether painted or raised. "Splitter island" shall mean and refer to a raised or painted traffic island that separates traffic in opposing directions of travel. They are typically used at roundabouts and on minor road approaches to an intersection. 10.82.020 Standing, sitting, or occupying center medians prohibited 681 ORDINANCE NO. 4293 No person shall stand , sit or occupy any median, island , gore, landscape buffer, landscape strip, or splitter island for any purpose other than to do so temporarily while lawfully crossing any roadway . SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 20 __ Mayor ATTEST: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager It·'== /fM CP/ Chief~ Police 2 23-13041/314498 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-700 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Al Zelinka, City Manager PREPARED BY:Paul D’Alessandro, Acting Chief Assistant City Attorney Subject: Consider the submission of 3 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 Statement of Issue: Pursuant to City Council direction, the City Attorney’s Office has worked with the Council’s Ad Hoc Charter Revision Committee on several proposed City Charter amendments. The Ad Hoc Committee has reviewed and approved the attached proposed Resolutions, which contain revisions of the City Charter, Ballot questions, and exhibits for final consideration and approval by the full City Council. Adoption of the Resolutions is needed to place the Charter amendment measures on the ballot for the March 5, 2024 Statewide Primary Election for voter approval. 1.Resolution 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 2.Resolution 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 § 10403 of the Elections Code 3.Resolution 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 Analysis 4.Resolution 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 City of Huntington Beach Printed on 8/31/2023Page 1 of 4 powered by Legistar™682 File #:23-700 MEETING DATE:9/5/2023 Financial Impact: The cost to place 3 ballot measures on the March 2024 Statewide Primary Election is roughly estimated at $1,174,884 (or $391,628 per measure). The final cost for each ballot measure will rely on several factors including the number of pages required to present the measure and secondary expenses such as postage, printing and cost recovery for Orange County’s Vote Center model. The Orange County Registrar of Voters (ROV) provided a rough estimate of $327,428 - $391,628 per ballot measure, which is the basis of the estimate above. Given the variability of the costs, it is recommended that the City Council budget towards the higher end of the ROV’s estimated range and appropriate $1,200,000 in General Funds to business unit 10010201. Recommended Action: A) 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 B) Adopt Resolution 2023-42, “A Resolution of the City Council of the City of Huntington Beach, California, Call for the Holding of a Special Municipal Election to be held on Tuesday, March 5, 2024, for the Submission to Voters Questions Relating to City Charter Amendments,” and C) Adopt Resolution 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 § 10403 of the Elections Code,” and D) Adopt Resolution 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 Analysis,” and E) Adopt Resolution 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 F) Appropriate $1,200,000 in General Funds to business unit 10010201. Alternative Action(s): Do not approve one or more recommended actions, and direct staff accordingly. Analysis: On June 6, 2023, City Council approved the formation of a Charter Review Ad Hoc Council Committee to recommend Charter amendments (File #: 23-480) <https://huntingtonbeach.legistar.com/LegislationDetail.aspx?ID=6246350&GUID=54997A4C-DC06- 4719-86CB-69EE98104FC2&Options=&Search=>. The Ad Hoc Committee, comprised of Mayor City of Huntington Beach Printed on 8/31/2023Page 2 of 4 powered by Legistar™683 File #:23-700 MEETING DATE:9/5/2023 Strickland, Mayor Pro Tem Van Der Mark, and Council Member Burns, worked with the City Attorney to identify 7 proposed amendments. On August 1, 2023 (File #: 23-670) <https://huntingtonbeach.legistar.com/LegislationDetail.aspx?ID=6300483&GUID=06DA0D45-0D09- 450E-B077-58582029D8E7&Options=&Search=>, Council approved the 7 amendments, added 3 additional amendments, and directed the City Attorney to review each one and staff to prepare and return all materials required for submittal to the ROV for Council’s consideration. In late August, the City Attorney’s Office prepared the required materials and met with the Ad Hoc Committee to review them. These proposals have been divided into three ballot measure questions for the March 5, 2024 primary election, which is an established, statewide election date. If approved the Measures will amend the Charter as follows: Overview of Measure No. 1: ·Amend Section 702 regarding procedures for holding elections ·Add new Section 705 to verify the eligibility of electors using voter identification, require at least 20 residential voting locations, and monitor ballot drop boxes in the City. ·Amend Section 304(b) and 309 to revise the City Attorney’s powers and duties to: allow full control of all legal business and proceedings; prohibit any reductions to the City Attorney’s compensation and annual budget without a four-fifths Council vote; require all privileged communications remain confidential and inaccessible by any City official or third party without Council approval; all changes to Section 309 would take effect on January 1, 2027. ·Amend Section 310 such that qualifying for the City Clerk position would require any four-year Bachelor’s degree, not limited to business, public administration or a related field. ·Add new Section 314 requiring any allegation of malfeasance, wrongdoing or misconduct against an elected City official be referred to the County District Attorney or other higher level government agency. Overview of Measure No. 2: ·Add new Section 806 allowing the display a set selection of flags on City properties; requires a unanimous Council vote to display any other flag. ·Amend Sections 401 and 601-605 requiring the City to transition from an annual to biennial budget starting in 2026. ·Amend Section 300 to move the election of City Clerk and Treasurer to the same gubernatorial election cycle as the City Attorney; clarifies the commencement date of the terms of City elected officials. Overview of Measure No. 3: ·Add new Section 618 requiring voter approval of certain City transactions that forgive, waive or forgo property tax collection by the City in excess of $100,000 without both Council and citywide voter approval. Transactions to acquire property for public parks or infrastructure are exempted. ·Amend Section 612 to exempt the construction of public restrooms up to a certain size, as well as the construction and replacement of playground equipment up to a certain size from requiring citywide voter approval. City of Huntington Beach Printed on 8/31/2023Page 3 of 4 powered by Legistar™684 File #:23-700 MEETING DATE:9/5/2023 ·Amend Section 303 to clarify that City Council meetings may be cancelled as needed by the Mayor or majority of Council Members. Details of each proposed ballot question and redlined changes to the Charter are included in the attached Resolution Nos. 2023-42 and 2023-43, which call for a Special Municipal Election and ask that the County consolidate the Special Municipal Election with the Statewide Primary Election on the same date. Adoption of Resolution No. 2023-44 would set priorities for filing written arguments for each measure and direct the City Attorney to prepare impartial analyses for measures where there is no conflict of interest. Resolution No. 2023-45 would provide for the filing of rebuttal arguments for each measure. Staff recommends identifying authors for arguments and rebuttals tonight. Following adoption of the Resolutions, the City will prepare an impartial analysis of each Measure and gather the arguments and rebuttals, all of which must be submitted to the County Registrar of Voters by the filing deadline of December 8, 2023. Lastly, staff recommends appropriating $1.2 million in General Funds to cover the estimated cost of placing 3 ballot measures on the March 2024 elections. 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: Non Applicable - Administrative Item Attachment(s): 1. Resolution 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” 2. Resolution 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 § 10403 of the Elections Code” 3. Resolution 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 Analysis” 4. Resolution 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” City of Huntington Beach Printed on 8/31/2023Page 4 of 4 powered by Legistar™685 686 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. WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 ( commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at§ 9255) of the State of California, and under the provisions of the laws relating to Charter cities in the State of California, the City Council desires to hold a Special Municipal Election on March 5, 2024 to submit to the voters three questions relating to City Charter amendments; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment( s) to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, and pursuant to the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 ( commencing at § 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at§ 9255) of the State of California, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5, 2024, a Special Municipal Election for the purpose of submitting to the voters the following questions relating to City Charter amendments: 687 RESOLUTION NO. 2023-42 "Shall proposed Charter Amendment No. I to: require Voter ID for elections, more in-person voting locations, and monitoring of drop-boxes; clarify that voters elect the City Attorney as the City's legal Yes counsel free from interference from City officials, and clarify budget authority for the City Attorney's Office; update the qualifications of candidates for No City Clerk; and stop potential political wrongdoing by requiring alleged malfeasance by a City official be investigated by outside agencies, be approved?" "Shall proposed Charter Amendment No. 2 to: provide that the only flags that shall be displayed Yes by the City on City property are: the United States, County of Orange, City of Huntington Beach Flags, and the POW Flag and Flags of the Armed Forces; require the City to adopt a Two-Year Budget; and No move the City Clerk and City Treasurer elections to the gubernatorial election cycle, be approved?" Shall proposed Charter Amendment No. 3 to: require voter approval of any City transaction that forgives, waives, or foregoes the collection of Yes prope1iy in excess of $100,000 per year, except acquisition of property for parks or infrastmcture; update exceptions to Section 612 (Measure C) to allow certain children's playground equipment, park-related utility structures and public restrooms No be built or improved without limitation; and update the procedures to cancel a regular City Council meeting, be approved? SECTION 2. That the complete text of the Charter Amendments submitted to the voters is attached as Exhibit A. SECTION 3. That the vote requirement for the measures to pass is a majority (50%+ I) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official 2 23-13267 /316395 688 RESOLUTION NO. 2023-42 ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls (vote centers) for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in§§ 14212, 14401 of the Elections Code of the State of California. SECTION 7. That in all paiiiculars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give fmiher or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 3 23-13267 /316395 689 RESOLUTION NO. 2023-42 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: APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: City Manager 4 23-13267/316395 690 RESOLUTION NO. 2023-42 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETHROUGH Chatter Amendment Measure No. 1 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict, the provisions of this Charter shall control and prevail, in accordai1ce with Section I 03 of this Charter. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS For all municipal elections, "Elector" means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. The City shall verify the eligibility of Electors by voter identification. Begim1ing in 2026, the City to provide at least 20 residential voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. The City shall monitor ballot drop boxes located within the City for compliance with all applicable laws. As in Section 300, the City Charter shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regulai· meeting or adjourned regular meeting, the City Clerk may declare the saine adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same mam1er as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set fo1ih by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same mam1er as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same mam1er as violations of this Charter are punishable. The City Collleil shall have eontrol of all legal business 5 23-13267/316395 691 RESOLUTION NO. 2023-42 and proceedings and all property of the legal department, and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. ( c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney represents the City of Huntington Beach, a Chartered City under the Constitution of the State of California and a Municipal Corporation. The elected City Attorney is, by virtue of the election, designated by the people as the City's exclusive legal counsel. The City Attorney may hire, contract, and/or appoint outside contract attorneys and/or such in-house deputy or deputies to assist or act for the City Attorney, at such salaries or compensation as the City Council may by ordinance or resolution prescribe; provided that the employ of attorneys to assist the City Attorney in the execution of his or her duties is the exclusive purview of the City Attorney. Neither the City Council, the City Manager, nor any other City Official or department may hire their own attorneys, consult with, attempt to contract with attorneys for services, or obtain other/outside legal opinions, without the prior express written consent of the City Attorney. Because of the unique nature of the City Attorney's work at the pleasure of the electorate, and in order to protect the City Attorney's work from political interference, neither the compensation of the City Attorney nor the City Attorney's annual budget or any aspect thereof shall be reduced by the City Council from year to year unless approved by a four-fifths majority of the total members of the City Council, but in no event shall any such reduction exceed 3% in a year and from the previous year. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pe1iaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. ( c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or 6 23-13267 /316395 692 RESOLUTION NO. 2023-42 former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of their employment or by reason of their official capacity. ( d) Attend all regular meetings of the City Council, unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. ( e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers, files, and documents pertaining to the City's affairs. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. (1) Keep, maintain, and protect all City confidential attorney-client privileged, and attorney work product privileged information. Such confidential information shall not be accessible to any other City Official, City Staff, or third party, unless the City Attorney authorizes such access or the City Council votes to authorize such access by majority vote. (m) Additions to Section 309 of this Chaiier, if approved by the voters at the March 5, 2024 election, shall take effect on January I, 2027. Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business, publie administration, or a related field, and hold a ce1iification as a Municipal Clerk or obtain such ce1iification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City 7 23-13267/316395 693 RESOLUTION NO. 2023-42 Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. ( c) Maintain separate records of all written contracts and official bonds. ( d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of prope1iy and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. (j) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 314. INVESTIGATION OF MALFEASEANCE To avoid potential conflicts of interest and political interference, any allegation of malfeasance, wrongdoing or misconduct against an elected official of the City, shall not be investigated by the City, any other City Official, or member of City Staff. Rather, such allegations shall be referred to the Orange County District Attorney, the California Attorney General, the Fair Political Practices Commission, or other appropriate higher level government agency. 8 23-13267 /316395 694 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein, the City shall only fly or display at or on any of the City's properties the following flags: the American flag, the POW/MIA flag, the State of California flag, the Huntington Beach City flag, the County of Orange flag, or any of the flags of the six branches of service: the Army, Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Games, the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated, but only if authorized by a unanimous vote of all members of the City Council. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove depm1ment heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget as required by this Chm1cr annually, submit it to the City Council, and be responsible for its administration upon adoption. ( c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. ( e) Maintain a centralized purchasing system for all City offices, departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City. 9 23-13267 /316395 695 RESOLUTION NO. 2023-42 Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 601. BIENNIAL Al'TNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Finanee Direetor Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal year!!, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective depaiiment heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL ANNUl,L BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thi1iy days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL 1\NNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing two fiscal year!!, Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Finanee Direetor Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for 10 23-13267 /316395 696 RESOLUTION NO. 2023-42 public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. BIENNIAL AJ'>TNUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify, unless otherwise provided in this Charter. Subject to the provisions of this Charter, the members of the City Council in office at the time this Chaiier takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk ai1d City Treasurer shall be elected for a term of six years at the general municipal election held in 2024. , 1968, and eaeh fom1h year thereafter. A City Attorney, a City Clerk, and a City Treasurer shall be elected in 2030 .J.966, and each fomih year thereafter. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday date of the first regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting of lots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. 11 23-13267 /316395 697 RESOLUTION NO. 2023-42 Charter Amendment Measure No. 3 SECTION 618. VOTER APPROVAL REQUIRED FOR MATTERS AFFECTING THE COLLECTION OF PROPERTY TAX. No transaction that forgives, waives or foregoes the collection of property tax by the City in excess of $100,000.00 per year shall be approved, unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. This section shall not apply to transactions related to the acquisition of property for public parks: or to transactions related to the acquisition of property for infrastructure, as defined in Section 617(a) of this Charter. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transfetTed or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course, driving range, road, building over three thousand square feet in floor area nor structure costing more than $161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a) and 612(b) shall not apply; (I) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; -the contract is to perform an act or provide a service in a public park or beach AND -such act was being perfo1med or service provided at the same location prior to January I, 1989 AND -the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to aboveground public works utility structures or public restrooms under 6,000 ~ square feet; 12 23-13267 /316395 698 RESOLUTION NO. 2023-42 (4) to underground public works utility structures if park or beach use is not impeded; ( 5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; eF (6) to renewable energy projects that do not negatively impact recreational opportunities~; or (7) to new children's playground facilities or equipment in any park; or to replacement children's playground facilities or equipment in any park or beach, provided that the square footage of such replacement children's playground facilities or equipment is not increased by more than I 00% during any ten year period. (d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or the meeting is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. 13 23-13267 /316395 699 RESOLUTION NO. 2023-42 ( c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, ifhe should fail to act, by a majority of the members of the City Council. ( d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. ( e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 14 23-13267 /316395 700 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§ 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a Special Municipal Election to be held on March 5, 2024, for the purpose of submitting to the voters questions relating to amending the City Charter; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election for the purpose of submitting to the voters three questions relating to amending the City Charter, with the Statewide Primary Election on Tuesday, March 5, 2024, and SECTION 2. That the measures are to appear on the ballot as follows: 701 RESOLUTION NO. 2023-43 "Shall proposed Charter Amendment No. I to: require Voter ID for elections, more in-person voting locations, and monitoring of Yes drop-boxes; clarify that voters elect the City Attorney as the City's legal counsel free from interference from City officials, and clarify budget authority for the City Attorney's Office; update the qualifications of candidates for City Clerk; and stop potential political wrongdoing by requiring alleged malfeasance by a City official be investigated by outside agencies, be approved?" No "Shall proposed Charter Amendment No. 2 to: provide that the Yes only flags that shall be displayed by the City on City property are: the United States, County of Orange, City of Huntington Beach Flags, and the POW Flag and Flags of the Aimed Forces; require the City to adopt a Two-Year Budget; and move the City Clerk and City Treasurer elections to the gubernatorial election cycle, be approved?" No Shall proposed Charter Amendment No. 3 to: require voter approval of any City transaction that forgives, waives, or foregoes Yes the collection of property in excess of $100,000 per year, except acquisition of property for parks or infrastructure; update exceptions to Section 612 (Measure C) to allow ce1iain children's playground equipment, park-related utility structures and public restrooms be built or improved without limitation; and update the No procedures to cancel a regular City Council meeting, be approved? SECTION 3. That the proposed complete text of the measures submitted to the voters are attached to this resolution as Exhibit A. SECTION 4. That the vote requirement for the measures to pass is a majority (50%+ I) of the votes cast. SECTION 5. That the county election depmiment is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions oflaw regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated 2 23-13267/316414 702 RESOLUTION NO. 2023-43 election. SECTION 7 . That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 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: APPROVED AS TO FORM: City Manage r INITIATED AND APPROVED : City Manager 3 23 -1 3267 /316414 703 RESOLUTION NO. 2023-43 EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKBTHROUGH Chaiier Amendment Measure No. 1 Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. In the event of such conflict, the provisions of this Chaiier shall control and prevail, in accordance with Section 103 of this Chaiier. Section 705. SPECIAL PROVISIONS RELATING TO MUNICIPAL ELECTIONS For all municipal elections, "Elector" means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election. The City shall verify the eligibility of Electors by voter identification. Beginning in 2026, the City to provide at least 20 residential voting locations for in-person voting dispersed evenly throughout the City, in addition to any City facility voting locations. The City shall monitor ballot drop boxes located within the City for compliance with all applicable laws. As in Section 300, the City Chaiier shall determine the term of the City's elective officers, the length of term, and the election cycle in which the election for those offices occur for the City's elective officers. Section 304. QUORUMS, PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall have control of all legal business 4 23-13267 /316414 704 RESOLUTION NO. 2023-43 and proeeedings and all property of the legal department, and may employ other attorneys to take eharge of or may eontraet for any proseeution, litigation or other legal matter or business. ( c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Upon adoption of any ordinance, resolution, or order for payment of money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall have graduated from a law school accredited by the American Bar Association, be an attorney at law, duly licensed as such under the laws of the State of California, shall have been engaged in the practice of law in this State for at least five years prior to their election or appointment. The City Attorney represents the City of Huntington Beach, a Chmtered City under the Constitution of the State of California and a Municipal Corporation. The elected City Attorney is, by virtue of the election, designated by the people as the City's exclusive legal counsel. The City Attorney may hire, contract, and/or appoint outside contract attorneys and/or such in-house deputy or deputies to assist or act for the City Attorney, at such salaries or compensation as the City Council may by ordinance or resolution prescribe; provided that the employ of attorneys to assist the City Attorney in the execution of his or her duties is the exclusive purview of the City Attorney. Neither the City Council, the City Manager, nor any other City Official or depaitment may hire their own attorneys, consult with, attempt to contract with attorneys for services, or obtain other/outside legal opinions, without the prior express written consent of the City Attorney. Because of the unique nature of the City Attorney's work at the pleasure of the electorate, and in order to protect the City Attorney's work from political interference, neither the compensation of the City Attorney nor the City Attorney's annual budget or any aspect thereof shall be reduced by the City Council from yeai· to year unless approved by a four-fifths majority of the total members of the City Council, but in no event shall any such reduction exceed 3% in a year and from the previous year. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. ( c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a paity, and represent and appear for any City officer or employee, or 5 23-13267/316414 705 RESOLUTION NO. 2023-43 former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a paiiy for any act arising out of their employment or by reason of their official capacity. ( d) Attend all regulai· meetings of the City Council, unless excused, and give their advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. ( e) Approve in writing the form of all contracts made by and all bonds and insurance given to the City. (f) Prepa!'e any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of their office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to their successor all books, papers, files, and documents pertaining to the City's affairs. G) Assist and cooperate with the City Manager consistent with Section 403 of the City Chaiier. (k) Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. (I) Keep, maintain, and protect all City confidential attorney-client privileged, and attorney work product privileged information. Such confidential information shall not be accessible to any other City Official, City Staff, or third paiiy, unless the City Attorney authorizes such access or the City Council votes to authorize such access by majority vote. (m) Additions to Section 309 of this Charter, if approved by the voters at the March 5, 2024 election, shall take effect on JanuaJ'y I, 2027. Section 310. CITY CLERK. POWERS AND DUTIES. To become and remain eligible for City Clerk, the person elected or appointed shall have a Bachelor's Degree in business, publie administration, or a related field, and hold a certification as a Municipal Clerk or obtain such certification within the first three years in office. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council, unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City 6 23-13267/316414 706 RESOLUTION NO. 2023-43 Council in records that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate records, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter. ( c) Maintain separate records of all written contracts and official bonds. ( d) Keep all records in their possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. ( f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor, unless the City Council, has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (i) Perform such other duties consistent with this Chruier as may be required by ordinance or resolution of the City Council. G) Assist and cooperate with the City Manager consistent with Section 403 of the City Charter. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist them or act for them, at such salaries or compensation as the Council may by ordinance or resolution prescribe. Section 314. INVESTIGATION OF MALFEASEANCE To avoid potential conflicts of interest and political interference, any allegation of malfeasance, wrongdoing or misconduct against an elected official of the City, shall not be investigated by the City, any other City Official, or member of City Staff. Rather, such allegations shall be referred to the Orange County District Attorney, the California Attorney General, the Fair Political Practices Commission, or other appropriate higher level government agency. 7 23-13267/316414 707 RESOLUTION NO. 2023-43 Charter Amendment Measure No. 2 SECTION 806. DISPLAY OF FLAGS. Except as otherwise provided herein, the City shall only fly or display at or on any of the City's properties the following flags: the American flag, the POW/MIA flag, the State of California flag, the Huntington Beach City flag, the County of Orange flag, or any of the flags of the six branches of service: the Army, Navy, Air Force, Coast Guard, Marine Corps, and Space Force. During the Summer Olympic Garnes, the Mayor is authorized to order the display of the official Olympic flags for four weeks prior to the dates of the games, and for up to two weeks thereafter. The City may display any other flag in addition to those already enumerated, but only if authorized by a unanimous vote of all members of the City Council. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter, the City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities, the City Manager shall have the power and be required to: (a) Appoint, promote, demote, suspend or remove department heads, officers and employees of the City except elective officers and the Chief of Police. The Chief of Police shall not be appointed or removed until the City Manager shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget as required by this Charter annually, submit it to the City Council, and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete repo1t on the finances of the City, and annually or more frequently, a cun-ent report of the principal administrative activities of the City. ( d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. ( e) Maintain a centralized purchasing system for all City offices, depmtments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for, purchase, inspection, storage, inventory, distribution and disposal of all supplies, materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City, the provisions of this Chmter and the ordinances, franchises and rights of the City. 8 23-13267/316414 708 RESOLUTION NO. 2023-43 Subject to policy established by the City Council, exercise control of all administrative offices and departments of the City and of all appointive officers and employees, and prescribe such general rules and regulations as deemed necessary or proper for the general conduct of the administrative offices and departments of the City under their jurisdiction. (h) Perform such other duties consistent with this Charter as may be required by the City Council. Section 601. BIENNIAL ANNUAL BUDGET, PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager, personally, or through the Finanee Direetor Chief Financial Officer, estimates of the department's, board's or commission's revenue and expenditures for the ensuing two fiscal yearl,, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. BIENNIAL Al'INUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026. After reviewing the proposed budget and making such revisions as it may deem advisable, the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. BIENNIAL ANNUAL BUDGET. PUBLIC HEARING. At the time so adve1iised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL 1\Nl'IUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall fmiher consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing two fiscal yearl,. Copies thereof, certified by the City Clerk, shall be filed with the City Manager, Finanee Direetor Chief Financial Officer, City Treasurer and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. 9 23-13267 /316414 709 RESOLUTION NO. 2023-43 Section 605. BIENNIAL A1'1NUAL BUDGET APPROPRIATIONS. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named; provided, however, that the City Manager may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Chaiier and who shall serve for terms of four years and until their respective successors qualify, unless otherwise provided in this Chaiier. Subject to the provisions of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter. No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive te1m. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected for a term of six years at the general municipal election held in 2024. , 1968, and eaoh fomih year thereafter. A City Attorney, a City Clerk, and a City Treasurer shall be elected in 2030 +-966-; and each fomih year thereafter. The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first Monday date of the first regular City Council meeting following the certification of the election. Ties in voting among candidates for office shall be settled by the casting oflots. If no candidate meets the qualifications for office of the City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. 10 23-13267/316414 710 RESOLUTION NO. 2023-43 Charter Amendment Measnre No. 3 SECTION 618. VOTER APPROVAL REQUIRED FOR MATTERS AFFECTING THE COLLECTION OF PROPERTY TAX. No transaction that forgives, waives or foregoes the collection of property tax by the City in excess of $100,000.00 per year shall be approved, unless authorized by the affirmative votes of at least a maiority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. This section shall not apply to transactions related to the acquisition of property for public parks; or to transactions related to the acquisition of property for infrastmcture, as defined in Section 617(a) of this Charter. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf conrse, driving range, road, building over three thousand square feet in floor area nor structnre costing more than $161,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted after the appropriate environmental assessment, conceptual cost estimate, and reasonable project description has been completed and widely disseminated to the public. Effective January 1, 2011, and each year thereafter, the maximum cost will be adjusted by the Consumer Price Index for the Los Angeles-Riverside- Orange County area. (c) Section 612(a) and 612(b) shall not apply; (1) to libraries or piers; (2) to any lease, franchise, concession agreement or other contract where; -the contract is to perform an act or provide a service in a public park or beach AND -such act was being performed or service provided at the same location prior to January I, 1989 AND -the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (3) to aboveground public works utility structures or public restrooms under 6,000 ~ square feet; 11 23-13267/316414 711 RESOLUTION NO. 2023-43 (4) to underground public works utility structures if park or beach use is not impeded; (5) to any public works construction, maintenance or repair mandated by state or federal law that does not negatively impact recreational opportunities; eF (6) to renewable energy projects that do not negatively impact recreational opportunities~; or (7) to new children's playground facilities or equipment in any park; or to replacement children's playground facilities or equipment in any park or beach, provided that the square footage of such replacement children's playground facilities or equipment is not increased by more than 100% during any ten year period. ( d) If any section, subsection, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or the meeting is canceled by the Mayor or a majority of City Council Members, at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk, it may be dispensed with. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace, health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. ( c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If, by 12 23-13267 /3 l 64 l 4 712 RESOLUTION NO. 2023-43 reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, ifhe should fail to act, by a majority of the members of the City Council. ( d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings, except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings, no person shall be denied the right to be heard by the City Council. ( e) Dissemination of Information. The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. 13 23-13267/316414 713 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 WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2024, at which there will be submitted to the voters tlu·ee ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Chaiter Amendment No. I to: require Voter ID for elections, more in-person voting locations, and monitoring of drop-boxes; clarify that voters elect the City YES Attorney as the City's legal counsel free from interference from City officials, and clarify budget authority for the City Attorney's Office; update the qualifications of candidates for City Clerk; and stop potential political wrongdoing by requiring alleged malfeasance by a City official be NO investigated by outside agencies, be approved?" a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) 714 RESOLUTION NO. 2023-44 to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 1. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing 2 23-13267/316617 715 RESOLUTION NO. 2023-44 of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2 to: provide that the YES only flags that shall be displayed by the City on City property are: the United States, County of Orange, City of Huntington Beach Flags, and the POW Flag and Flags of the Armed Forces; require the City to adopt a Two-Year Budget; and move the City Clerk and City Treasurer elections to the NO gubernatorial election cycle, be approved?" a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name( s) and signature( s) of the authors( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 3 23-13267/316617 716 RESOLUTION NO. 2023-44 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than I 0-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That with respect to the measure entitled: Shall proposed Charter Amendment No. 3 to: require YES voter approval of any City transaction that forgives, waives, or foregoes the collection of property in excess of $100,000 per year, except acquisition of property for parks or infrastructure; update exceptions to Section 612 (Measure C) to allow certain children's playground equipment, park-related NO utility structures and public restrooms be built or improved without limitation; and update the procedures to cancel a regular City Council meeting, be approved? 4 23-13267/316617 717 RESOLUTION NO. 2023-44 a. That the City Council authorizes the following member(s) of its body: (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) (Councilmember In Favor/ Against) to file a written argument not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name( s) and signature( s) of the authors( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below 5 23-13267/316617 718 RESOLUTION NO. 2023-44 the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. If yo u desire a copy of the Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial ana lysis shall be filed by the date set by the City Clerk for the fil ing of primary arguments. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof he l d on the ___ day of ___ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager ITIA TED AND APPROVED : City Manager 6 2 3-13267/3 16617 719 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with§ 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the (title of election) election for the Uurisdiction) to be held on ___ ~ 20 ____ hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of ornanization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of oraanization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of oraanization\ Print Name Signature Title (If applicable):Submitted on behalf of: Date /name of oraanization\ Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) 720 All Authors must print his/her name and sign this form (EC 9600) AND Print his/her name and sign the Argument itself (EC 9283) AND Print his/her name and sign the Rebuttal Argument itself (EC 9285) Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure_" or "Argument Against Measure_". likewise, printed rebuttal arguments submitted pursuant to Election Code § 9185 shall be titled either "Rebuttal To Argument In Favor Of Measure_" or "Rebuttal to Argument Against Measure_,~ § 9200, 9282, 9283, 9285, 9600 E.G. Statement of Authors of Arguments § 9600, E.C. and (Steven Vargas v. Cheryl Baiz and City of Brea; Revised 10/2009) F -A-1 721 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 WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against City measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against each measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the 722 RESOLUTION NO. 2023-45 name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. P ASSED 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 : APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: City Manager 2 23-13267 /316679 723 ARGUMENTS AUTHORIZATION FOR ANOTHER PERSON TO SIGN REBUTTAL ARGUMENT The following majority of __ authors of the Argument □ In Favor of □ Against Measure __ authorize the following person(s) to prepare, submit or sign the Rebuttal to the Argument □ In Favor of □ Against Measure __ for the City of __________ Election to be held on ____ , 20 __ . Signatures of a majority of the authors of the Argument □ In Favor of □ Against Measure __ are required: Name (Print) Signature Date Name (Print) Signature Date Name (Print) Signature Date The following authors are authorized to prepare, submit or sign the Rebuttal to the Argument □ In Favor of □ Against Measure ___ _ Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature 724 Title Date Print Name Signature Title Date Attach this form to the Form of Statement of Authors Form submitted with the Argument □ In Favor of □ Against Measure __ § 9285, E.C. (Added 10/2016) Authorization for Others to Sign Rebuttal Argument 10/2008, Amended F -A-2 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-693 MEETING DATE:9/5/2023 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:Travis K. Hopkins, Assistant City Manager Grace Yoon-Taylor, Principal Management Analyst Subject: Adopt Resolution No. 2023-40 and approve for introduction Ordinance Nos. 4296, 4295, 4298, 4299, 4297, 4300, and 4301 to amend the Huntington Beach Municipal Code to streamline, consolidate, and/or dissolve a select number of the City’s Boards, Commissions, and Committees and Council Committees Statement of Issue: On May 16, 2023, City Council approved the formation of an Ad Hoc Council Committee to review the City’s existing Boards, Commissions, and Committees (BCCs) and their roles and duties relevant to City operations. As such, the BCC Review Ad Hoc Council Committee comprised of Mayor Tony Strickland, Mayor Pro Tem Gracey Van Der Mark, and Councilmember Pat Burns met three times to deliberate and have since proposed nine recommendations to streamline and restructure a select number of BCCs. On August 1, 2023, City Council approved the nine recommendations and directed staff to prepare the appropriate Resolution(s) and Ordinances (attached) to effectuate them. Financial Impact: There are no fiscal impacts. Recommended Action: A) Approve the official dissolution of the City Council Short-Term Rentals Ad Hoc Committee, Housing/RHNA Ad Hoc Committee, and Cannabis Regulation and Policy Ad Hoc Committee by minute action; and/or B) Approve renaming of the Urban Design Study Ad Hoc Council Committee to the Downtown and Beach Front Ad Hoc Council Committee and broadening their scope of work by minute action; and/or C) Adopt Resolution No. 2023-40, “A Resolution of the City Council of the City of Huntington Beach repealing Resolutions 2002-106 and 2021-66, and dissolving the Human Relations Committee;” and/or City of Huntington Beach Printed on 8/31/2023Page 1 of 5 powered by Legistar™725 File #:23-693 MEETING DATE:9/5/2023 D) Approve for Introduction Ordinance No. 4296, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise Commission;” and/or E) Approve for Introduction Ordinance No. 4295, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile Home Advisory Board;” and/or F) Approve for Introduction Ordinance No. 4298, “An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability Board;” and/or G) Approve for Introduction Ordinance No. 4299, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory Board/Public Works Commission”; and approve the official dissolution of the Smart Cities and Technology Council Committee by minute action; and/or H) Approve for Introduction Ordinance No. 4297, “An Ordinance of the City of Huntington Beach deleting Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board;” and/or I) Approve for Introduction Ordinance No. 4300, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive Board;” and/or J) Approve for Introduction Ordinance No. 4301, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific Events;” and/or K) Approve the official dissolution of the City Council Boards, Commissions, and Committees Review Ad Hoc Committee upon approval of recommended actions above. Alternative Action(s): Do not approve one or more recommendations, and direct staff accordingly. Analysis: Per City Council’s direction on August 1, 2023, City staff worked with the City Attorney’s Office, which prepared the appropriate Resolution(s), Ordinance(s), and other reports necessary to effectuate the nine Council-approved recommendations. Such documents are presented tonight for the Council’s consideration. Recommendation A:City Council approved the official dissolution of the City Council Short-Term Rentals Ad Hoc Committee, Housing/RHNA Ad Hoc Committee, and Cannabis Regulation and Policy City of Huntington Beach Printed on 8/31/2023Page 2 of 5 powered by Legistar™726 File #:23-693 MEETING DATE:9/5/2023 Ad Hoc Committee. If approved tonight via Council Minute Action, their dissolution will be effective immediately. Recommendation B:City Council approved to rename and broaden the scope of work of the Urban Design Study Ad Hoc Council Committee to include the hotels and the numbered streets beyond Main Street and PCH relinquishment and beautification, etc. If approved tonight via Council Minute action, the renaming and broadened scope of work will be effective immediately. The Community Development Department will provide continued staff support. Recommendation C: Adoption of Resolution No. 2023-40 (Attachment 2) will formally dissolve the Huntington Beach Human Relations Committee (HBHRC) and retire its current members, effective tonight. Recommendation D:Adoption of Ordinance No. 4296 (Attachment 3) would repeal HBMC Chapter 2.104 Jet Noise Commission, formally dissolving the Commission and retiring its current members. If the first reading of the Ordinance is approved tonight, the second reading will be scheduled for September 19 and, if adopted, take effect 30 days thereafter. Any outstanding projects led by the Commission shall be diverted to City staff and/or the Intergovernmental Relations Committee (IRC). Recommendation E: Adoption of Ordinance No. 4295 (Attachment 4) will repeal HBMC Chapter 2.112 Mobile Home Advisory Board, formally dissolving the Board and retiring its current members. If the first reading of the Ordinance is approved tonight, the second reading will be scheduled for September 19 and, if adopted, take effect 30 days thereafter. Recommendation F & G: Adoption of Ordinance Nos. 4298 (Attachment 5) and 4299 (Attachment 6) will repeal Chapter 2.102 Environmental and Sustainability Board (ESB) and update Chapter 2.111 Citizen Infrastructure Advisory Board/Public Works Commission (CIAB/PW), respectively. If the first reading of the Ordinances are approved tonight, the second reading will be scheduled for September 19 and, if adopted, take effect 30 days thereafter. This recommendation also seeks to dissolve the Smart Cities and Technology Council Committee (SCTCC) via Council Minute action, which will take effect immediately. This recommendation will allow the City to dissolve both the Smart Cities and Technology Council Committee and the Environmental and Sustainability Board and shift their core duties and goals to the CIAB/Public Works Commission as appropriate. Key changes in provisions include: o More duties are added to the CIAB/PW Commission: reviewing and providing comment on the City’s comprehensive Sustainability Master Plan and any long-term broadband planning efforts. o All current members with the Environmental and Sustainability Board will be respectfully released from membership at the time of its dissolution. o Additional requirements of membership has been added. City of Huntington Beach Printed on 8/31/2023Page 3 of 5 powered by Legistar™727 File #:23-693 MEETING DATE:9/5/2023 Recommendation H: Adoption of Ordinance No. 4297 (Attachment 7) will repeal Chapter 2.108 Huntington Beach Youth Board. If the first reading of the Ordinance is approved tonight, the second reading will be scheduled for September 19 and, if adopted, take effect 30 days thereafter. In lieu of the Youth Board, the Community and Library Services Department plans to establish an alternative non-Brown Act working group of select members of highly qualified, local high school students, Youth Civic Leaders Collaborative (YCLC). The YCLC will enable continued youth engagement with City affairs as its volunteer members can help plan and coordinate the Annual Youth in Government Day, the Junior Citizens Academy and other various projects requested by the City more effectively and efficiently. The YCLC can have a similar member selection process as the Youth Board (but not as Council appointees) and current Board members in good standing may continue their membership with the newly created YCLC. Recommendation I: Adoption of Ordinance No. 4300 (Attachment 8) will rename the Fourth of July Executive Board to Independence Day Board with more clear and defined roles. Some proposed language changes in the Municipal Code also are to reflect current practices and to consistent with HBMC Chapter 2.100 Operating Policies for Boards and Commissions. If the first reading of the Ordinance is approved tonight, the second reading will be scheduled for September 19 and, if adopted, take effect 30 days thereafter. Staff plans to have follow up meeting(s) with the Mayor and Council Liaison members to evaluate the 2023 Fourth of July events and related festivities to clarify and further define roles and duties among this Board, City staff, and hired consultant(s) for more effective, streamlined citywide planning and execution. If any further changes regarding the Board’s structure or roles are required as a result of such discussion (thus the municipal code changes), staff will bring them back to the City Council at a later time. Recommendation J: Adoption of Ordinance No. 4301 (Attachment 9) will update Chapter 13.54 Specific Events. This action will clarify roles of the Specific Events Committee, which is an internal staff group to discuss the permitting and any logistical requirements for each proposed event, and establish a separate Council standing committee to review and recommend overall policy on large- scale specific events in the City, based on City Council’s priorities. If the first reading of the Ordinance is approved tonight, the second reading will be scheduled for September 19 and, if adopted, take effect 30 days thereafter. The Community and Library Service Department will serve as a staff liaison(s) to this Council Committee. As City staff conducts a more in-depth review of the HBMC Chapter 13.54 and citywide event permitting policy and procedure, City staff plans to bring back any recommendations and subsequent code updates for the Council’s consideration at a later time. Recommendation K: Upon approval of Recommendations A through I, Council approval is being requested via Council Minute action to official dissolve the Boards, Commissions, and Committees Review Ad Hoc Council Committee, which will be effective immediately. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will City of Huntington Beach Printed on 8/31/2023Page 4 of 5 powered by Legistar™728 File #:23-693 MEETING DATE:9/5/2023 not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Community Engagement Attachment(s): 1. PowerPoint Presentation 2. Resolution No. 2023-40, “A Resolution of the City Council of the City of Huntington Beach repealing Resolutions 2002-106 and 2021-66, and dissolving the Human Relations Committee” 3. Ordinance No. 4296, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 4168 and deleting Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise Commission” 4. Ordinance No. 4295, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 3332 and deleting Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile Home Advisory Board” 5. Ordinance No. 4298, “An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability Board” 6. Ordinance No. 4299, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory Board/Public Works Commission” 7. Ordinance No. 4297, “An Ordinance of the City of Huntington Beach deleting Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board” 8. Ordinance No. 4300, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive Board” 9. Ordinance No. 4301, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific Events” City of Huntington Beach Printed on 8/31/2023Page 5 of 5 powered by Legistar™729 Board, Commission, & Committee (BCC) Reconfiguration City Council Meeting September 5, 2023 730 .-...::::-__ _ - --------------.-= ------ ~ Background •On May 16, 2023, the City Council approved the formation of an Ad Hoc Council Committee to engage in a comprehensive review of all the citizen-led BCCs and Council Committees. •On August 1, 2023, the City Council approved nine recommendations by the BCC Review Ad Hoc Council Committee to streamline, consolidate, and dissolve a select number of the City’s BCCs and Council Committees. •On September 5, 2023, the City Council is requested to approve Council Minute Actions, Resolutions and/or Ordinances to effectuate the Council approved recommendations. 731 Recommended Actions A.Approve the official dissolution of the City Council Short-Term Rentals Ad Hoc Committee, Housing/RHNA Ad Hoc Committee, and Cannabis Regulation and Policy Ad Hoc Committee B.Approve the renaming the Urban Design Study Ad Hoc Council Committee to the Downtown and Beach Front Ad Hoc Council Committee and broadening their scope of work C.Adopt Resolution No. 2023-40, “A Resolution of the City of Huntington Beach repealing Resolutions 2002-106 and 2021-66 and dissolving the Huntington Beach Human Relations Committee” •Current members will retire effectively at the time of its dissolution. 732 Recommended Actions D. Approve for Introduction Ordinance No. 4296, “An Ordinance of the City of Huntington Beach repealing Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code dissolving the Jet Noise Commission” •Current members will retire effectively at the time of its dissolution. •Any outstanding projects and/or duties by the JNC to be diverted to City staff or IRC. E.Approve for Introduction Ordinance No. 4295, “An Ordinance of the City of Huntington Beach repealing Ordinance No.3332 and delete Chapter 2.112 of the Huntington Beach Municipal Code dissolving the Mobile Home Advisory Board” •Current members will retire effectively at the time of its dissolution. 733 Recommended Actions F.Approve for Introduction Ordinance No. 4298, “An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of the Huntington Beach Municipal Code and dissolving the Environmental and Sustainability Board;” and/or G.Approve for Introduction Ordinance No. 4299 “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory Board/Public Works Commission”; and approve the official dissolution of the Smart Cities and Technology Council Committee. •CIAB/Public Works Commission will assume the duties of reviewing and providing input on the City’s Sustainability Master Plan and any long-term broadband planning efforts. •Current members of the ESB will retire effectively at the time of its dissolution. •Membership requirements updated for the CIAB/Public Works Commission. 734 Recommended Actions H. Approve for Introduction Ordinance No. 4297, “An Ordinance of the City of Huntington Beach deleting Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth Board.” •In lieu of the Youth Board, the Community and Library Service Department plans to establish a youth working group, called “Youth Civic Leaders Collaborative (YCLC)” to continue promoting youth civic engagement with City affairs. •The YCLC, as community volunteers, can help plan and coordinate the Annual Youth in Government Day and the Junior Citizens Academy and other projects with City staff. 735 Recommended Actions I. Approve for Introduction Ordinance No. 4300, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July Executive Board;” •To Rename the Fourth of July Executive Board to Independence Day Board with more clear and defined roles. •Some proposed language changes in the Municipal Code is to reflect current practices and be consistent with HBMC 2.100 Operating Policies for Boards and Commission. 736 Recommended Actions J. Approve for Introduction Ordinance No. 4301, “An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific Events;” •To clarify roles of the Specific Events Committee as an internal staff working group to discuss the permitting and any logistical requirements for each proposed event. •To establish a separate Council standing committee to review and recommend overall policy on large-scale specific events in the City. •The Community and Library Services Department will provide staff support to this Council Committee. K. Approve the official dissolution of the City Council Boards, Commissions, and Committees Review Ad Hoc Committee upon approval of recommended actions above. 737 Questions? 738 739 RESOLUTION NO. 2023-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING RESOLUTIONS 2002-106 AND 2021-66, AND DISSOLVING THE HUMAN RELATIONS COMMITTEE WHEREAS, the City Council of the City of Huntington Beach established the Human Relations Task Force as an official committee of the City by the adoption of Resolution No. 2002-106;and The Human Relations Task Force was amended and reconstituted as the Huntington Beach Human Relations Committee by the adoption of Resolution No. 2021-66; and The City Council has determined that the Human Relations Committee is no longer necessary and therefore desires to dissolve it; and The City Council desires to formally thank the members of this Committee for their important contributions and years of service, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That Resolution 2002-106, which established the Human Relations Task Force as an official cbmmittee of the City, is hereby repealed. 2. That Resolution No. 2021-66, which established the Huntington Beach Human Relations Committee, is repealed. 3. That the Huntington Beach Human Relations Committee is hereby dissolved. 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 . City Manager 23-13325/3 17371 740 ORDINANCE NO. 4296 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 4168 AND DELETE CHAPTER 2 .1 04 OF THE HUNTINGTON BEACH MUNICIPAL CODE DISSOLVING THE JET NOISE COMMISSION WHEREAS, on August 1, 2023, the City Council of the City of Huntington Beach directed the City Attorney and the City Manager to collaborate to return to City Council with the necessary actions to repeal Ordinance No. 4168 and delete Chapter 2.104 of the Huntington Beach Municipal Code, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Ordinance No. 4168 of the City of Huntington Beach is hereby repealed in its entirety. SECTION 2. By virtue of the repeal of Ordinance No. 4168, Chapter 2.104 of the City of Huntington Beach Municipal Code is deleted. SECTION 3. This ordinance shall be effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager =z_ ~ ~ c-=-~ssistant City anager 23 -l 332S/3 173 69 741 Chapter 2.104 JET NOISE 2.104.010 Established LEGISLATIVE DRAFT HBMC 2.104 There is hereby established the Jet Noise Commission ("J1'JC"). (4168 12/18) 2.104.020 Purpose The purpose of the J1'JC shall be: A. To continually monitor issues related to jet noise from commercial aviation traffic flying over the Gity; B. To act as an advisory body to the City Council on matters pertaining to jet noise from commercial aYiation traffic oYer the City of Huntington Beach. C. To engage with neighboring cities, regulatory bodies, airlines, and staff regarding the impact of air traffic activities on the quality of life in Huntington Beach. (4168 12/ l 8) 2.104.030 Composition A. In addition to t\','O City Council liaisons, the J1'JC shall consist of se,,en members at large recommended by the liaisons and appointed by a majority of City Council. The term of office of the JNC me1Hbers shall be four years. ~fotv,•ithstanding any other provision of this Municipal Code, there shall be a t\vo term limit on the number of consecutive terms a JNC member may serve. Members shall hold n o paid office or employment in the City government while serving on such JNC. If the City Council determines that a member be retired, or othen-vise no longer v,•ould like to serve, it may so order and appoint a successor for the une*pired term of office of such retired member. Further, members shall be privileged to retire voluntarily from the JNC at any time, successors to be appointed in such cases for the une*pired terms of office, and also in the eYent of other occurring vacancies from whatever cause, by the City Council by a majority of votes. B. Regular attendance at meetings is required of all members to enable the J1'JC to discharge its duties. A member absent from three meetings in a fiscal year shall be deemed to have resigned from the JNC, and immediate notification shall be given to the Mayor and City Council of such Yacancy. (4168 12/18) 2.104.04050 Seeretary A designee of the City Manager's office shall serve as secretary to the J1'JC without the power to vote, and shall keep permanent minutes of the J1'JC meetings. Roberts' R-0les of Order (current edition) shall govern the procedure of the meetings of the J1'JC unless inconsistent with other provisions of this chapter. (4168 ~ 74 2 j 743 ORDINANCE NO. 4295 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 3332 AND DELETE CHAPTER 2.112 OF THE HUNTINGTON BEACH MUNICIPAL CODE DISSOLVING THE MOBILE HOME ADVISORY BOARD WHEREAS, on August 1, 2023, the City Council of the City of Huntington Beach directed the City Attorney and the City Manager to collaborate to return to City Council with the necessary actions to ddete Chapter 2.112 of the Hl,111tington Beach Municipal Code, and dissolve the Mobile Home Advisory Board . NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Ordinance No. 3332 of the City of Huntington Beach is hereby repealed in its entirety. SECTION 2. By virtue of the repeal of Ordinance No. 3332, Chapter 2.112 of the Huntington Beach Municipal Code is deleted. SECTION 3. This ordinance shall be effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor ATTEST: ORM: City Clerk REVIEWED AND APPROVED: ITIA TED AND APPROVED: City Manager ::t. ll_~I > C Assistant c ~:ager 23 -13325 /3 17370 744 LEGISLATIVE DRAFT HBMC 2.112 Chapter 2.112 MOBILE HOME ADVISORY BOARD 2.112.010 Boar'4 Establishe'4 There is hereby established a Mobile Home Advisory Board. (3332 7/96) 2.112.020 Puraose The purpose of the board shall be: A. To ensure the quality of life in mobile home parks and to review matters concerning mobile home parks in the City of Huntington Beach through healthy communication with park owners, manufactured home owners and the City Council. B. To act in an advisory capacity to the City Council on matters concerning the mobile home community. (3332 7/96) 2.112.030 Comaosition The Mobile Home l\dvisory Board shall consist of nine tttembers. All me1ttbers shall be appointed by the City Council. The board shall be comprised of three Huntington Beach mobile home park 0 1wners or their desig1rnted nominees (1Nho may or may not reside in Huntington Beach), three Huntington Beach 1ttobile home resident owners, and three Huntington Beach independent cifrz:ens at large who have no affiliation or relationship 1Nith mobile home parks. (3332 7/96, 3924 12/11) 2.112.040 Remo¥al of Members Memeers of the board shall seP,e until their respective successors are appointed and qualified. The City Council shall have the po1,1,ier to fill any vacancies. Unless other•Nise specified, terms of members of the board shall be four years, staggered so that the 1ttajority of terms shall end in odd number years following the election of three councilmenibers. Any member of the board may be removed by majority vote of the City C ouncil present 1Nhen suc h v ote is taken. Any member who absents him or herself from three consecutive, regular 1tteetings or more ·without the permission of the board chairperson shall be deemed to have resigned from the board and his or her office shall become vacant. Any vac ancy shall be filled by appointment for the un~pired term by a majority vote of the Council present and voting. (3332 7/96) 2.112.050 Vacancies Retirement Members shall be privileg ed to retire Yoluntarily from the Board at any time; successors to be appointed ffl--Stlch case, or any other vacancy from 1whatever cause, by the Mayor, with the approval of the C ity Council , for the unexpired term of office . (33 3 2 7/96) 2.112.060 5enice Limitation N o person shall ser ve mo re than two consecutive four y ear terms . (3332 7/96 ) 745 2 ·112,070 Secretary The Director of Economic De,.elo ' . the power to vote and sl 111 • p nent, or his/her designee shall ..eeo,ds oflhe • .,; oflh •: '~"l' pennaaent mi....,, of the boa,d '" '. 0 as """"'1' lo !he boa,d ··•itROllt Ii d e oa, shall be ke t d meelmgs " ecurnl d ~ e;e,epartmeal5 oflhe City (3332 ~" ~p·, an~ sueh ,eoo,ds shall ha· •e Ii. , ' ~ ~ e ao pe,maoent · 7r96) ~ ➔e same status as records of 2.112.080 Meetings/Ouerum A. Th~ board shall meet at such tim . the public and consi t . e and place as ,t may fiv b , . . Iman! shall eenstirn,'"•"t w1!11 !he 19''0vision of!he Brnw.. A~;? ,e,oluM"· All meeliRgs shall._.,,... ea quornm for transaction of business. open meetmgs la'.','). A majority of the B. Upon demand of any men b . I before !he board. Roberts: Rul: :it 1.e r~II ca!I shall be called for yeas and n , UR less meoasis"'"' with ntl, . . ,. . o, do, -!Sed shall govern !he prn d . 8) ' upo~ ""l" quostioRs e1 p1or1s10ns ofth1s chapter. (3332 7/96) ce me of meet111gs of the board 2.112.090 Operating Pelieies The board shall conform to th . Chapter 2 .100 ofth' _e operation policies for boards . . is Code with the exception of Se f 2 and comm1ss1ons as set forth in c ion . I 00.050 . (3332 7'96) 2.112.100 B't'la• • ..,s ' The Mobile Home Ad,,· . n r!SOIY Board shall d its officers and their method of . a o_pt such bylaws and rules as it de rn HS wo,k aad admiRist,.iio ;.1,e1,"'.' of t1".'e and plaee af meetings aRd f '."s aeeossa,y te prnvido Hn su~eet to l"·ior submissiaR t" o t dul!es wh1oh a,o Rot o!he,wise pnl'•id,;;. ~~eh other matto,s ,olntivo o an approval by the City Council. (3332 ~/96) «JI y statute or ordinance, 2.112.110 Ad\'isers The Mobile Home ,. d··iso1y B d • ' ' ~ oar may · f at its meetings of any officer or em iequest o the Director of Economic De,,el eapeeity but who shall" t I ,. ployee ~ftho City lo assist !he boerd . . d '. op".'ent !he atteHdanoo (3332 7196) 0 18 '0 tho au!honty le vote apoa aR , ~n its ohbo,et,oRs 1 " "" edvismy Y matter bemg considered by the board. 746 ORDINANCE NO. 4298 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DELETING CHAPTER 2.102 OF THE HUNTINGTON BEACH MUNICIPAL CODE AND DISSOLVING THE ENVIRONMENTAL AND SUSTAINABILITY BOARD WHEREAS, on August 1, 2023 , the City Council of the City of Huntington Beach directed the City Attorney and the City Manager to collaborate to return to City Council with the necessary actions to repeal Chapter 2.102 of the Huntington Beach Municipal Code, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 2.102 of the City of Huntington Beach Municipal Code is deleted. SECTION 2. This ordinance shall be effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor ATTEST: APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED: ITIATED AND APPROVED: City Manager C Assistant City Manager 2 3-13333/31 76 37 747 LEGISLATIVE DRAFT HBMC 2.102 Chapter 2.102 ENVIRONMENTAL AND SUSTAINABILITY BOARD • 2.102.0 l O Established • 2.102.020 Composition • 2.102.030 Reserved • 2.102.040 General Duties • 2.102.050 Bylav,rs • 2.102.060 Operating Policies 2.102.010 Established The City of Huntington Beach hereby creates the Huntington Beach Environmental and Sustainabi lity Board hereinafter referred to as the Environmental and Sustainability Board. (2385 7/79, 11240 12/2 1) 2.102.020 CemeesitieA A. The Environmental and Sustainability Board shall consist of seven voting members, to include five eligible individuals appointed b)' the City Council, plus two City Council liaisons. The C ity Council shall serve as chair and vice chair of the Board, unless the City Council liaison delegates the position to anotl1er board member. B. The members shall serve a term of four years. Members shall have a tenn starting July 1st and expiring June 30th, and present members shall continue in office until June 30th of the year of e~,piration of term. Each member shall serve his or her term, unless remo11ed, or until his or her successor is qualified and appointed. If vacancies shall occur othePNise than by expiration of term, they shall be filled by appointments for the unexpired portion of the term. (2385 7/79, 2392 10/79, 2893 4/87, 3358 7/97, 3924 12/11, 4240 12/21) 2.102.oao Reser\<ed (2385 7/79, 4240 12/21) 2.102.040 GeAeral Damages The Environmental and Sustainability Board 1nay: A . Provide advice and monitor the City's comprehensive Sustainability Master Plan that incorporates water and energy conservation, recourse reco•,rery/waste management, renewable/recycle products, air 748 T the C · 385 7/ ' ' 3 prior 0 • 4 0 12/21) SU lmssteH--.,tOc,-tttaR~dklf3fffl.up.l t.. approval ay and co . rev· the _.__Q oft · c n to th . isode. (2938 5/88 , 42~~ple;~,l~g policies for eoards 749 ORDINANCE NO. 4299 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 2 .111 THEREOF RELATED TO CITIZEN INFRASTRUCTURE ADVISORY BOARD/ PUBLIC WORKS COMMISSION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.111 .020 of the Huntington Beach Municipal Code entitled Authority/Non-Interference is hereby amended to read as follows: The Commission will act in an advisory capacity to the City Council. Nothing in this chapter shall convey any final authority to the Commission pertaining to infrastructure and the Capital Improvement Program (CIP). Except as otherwise provided in this chapter, no member of the CIAB/Public Works Commission shall order, directly or indirectly, the Director of Public Works or his or her staff in the administration or execution of the Director's powers and duties. SECTION 2. That Section 2 .111.030 of the Huntington Beach Municipal Code entitled Duties is hereby amended to read as follows: Pursuant to the City Council direction, the duties of the Commission may include as follows: A. Conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. B. Review and provide comment on the City's comprehensive Tree Management Plan and enhanced landscaping elements. C. Provide annual review and comment on the City's CIP and make a recommendation(s) for City Council approval. D. Review and comment on: 1. The long-term infrastructure maintenance and repair program; and 2. Pipeline permits issued by Public Works staff. E. Review CIP construction change orders that exceed the authori zed change order limit for the project. F. Receive regular reports of active CIP projects. G. Conduct an annual review and performance audit of the Sewer Service Fund. 750 ORDINANCE NO. 4299 H. Recommend to the City Council on an annual basis any fees, rates and/or charges proposed to be modified or added to the sewer service user charge. I. Pursuant to California Vehicle Code Section 21950.5, or its successor statute, the Public Works Commission shall conduct public meetings as necessary to consider the removal of a marked crosswalk or crosswalks on public streets; and based upon the results of such meetings, direct City staff, by motion, to either retain the marked crosswalk(s) or take any necessary steps for removal of the marked crosswalk(s). Any person who disagrees with the decision of the Public Works Commission may, in writing, no later than 10 days after the date of such decision, appeal the decision to the City Council. Such appeal shall be filed with the City Clerk. If a timely appeal is filed, the City Manager shall cause the matter to be set for hearing before the City Council within 30 days. The City Manager shall give the appellant at least 10 days' written notice of the time and place of the City Council hearing. After hearing the appeal, the City Council may affirm, overrule or modify the decision of the Public Works Commission. The decision of the City Council shall be final. If the Public Works Commission's decision is to direct City staff to take the necessary steps to remove a marked crosswalk(s), and, further, if a timely appeal is filed, the decision of the Public Works Commission shall be stayed until the City Council has decided the appeal. If the decision of the City Council directs removal of a marked crosswalk(s), such removal shall not occur until at least 30 days after the City Council's decision. J. Act as the administrative hearing body for appeals following street work construction permit decisions, sewer service user charges, or fair share traffic impact fee made by the Director of Public Works. K. Review and provide comment on the City's sustainability and environmental programs including the Sustainability Master Plan that incorporates water and energy conservation, resource recovery/waste management, renewable/recycle products, air quality, mobility and other pertinent issues that affect the overall sustainability, economic, ecological and social environments of Huntington Beach. L. Review and provide comments on the City's long-term broadband planning efforts. SECTION 3 . That Section 2.11 1.050 of the Huntington Beach Municipal Code entitled Composition is here by amended to read as follows: The CIAB/Public Works Commission shall consist of seven members individually appointed by the City Council. Members shall be residents and electors of the City of Huntington Beach who have special interest, training and/or experience in Public Works matters and environmental science, sustainability, or technology infrastructure. Any vacancies will be filled pursuant to Section 2 .111.070 below. The CIAB/Public Works Commission shall not be officers or employees and strictly adhere to the California Political Reform Act including Government Code Section 1090. 23 -13333/317639 751 ORDINANCE NO. 4299 SECTION 4. That this Ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ________ , 2023. Mayor REVIEWED AND APPROVED: City Manager ITIATED AND APPROVED : ;c ~. Assistant City Nfa nager 2 3-13 333/317639 752 LEGISLATIVE DRAFT HBMC 2.111 Chapter 2.111 CITIZEN INFRASTRUCTURE ADVISORY BOARD/PUBLIC WORKS COMMISSION 2.111.020 Authority/Non-Interference The Commission will act in an advisory capacity to the City Council. Nothing in this chapter shall convey any final authority to the Commission pertaining to infrastructure and~ Capital Improvement Projects Program (CIPs). Except as otherwise provided in this chapter, no member of the CIAB/Public Works Commission shall order, directly or indirectly, the Director of Public Works or hi s or her staff in the administration or execution of the Director's powers and duties. (4242-12/21) 2.111.030 Duties Pursuant to the City Council direction, the duties of the Commission may include as follows: A. Conduct an annual review and performance audit of the -i!nfrastructure fEund and report its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. B. Review and provide comment on the City's comprehensive Tree Management Plan and enhanced landscaping elements. C. Provide annual review and comment on the City's CIP and make a recommendation(s) for C ity Council approval. ("CIPs"). D. Review and comment on: 1. The long-term infrastruch1re maintenance and repair program; and 2. 00 p£ipeline permits issued by Public Works staff. E. Recommend CIPs. F-_E. Review CIP construction change orders that exceed the authorized change order limit for the project. Gf. Receive regular reports of active CIP projects. HQ. Conduct an annual review and performance audit of the ~sewer ~service f fund. lH. Recommend to the City Council on an annual basis any fees, rates and/or charges proposed to be modified or added to the sewer service user charge. J.!. Purs uant to California Vehicle Code Section 21950.5, or it s successor statute, the Public Works Commission shall conduct public meetings as necessaiy to consider the removal o f a marked crosswalk or crosswalks on public streets; and based upon the results of such meetings, direct City staff, by motion, to either retain the marked crosswalk(s) or take any necessary steps for removal of the marked crosswalk(s). Any person who disagrees with the decision of the Public Works 753 Commission may, in writing, no later than IO days after the date of such decis ion, appeal the decis ion to the City Council. Such appeal shall be filed with the City Clerk. If a timely appeal is filed, the City Manager shall cause the matter to be set for hearing before the City Council within 30 days. The City Manager shall give the appellant at least 10 days ' written notice of the time and place of the City Council hearing. After hearing the appeal, the City Council may affirm, overrule or modify the decision of the Public Works Commission. T he decis ion of the City Council shall be final. If the Public Works Commission's decision is to direct C ity staff to take the necessa1y steps to remove a marked crosswalk(s), and, fmther, if a timely appeal is filed, the decision of the Public Works Commission s hall be stayed until the City Council has decided the appeal. If the decision of the City Council directs removal of a marked crosswalk(s), such r e moval shall not occur until at least 30 days after the City Council's decis ion. K,1. Act as the administrative hearing body for appeals following street work construction permit decisions, sewer service user charges, or fair share traffic impact fee made by the Director of Public Works. K. Review and provide comme nt on the C ity's sustainability and environmental programs including the Sustainability Master Plan that incorporates water and energy conservation, resource recovery/waste management, ren ewable/recycle products, air quality, mobility and other pertinent issues that affect the overall sustai nability, economic, ecological a nd social environments of Huntington Beach. L. Review and provide comments on the City's Jong-term broadband p lanning effo1ts . 2.111.050 Composition The CIAB/Public Works Commission shall consist of seven members individually appointed by the City Council. Me mbers shall be residents and electors of the City of Huntington Beach who have s pecial interes t, training and/or experience in Public Works matters and e nvironmental science, sustainability, or technology infrastructure . Any vacancies will be filled pursuant to Section 2.111 .070 b elow. The CIAB/Public Works Commiss io n s h a ll not be officers or employees and strictly adhere to the California Political Reform Act including Government Code Section I 090 . 754 ORDINANCE NO. 4297 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DELETING CHAPTER 2.108 OF THE HUNTINGTON BEACH MUNICIPAL CODE AND DISSOL VINO THE HUNTINGTON BEACH YOUTH BOARD WHEREAS, on August 1, 2023, the City Council of the City of Huntington Beach directed the City Attorney and the City Manager to collaborate to return to City Council with the necessary actions to repeal Chapter 2.108 of the Huntington Beach Municipal Code, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 2.108 of the City of Huntington Beach Municipal Code is deleted. SECTION 2. This ordinance shall be effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: ITIATED AND APPROVED: City Manager 23-1 3333/31 7628 755 LEGISLATIVE DRAFT HBMC 2.108 Chapter 2.108 HUNTINGTON BEACH YOUTH BOARD • 2.108.010 Established • 2.108.020 Composition and Appointment • 2.108.030 Operating Policies • 2.108.040 Bylaws • 2.108.050 Brown Act 2 .108.019 Established The Huntington Beach Youth Board is hereby established to accomplish the follo•Ning objectives: A. To promote Council, City staff and public understanding of the achievements, problems and needs of the City's young people; B. Under Council direction, to enable young people to participate in various City activities and make recommendations to the Council therefor; and C. To promote and encourage increased interest and participation among young people in community affairs. (2921 12/87) 2.108.020 Cempesitien and Appointment A . The Huntington Beach Youth Board shall be appointed by the City Council to serve as an advisory body, composed of the following members who shall serve terms of one year with a maximum of four consecutive terms for any representath,e: 1. One member representing Huntington Beach High School. 2. One member representing Ocean Vie¥,' High School. 3. One member representing BdisoR High S c hool. 4. One member representing Marina High School. 5. Five members chosen from the community at large. B. All members of the Huntington Beach Youth Board shall be em·olled in public schools (grades 8th 12th) and shall be residents of this C ity during their service on the board. As of June 1, 1988, no board member may be a full or part time officer or employee of the City. C. The board shall inform the City Council of any vacancy which may occur and request that such vacancy be filled. (2921 12/87) 756 2 ,108.030 OpeFating Pelicies Eae:eept as ~th_erwise proYided in this chapter, the board shall c01 . and--eomm1ss10ns as set forth in Chapter 2 100 (2921 1fo1m to the operatmg policy for boards · · 12/87) 2.108.040 B\'laws UT' I I fflt➔ t➔e assistance of members of the Cit,, staff th b detern1ine the number and election of offi J . 1' "'~ oa1 d shall promulgate bylaws by which it shall b . r1ce1 s, t 1e r1 equency and f f . us mess. Bylaws shall be su~ect to app1w ·al b , ti C-~1me o its meetings, and the order of its ' Y 1e ity Council. (2921 12/87) 2.108 BFewn Act The board shall be go,·erned bv ti . ,, . ) ( 29 J 1e p10 ♦1s10ns of the Bro", A t (G 21 12/87)Y,n, cC OYernm.ent Code Section 54950 t 'e 757 ORDINANCE NO. 4300 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 2.106 THEREOF RELATED TO FOURTH OF JULY EXECUTIVE BOARD The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the title to Chapter 2.106 of the Huntington Beach Municipal Code entitled is hereby amended to read as follows: Chapter 2.106 INDEPENDENCE DAY BOARD • 2.106.010 Established • 2.106.020 Composition • 2.106.030 Operating Policies • 2.106.040 Staff Cooperation • 2.106.050 Meetings • 2.106.060 Funding • 2.106.070 Officers • 2.106.080 Reserved • 2.106.090 Reserved • 2.106.100 Duties of Committee Chairpersons • 2.106.110 Attendance • 2.106.120 Quorum • 2.106.130 Bylaws SECTION 2. That Section 2.106.010 of the Huntington Beach Municipal Code entitled Established is hereby amended to read as follows: There is hereby established an Independence Day Board which shall be an advisory body to the City Council, implementing policy as set by the City Council, and shall work with staff and volunteers to assist in coordinating the City's annual Fourth of July parade and celebration. SECTION 3. That Section 2.106.020 of the Huntington Beach Municipal Code entitled Composition is hereby amended to read as follows: The Board shall consist of nine to 15 members, appointed by Council upon the recommendation of the Council Liaisons to the Board. The Board may establish committees with committee chairs as necessary to fundraise and provide support for successful coordination of the Fourth of July activities. SECTION 4. That Section 2.106.030 of the Huntington Beach Municipal Code e ntitled Operating Policies is hereby amended to read as follows: Except as otherwise provided in this Chapter, the Board shall conform to the operating policies for boards and commissions as set forth in Chapter 2 .100 of this Code. 758 ORDINANCE NO. SECTION 5. That Section 2.106.040 of the Huntington Beach Municipal Code entitled Staff Cooperation is hereby amended to read as follows: 2.106.040 Staff Liaison The Community and Library Services Department shall provide a staff liaison(s) to the Board. The staff liaison(s) shall be responsible for preparing and posting agenda, taking and distributing minutes, developing and processing the budget, processing contracts/material requisitions, obtaining permits, and coordinating activities among City departments. SECTION 6. That Section 2.106.050 of the Huntington Beach Municipal Code entitled Meetings is hereby amended to read as follows: The Board shall establish meeting dates as needed in the Civic Center or a posted location subject to the Brown Act. SECTION 7. That Section 2.106.060 of the Huntington Beach Municipal Code entitled Funding is hereby amended to read as follows: All revenues and expenses by the Board and from the Fourth of July parade and all the festivities shall be managed in a pre-determined account(s) by the City, subject to City purchasing and contracting policies and procedures. SECTION 8. That Section 2.106.070 of the Huntington Beach Municipal Code entitled Officers is hereby amended to read as follows: The officers of the Board shall be a chair and vice chair. The Board shall elect Officers from its members and such officers shall serve for one year or until their successors are elected. SECTION 9. That Section 2.106.080 of the Huntington Beach Municipal Code entitled Duties of Officers and Committees is hereby amended to read as follows: A. Chair. The chair shall: 1. Serve as the chief officer of the Independence Day Board and shall preside at all meetings of the Board. 2. With the advice of the Board, select all committee chairpersons. 3. . With the advice of the Board, assign responsibilities subject to approval of the Board. 4. Be the official s pokesperson for the Board. B. Vice Chair. The vice chair s hall: 1. Serve as an officer of the Independence Day Board. 23 -11 333/3 17668 759 ORDINANCE NO. 2. In the absence or disability of the chair, to perform all the duties of the chair and, when so acting, shall have all the powers of and be subject to all the restrictions upon the chair. The vice chair shall have other powers and perform such other duties as may be prescribed from time to time by the Board. C. Committee Chair. The Ad Hoc and Standing Committees of the Board shall elect Committee Chairpersons to serve as a leader of the committee, hold meetings as needed, and present recommendations to the Board for action with approval of committee members. SECTION 10. That the title of Section 2.106.090 of the Huntington Beach Municipal Code entitled Duties of Executive Board Members is hereby amended to read as follows: 2.106.090 Reserved. SECTION 11. That the title of Section 2.106.100 of the Huntington Beach Municipal Code entitled Duties of Committee Chairperson is hereby amended to read as follows: 2.106.100 Reserved. SECTION 12. That Section 2.106.110 of the Huntington Beach Municipal Code entitled Attendance is hereby amended to read as follows: Regular attendance at meetings is required to enable the board to discharge its duties. Unless excused, any member who is absent from more than two consecutive meetings, or who is absent from more than one third of the scheduled meetings during a calendar year, shall automatically vacate the office. The chair shall notify and request the Council Liaisons to appoint a new member. All members are encouraged to attend regular Board meetings so their knowledge and expertise may be utilized to the fullest and they can keep abreast of the Board's plans and activities. SECTION 13. That Section 2.106.120 of the Huntington Beach Municipal Code entitled Quorum is hereby amended to read as follows: A. At any meeting of the Independence Day Board, a simple majority shall constitute a quorum for the transaction of business. B. In the event there is no quorum at a meeting, the chair shall adjourn said meeting or shall adjourn to a date certain. SECTION 14. That this Ordinance shall become effective thirty (30) days after its adoption. 23-11333/317668 760 ORDINANCE NO. 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 INITIATED AND APPROVED: Assistant City Manager 2 3-11333/317668 761 LEGISLATIVE DRAFT HBMC 2.106 Chapter 2.106 INDEPENDENCE DAY BOARD FOURTH OF JULY EXECUTIVE BOARD 2.106.010 Established There is h ereby established an Fomth of July Executive Board Independence Day Board which shall be an advisory body to the City Council, implementing policy as set by the C ity Council , and shall work with staff and vo lunteers to assist in coordinating the City's annual Fourth of July parade and celebration. 2.106.020 Composition The -bl!oard shall consist of nine to 15 members, appointed by Council upon the recommendation of the Council Lliaisons to the Bboard. All members of the board shall be residents and electors of the City of Huntington Beach. CouHcil liaisons shall possess the power to remove appointees to the board at any time aHd without cause, aHd appoint ne•N board members subject to the approval of City Council. The -bl!oard wi+l-may establish committees with committee chairs as necessary to implemeHt fundraise and provide support for successful coordination o f the Fomth of July activities. 2.106.030 Operating Policies Except as otherwise stated herein provided in this chapter. the -bl!oard shall conform with to the operating policies established for boards and commissions as set forth in Chapter 2.100 of this Code. 2.106.040 Staff Liaison Ceepet'atien The Community and L ibrary Services Department shall provide a staff liaison(s) to the Board, The staff liaison(s) shall be responsible for preparing and posting agenda, taking and distributing minutes, developing and processing the budget, processing contracts/material requisitions. obtaining permits. and coordinating activities among City departments. The board viill coordiHate •Nith Community Services DepartmeHt staff •.vhose responsibility it ,,•ill be to prepare and post agenda, take and distribute miHutes, de11elop aHd process the budget, process contracts/material reqttisitions, obtain permits, and coordinate activity among City departments. The Community Services Department shall provide a staff liaison to the board. 2.106.050 Meetings The -bl!oard shall establish meeting dates as needed in the City Council Chambers C iv i c Center or a posted location subject t o the Brown Act. 2.106.060 Funding A.ll funds generated by the board v,1ill be deposited by the City. All expenses 1.vill be paid by the City for the Fourth of July parade and celebration subject to City purchasing and contracting policies and prneedures. All revenues and expenses by the Board and form the Fourth of July parade and all the festivities shall be managed in a pre-determined account(s) by the City, subject to City purchasing and contracting policies and procedures. 762 2.106.070 Officers The officers of the bBoard shall be a chair and vice chair. City Council shall appoint the chair and vice chair on an annual basis based upon the recommendations of the Council liaisons and the-beafE:h The Board shall elect Officers from its members and such officers shall serve for one year or until their successors are elected. 2.106.080 Duties of Officers and Committee A. Chair. The chair shall: 1. Serve as the chief officer of the Fourth of July fa:ecutive Board Independence Day Board and shall preside at all meetings of the bI!oard. 2. With the advice of the bI!oard, select all committee chairpersons. 3. With the advice of the bI!oard, assign responsibilities subject to approval of the bI!oard. 4. Be the official s pokesperson for the blloard. B. Vice Chair. The vice chair shall: 1. Serve as an officer of the Fourth ofJuly Thrncutive Board Independence Day Board. 2. In the absence or disability of the chair, to perform all the duties of the chair and, when so acting, shall have all the powers of and be subject to all the restrictions upon the chair. The vice chair shall have other powers and perform such other duties as may be prescribed from time to time by the blloard. C. Committee Chair. The Ad Hoc and Standing Committees of the Board shall elect Committee Chairpersons to ser ve as a leader of the committee. hold meetings as needed, and present recommendations to the Board for actio n w ith approval of committee members. 2.106.090 Reserved. Duties ef E>Eecuti'ie Beard Members Members shall: A. Attend all meetings unless excused by the chair. B. E:x.ecute all duties as assigned. C. Recommend to Council liaisons the removal of any member who has not complied with this chapter of the Municipal Code. (3298 9195 , 3760 2/07) 2.106.100 Reserved. Duties ef Cemmittee Chairpersens Gha-i-fpersons shall: A. Serve as leader of committee. B. Hold meetings as needed. 763 C. With approval of committee members, present recommendations to the board for action. D. Present 'Nritten year end report to the board at the first meeting following the Fourth of July each year. (3298 9/95, 3435 11/99) 2.106.110 Attendance Regular attendance at meetings is required to enable the board to discharge its duties. Any member absent from three consecutive meetings without securing the consent of the chair, or the designee of the chair, shall be deemed to have resigned from the boar4-Unless excused. any member who is absent for more than two consecutive meetings. or who is absent more than one third of the scheduled meetings during a calendar year, shall automatically vacate the office, The chair shall notify the Council liaisons of such resignation and request the Council 1Liaisons to appoint a new member. All members are encouraged to attend regular board meetings so their knowledge and expe1tise may be utilized to the fullest and they can keep abreast of the b!loard's plans and activities. (3298-9/95, 3435-11/99, 3760-2/07) 2.106.120 Quorum A. At any meeting of the Fourth of July faceeutive Board Independence Day Board, a simple majority shall constitute a quorum for the transaction of business. B. In the event there is no quorum at a meeting, the chair shall adjourn said meeting or shall adjourn to a date certain. 764 ORDINANCE NO. 4301 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 13.54 THEREOF RELATED TO SPECIFIC EVENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 13.54.010 of the Huntington Beach Municipal Code entitled Definitions is hereby amended to read as follows: "Director" refers to the Director of Community and Library Services Department and/or his/her designee. "Fourth of July Parade" is that annual parade sponsored by the City of Huntington Beach. "Parade" means any march, parade, procession or public assembly consisting of persons or animals or vehicles or any combination thereof, upon any public or quasi-public street, road, highway, sidewalk, alley, park, parkway, pier, beach, building or other public or quasi-public place, which obstructs or umeasonably interferes with the free passage of vehicular traffic or pedestrian travel. "Parade route" means the entire route of a parade as approved by the Director. "Parkway" means that area between the edge of the roadway and the adjacent property line excluding that area occupied by the sidewalk. Parkway shall also include any area within a roadway which is not open to vehicular travel. "Public property" includes, but is not limited to , sidewalks, parkways, streets, and medians. "Roadway" means that portion of a street improved, designated, or ordinarily u sed for vehicular travel. "Rope" is any rope, ribbon, string, line or other dev ice used to delineate a public area for parade viewing by private parties. "Seat" is any common chair, stool, folding chair, folding stool, bench or similar device whose purpose is seating. "Sidewalk" means any surface provided for the exclusive use of pedestrians. "Specific event" means the temporary use of public property, including, but not limited to, streets, beaches, and parks for any purpose including, but not limited to, events such as art shows, fund-raising events, sidewalk sales, amusement attractions, walkathons, marathon runs, block parties, parades, demonstrations, rallies, protests, picket lines, public assemblies, 765 ORDINANCE NO. 4301 performances, weddings, company events and sporting events, or any combination thereof. This chapter has no application to events that are conducted on private property. "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. "Structure (including grandstand)" is that which is framed or erected. "Grandstand" 1s a structure whose primary purpose is seating. SECTION 2. That Section 13.54.060 of the Huntington Beach Municipal Code entitled Specific Events Committee Established is hereby amended to read as follows:fff 13.54.060 Specific Events Committee and Specific Events Executive Council Committee Established There is hereby established a Specific Events Committee, an internal staff working group composed of representatives of pertinent City departments to discuss the permitting of and any logistical requirements for each proposed event and manage an annual calendar of approved Specific Events and City resources. The Committee may consult with community organizations, as necessary. There is hereby established a Specific Events Executive Council Committee as a Council standing committee, comprised of three City Council members to review and recommend overall policy on Specific Events based on the City Council's priorities. The Community and Library Services Department shall provide staff support to this Council Committee, who shall meet quaiterly or as needed. SECTION 3. That Section 13.54.070 of the Huntington Beach Municipal Code entitled Review of Permit Application by Director is hereby amended to read as follows: Within 30 business days of the filing of the permit application with the Community and Library Services Department, the Director shall either issue the permit, deny the permit, or refer the permit application to the Specific Events Committee for further review. SECTION 4. That Section 13 .54.130 of the Huntington Beach Municipal Code entitled Granting Conditions is hereby amended to read as follows: As a condition to granting such permit, the Director may impose reasonable terms and regulations concerning the time and place of such specific event ; the area and manner of conducting such specific event; the maximum number of persons participating therein; the use of amplified music, the regulation of traffic, if required, including the number and type of vehicles; the number and type of signs, banners, and barricades to be provided by applicant, if any, together with a plan of disposition attached to the application; whether alcohol shall be allowed; and such other requirements as they may find reasonable and necessary for the protection of persons and property. Any change in th e approved plan must be submitted to the Community and Library Services Department and approved by the Director 14 days in advance of the event. All applicable fees shall be paid at least 30 days prior to such event. 23-11 333/3 17670 766 ORDINANCE NO. 4301 SECTION 5. That this Ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ day of ________ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: Cs,ant Ci~ f ,_na_g-e1-· --- 23-11 333/3 17670 767 Chapter 13.54 SPECIFIC EVENTS 13.54.010 Definitions LEGISLATIVE DRAFT HBMC 13.54 "Director" refers to the Director of Community a nd Libraiy Services Department and/or his/her desig nee. "Fourth of July Parade" is that annual parade sponsored by the City of Huntington Beach. "Parade" means any march, parade, procession or public assembly consisting of persons or animals or vehicles or any combination thereof, upon any public or quasi-public street, road, highway, sidewalk, alley, park, parkway, pier, beach, building or other public or quasi-public place, which obstructs or unreasonably inte rferes with the free passage of vehicular traffic or pedestrian travel. "Parade route" means the entire route of a parade as approved by the Director. "Parkway" means that area between the edge of the roadway and the adjacent property line excluding that area occupied by the sidewalk. Parkway shall also include any area within a roadway which is not open to vehicular travel. "Public property" includes, but is not limited to, sidewalks, parkways, streets, and medians. "Roadway" means that po1tion of a street improved, des ignated, or ordinarily used for vehicular travel. "Rope" is any rope, ribbon , string, line or other device used to delineate a public area for parade viewing by private patties. "Seat" is any common chair, stool, folding chair, folding stool, bench or similar device whose purpose is seating. "Sidewalk" means any surface provided for the exclusive use of pedestrians. "Specific event" means the temporary use of public prope1ty, including, but not limited to, streets, beaches, and parks for any purpose including, but not lim ited to, events such as art shows, fund-rai s ing events, s idewalk sales, amusement attractions, walkathons, marathon runs, block parties, parades, demonstrations, rallies, protests, picket lines, public assemblies, performances, weddings, company events and sporting events, or any combination thereof. This chapter has no application to events that are conducted on private property. "Street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. "Structure (including grandstand)" is that which is framed or erected. "Grandstand" is a structure whose prima1y purpose is seating. 768 13.54.060 Specific Events Committee and Specific Events Executive council Committee Established There is hereby established a Specific Events Committee, an internal staff working group composed of representatives of pertinent City departments and community organizations, as appointed by the City Manager, to discuss the permitting of and any logistical requirements for each proposed event and manage an annual calendar of approved Specific Events and City resources. The Committee may consult with community organizations, as necessary. There is hereby established a Specific Events Executive Council Committee as a Council standing committee, comprised of three City Council members to review and recommend overall policy on Specific Events based on the City Council's priorities. The Community and Library Services Department shall provide staff support to this Council Committee, who shall meet quarterly or as needed. 13.54.074 Review of Permit Application by Director Within 30 business days of the filing of the permit application with the Community and Library Services Department, the Director shall either issue the permit, deny the permit, or refer the permit application to the Specific Events Committee for further review. 15.54.130 Permit -Granting Conditions As a condition to granting such permit, the Director may impose reasonable terms and regulations concerning the time and place of such specific event; the area and manner of conducting such specific event; the maximum number of persons participating therein; the use of amplified music, the regulation of traffic, if required, including the number and type of vehicles; the number and type of signs, banners, and barricades to be provided by applicant, if any, together with a plan of disposition attached to the application; whether alcohol shall be allowed; and such other requirements as they may find reasonable and necessary for the protection of persons and property. Any change in the approved plan must be submitted to the Community and Library Services Department and approved by the Director 14 days in advance of the event. All applicable fees shall be paid at least 30 days prior to such event. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-734 MEETING DATE:9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA:Ad Hoc Committee for the Declaration of Policy on Human Dignity PREPARED BY:Catherine Jun, Deputy City Manager Subject: Consider the Ad Hoc Committee’s proposed Policy on Human Dignity Statement of Issue: On August 1, 2023, City Council approved Council Member Burns’ H-Item to form an Ad Hoc Committee to amend the City’s Declaration of Policy on Human Dignity (“Declaration”) and provide recommendations to the City Council for consideration. Financial Impact: There is no fiscal impact. Recommended Action: A) Consider the Ad Hoc Committee’s amended Policy on Human Dignity, and B) Formally dissolve the Ad Hoc Committee. Alternative Action(s): Do not approve the recommended actions, and provide alternate direction. Analysis: On August 1, 2023, City Council approved Council Member Burns’ H-Item (Att. 1) to form an Ad Hoc committee to amend the Declaration (Att. 2) and present it to City Council for approval. The Ad Hoc Committee, comprised of Mayor Pro Tem Van Der Mark and Council Members Burns and McKeon, met in August and prepared an amended Declaration now titled “Policy on Human Dignity”. The Policy was transmitted to the City Manager’s Office for placement on the September 5, 2023 agenda for City Council’s consideration (Att. 3). Environmental Status: City of Huntington Beach Printed on 8/31/2023Page 1 of 2 powered by Legistar™769 File #:23-734 MEETING DATE:9/5/2023 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: Non Applicable - Administrative Item Attachment(s): 1. Policy on Human Dignity - Proposed by Ad Hoc Committee, 2023 2. Declaration of Policy on Human Dignity - 1996 and 2021 3. August 1, 2023 H-Item from Council Member Burns City of Huntington Beach Printed on 8/31/2023Page 2 of 2 powered by Legistar™770 771 EST. 19 0 9 I I C I TY OF HUNT I NGTON BEACH• CA I FORN I A I I / Policy on Human Dignity By the Huntington Beach City Council Huntington Beach is a city whose residents and visitors represent nearly every walk of life , come from many nations , share varied lifestyles , and hold different religious beliefs . This diversity brings to our city a rich and varied cultural heritage . Our citizens honor and respect the diffe,rences that exist in Huntington Beach. When crimes are committed against any citizen , it is considered an act against the entire community. The Huntington Beach City Council declares that everyone should be treated with courtesy and respect. It is the right of every citizen to pursue their daily lives with the knowledge that they should not be physically harmed or verbally abused. The City of Huntington Beach recognizes our responsibility as a community to protect children from abuse of any kind including physical abuse , emotional abuse , exploitation , and sexual grooming . The City of Huntington Beach will recognize from birth the genetic differences between male and female and respect the strengths and benefits of each. Each sex carries advantages and disadvantages that warrant separation during certain activities (ie. sports). We encourage an environment free of hostility and discourage the erasure of either genders separate accomplishments. The Huntington Beach City Council states in the strongest terms that it will vigorously fight criminal activity that risks some one 's freedoms ensured by the United States Constitution and/or violates the laws of our land. It is the City 's stated policy to aggressively pursue a course of investigation , apprehension , prosecution , conviction and/or incarceration of all of those who participate in crimes in our community. We believe in the independence of all people. Participate at your places of worship and community meetings freely and lend your voice in support of treating and respecting all people equally . The forgoing Policy on Human Dignity was adopted by the City of Huntington Beach City Council on September 5, 2023 . Tony Strickland, Mayor Gracey Van Der Mark, Mayor Pro Tern Natalie Moser, Council Member Dan Kalmick, Council Member Rhonda Bolton, Council Member Casey McKeon, Council Member Pat Burns , Council Member A Declaration of Policy About Human Dignity by the Huntington Beach City Council untington Beach is a city whose residents represent every walk of life, come from many nations, share varied lifestyles, and hold different religious beliefs. This diversity brings to our city a rich and varied cultural heritage. Our citizens honor and respect the diversity that exists in Huntington Beach. When acts of hate are committed against any citizen, it is considered an act against the entire community. H he Huntington Beach City Council declares that everyone should be treated with courtesy and respect, regardless of their racial background, their nation of origin, the religion they practice, their sexual orientation, gender or disability status. It is the right of all citizens to pursue their daily lives with the knowledge that they will not be physically harmed or verbally abused. T he Huntington Beach City Council states in the strongest terms that it will vigorously fight criminal activity known as "hate crime" with all of the resources at its disposal. A hate crime is any criminal or attempted criminal act which is motivated by the victim's race, ethnicity, religion, sexual orientation, gender or disability status. It may involve a verbal, written, or physical action that is intended to create emotional suffering, physical harm or property damage. T he City Council warns those who advocate or perpetrate hate not to test the community's resolve to oppose them. It is the city's stated policy to vigorously pursue a course of investigation, apprehension, prosecution, conviction, and incarceration of all those who participate in hate crimes. T n support of this declaration, the City Council sends these messages: I To the community we say, " Believe in the interdependence of all people. Participate at your places of worship and community meetings and lend your voice in opposing hate." To the schools we say, "Continue your programs and curricula which promote respect towards those who are different. Call on resources of the city, the county, the state, and the nation as you engage in the educational process to battle hate." To the parents we say, "Act as positive role models for your children by demonstrating tolerance towards those whose race, nationality, religion, sexual orientation, gender, or disability status may be different from yours. You are the most powerful influence on your children's behavior." To the young people we say, " Educate yourself to the ways of the world and the lessons of history. Develop sensitivity toward the feelings of others. Thus, as you grow into adulthood and become society's leaders, you will be more effective in the fight to preserve man's humanity toward man." e must all remember that a great war was fought in which millions of innocent people lost' their lives as a result of one of the greatest hate crimes in history. It is the martyrdom of those people who should serve to encourage all of us in the fight against hate. We must all become activists in this battle as a living memorial to those who lost their lives. Let us not forget the millions who came before, who but for the absence of strong opposition at an early time, would have lived long, happy, and productive lives. W emember that silence and apathy are the greatest allies of those committing hate crime. If you are a victim or a witness of a hate crime, go to the nearest telephone, cal1 911, and say “I want to report a hate crime.” With those seven words, you will instantly have as an ally the full resources of the city of Huntington Beach and the nearly 200,000 citizens of our city. You are not alone! R ogether, the city of Huntington Beach and its citizens will succeed in their efforts to permanently eliminate all hate crimes. The Huntington Beach City Council declares that it will not tolerate any hate crimes in our community. he foregoing declaration of policy about Human dignity was unanimously adopted by the Huntington Beach City Council on May 6, 1996. T T Attachment 2 - 1996 and 2001 Versions 772 773 CITY OF HUNTINGTON BEACH• CALIFORNIA INCORPORATED 1909 1Jec{aration of Poucy on Jfurnan 'Dignity By the Huntington Beach City Council Huntington Beach is a city whose residents represent every walk of life, come from many nations, share varied lifestyles, and hold different religious beliefs. This diversity brings to our city a rich and varied cultural heritage. Our citizens honor and respect the diversity that exists in Huntington Beach . When acts of hate are committed against any citizen, it is considered an act against the entire community. The Huntington Beach City Council declares that everyone should be treated with courtesy and respect, regardless of their actual or perceived racial background, their nation of origin, the religion they practice, their sexual orientation, gender, gender identity or gender expression, or disability status. It is the right of all residents to pursue their daily lives with the knowledge that they will not be physically harmed or verbally abused. The Huntington Beach City Council states in the strongest terms that it condemns all hate incidents and hate crimes and will vigorously fight criminal activity related to hate with all of the resources at its disposal. A hate incident is the behavior that is motivated by hate or bias towards a person's actual or perceived disability, gender, gender identity, or gender expression, nationality, race or ethnicity, religion or sexual orientation but is not criminal in nature. Typically, these behaviors are protected by the First Amendment right to freedom of expression. If this type of behavior escalates to threats or is carried out against a person or property, or becomes an incitement to commit violence, it would be classified as a hate crime. According to California penal code 422.55, a hate crime is a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, gender identity, or gender expression, nationality, race or ethnicity, religion , sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. It may involve a verbal, written , or physical action that is intended to create emotional suffering, physical harm or property damage. The City Council warns those who advocate or perpetrate hate not to test the community's resolve to oppose them. It is the city's stated policy to vigorously pursue a course of investigation, apprehension, prosecution , conviction, and incarceration of all those who participate in hate crimes. For hate incidents, and in cases where incarceration or prosecution is not sought or granted, the City Council strongly supports alternatives to carceral punishment, which gives an opportunity to repair harm within the community where and if possible. In support of this declaration, the City Council sends these messages: To the Community To the community we say, "Believe in the value of interdependence of all people. Every member of our community has the right to be treated with dignity and it is our collective responsibility to ensure this is nonnalized behavior. Participate at your places of worship community meetings, and wherever you are; lend your voice in opposing hate." To the Schools To the schools we say, "Continue fostering safe environments of learning and care. Encourage curiosity and keep developing programs and curricula that promote respect, inclusion, and acceptance towards all. Call on resources of the city, the county, the state, and the nation as you engage in the educational process to combat hate/' To the Parents To the parents we say, "Act as positive role models for your children by demonstrating inclusion and acceptance of those whose race, nationality, religion, sexual on'entation, gender, gender identity, or gender expression, or disability status may be different from yours. You are the most powerful influence on your children's behavior." To the Youth To the youth we say, "Educate yourself to the ways of the wor1d and the lessons of history. Develop sensitivity towards the feelings of others. Thus, as you grow into adulthood and become society's leaders, you will be more effective in the fight to preserve our humanity." Do not ignore history. What we do should be a monument to all who have lost their lives because of hatred. We must all become activists in this battle as a living memorial. Remember that silence and apathy are the greatest allies of those committing hate crimes and initiating hate incidents. If you are a victim or a witness of a hate crime or hate incident, call 9-1-1, and say, "I want to report a hate crime." With those seven words, you will instantly have as an ally the full resources of the city of Huntington Beach and the nearly 200,000 residents of our city. You are not alone! Together, the city of Huntington Beach and its residents will promote a city that welcomes all and vigilantly-protects against hate crimes and hate incidents. The Huntington Beach City Council declares that it will not tolerate any hate crimes or hate incidents in our community. The previous Declaration of Policy about Human Dignity was unanimously adopted by the Huntington Beach City Council on May 6, 1996 in response to brutal hate crimes in Huntington Beach resulting in the murder of Vernon Flournoy and attempted murder of George Mondragon by members of white supremacist groups. The matter of hate incidents and hate crimes, which are numerous and pernicious, do much to degrade the quality of life for all in our community. Now known as Declaration of Policy on Human~! was adopted by the Huntington Beach City Oouncil on November 16 , 2021 Kim Carr, Mayor Rhonda Bolton, City Council Member U, -fWJv c::: ber Erik Peterson, City Council Member CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: PAT BURNS, COUNCIL MEMBER DATE: AUGUST 1, 2023 SUBJECT: AMENDING THE DECLARATION OF POLICY ON HUMAN DIGNITY ISSUE STATEMENT On November 16, 2021, the HB City Council adopted the “A Declaration of Policy About Human Dignity” of May 6, 1996 be amended and renamed “Declaration of Policy on Human Dignity”. I am requesting that the HB City Council amend this document. The November 16, 2021 amendment included significant revisions to the language of the May 1996 Declaration. I believe that it is time for amendments to be made to the November 16, 2021 Declaration. RECOMMENDED ACTION I am recommending that the City Council amend the Declaration of Policy on Human Dignity through an Ad Hoc committee of three City Council members appointed by the Mayor; and, the amendments to the Declaration of Policy on Human Dignity be presented at a future City Council Meeting, October 3, 2023 to the City Council for approval of the newly amended Declaration of Policy on Human Dignity. STRATEGIC PLAN GOAL Not applicable 774 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-732 MEETING DATE:9/5/2023 Subject: Submitted by Council Members McKeon and Burns - Develop Proposal for E-Bike Licensure and Use Regulations Recommended Action: While this is a concept in development, direct the City Manager to work with the Police Department and the City Attorney to develop a proposal for e-bike licensure and use regulations. The proposal should return to City Council in November. The following concepts should be addressed, if possible, in the proposal that returns to Council: ·Require a city license to operate an electric bicycle within city limits unless the rider possesses a valid driver’s license. o Establish a fee for license (akin to a business license) ·Mandate rental businesses to require customers renting e-bikes to view a safety video in order to have a one-day license or show proof of a valid driver’s license. ·Explore enforcement options for PD o Revising current HBMC to assist officers with enforcement efforts - see if our HBMC can "follow" or "borrow" rules and enforcement from the California Vehicle Code. o New HBMC for “pocket bikes” (Surrons) o Higher fine structures, bike impounding etc. Attachment(s): 1. Burns and McKeon - Develop Proposal for E-Bike Licensure and Use Regulations City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™775 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: COUNCIL MEMBERS PAT BURNS AND CASEY MCKEON DATE: SEPTEMBER 5, 2023 SUBJECT: DEVELOP PROPOSAL FOR E-BIKE LICENSURE AND USE REGULATIONS ISSUE STATEMENT The use of electric bicycles - commonly known as "e-bikes" - has proliferated in our community. E-bikes are ridden by adults and children of nearly all ages and on nearly every type of ground surface - through parks, bike lanes, bike paths, boardwalks, parking lots, streets, etc. Many of the riders of minor age have not received the kind of driver's training, testing, or licensing that adults have and therefore, they are not educated on the rules of the road for handling vehicles, nor are they aware of the dangers. In addition, many e-bikes travel at a rate of 28 mph, and many modified “motorized bicycles” travel at speeds close to 60 mph. Because of a lack of regulation and oversight at the State level, e-bikes have not only become a nuisance to drivers but those driving the e-bikes have become a danger to vehicles and a danger to themselves. The number of collisions between e-bikes and vehicles has increased in the City, the severity of the collisions and personal injuries has increased, and vehicle traffic has been forced to slow or take alternative paths because e-bike drivers are in the roadways. While we believe in small, unobtrusive government, regulation and oversight does become necessary when certain conduct, such as unregulated use of e-bikes, causes disorder on our roadways and pathways, and an increase in injuries to those in our community. As such, we are recommending that the City look at options to implement a new program to require licenses to ride/operate e-bikes in the City, which would require a certain amount of training to obtain, and to update our Municipal Code in ways to allow our Police Department to enforce certain rules of the road for e-bike riders without a valid driver’s license. RECOMMENDED ACTION While this is a concept in development, direct the City Manager to work with the Police Department and the City Attorney to develop a proposal for e-bike licensure and use regulations. The proposal should return to City Council in November. The following concepts should be addressed, if possible, in the proposal that returns to Council: • Require a city license to operate an electric bicycle within city limits unless the rider possesses a valid driver’s license. o Establish a fee for license (akin to a business license) • Mandate rental businesses to require customers renting e-bikes to view a safety video in order to have a one-day license or show proof of a valid driver’s license. • Explore enforcement options for PD 776 Council Member Item – E-Bikes (Burns and McKeon) September 5, 2023 Page 2 of 2 o Revising current HBMC to assist officers with enforcement efforts - see if our HBMC can "follow" or "borrow" rules and enforcement from the California Vehicle Code. o New HBMC for “pocket bikes” (Surrons) o Higher fine structures, bike impounding etc. STRATEGIC PLAN GOAL Fiscal Sustainability & Public Safety 777 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-731 MEETING DATE:9/5/2023 Subject: Submitted by Mayor Strickland and Council Members Burns and McKeon - Move to Censure Council Member Moser Recommended Action: By Minute Order, or majority vote of City Council tonight, censure Councilwoman Moser for the aforementioned statements and hostile/personal escalation made at the Council Meeting on August 1, 2023; that those statements and hostile/personal escalation be deemed "inappropriate," declare that they are not the views/statements of the City Council, and serve as a reminder that those types of statements and hostile/personal escalations do not meet either professional decorum required at City Council nor the goals of the Declaration of Policy of Human Dignity. Attachment(s): 1. Strickland, Burns, McKeon - Move to Censure Council Member Moser City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™778 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: TONY STRICKLAND, MAYOR PAT BURNS, CITY COUNCIL MEMBER CASEY MCKEON, CITY COUNCIL MEMBER DATE: SEPTEMBER 5, 2023 SUBJECT: MOVE TO CENSURE COUNCIL MEMBER MOSER ISSUE STATEMENT At the end of the City Council Meeting conducted on August 1, 2023, there was a Council discussion about an H Item brought by Councilman Pat Burns regarding directing updates to the City's Declaration on Human Dignity. Part of that recommendation by Councilman Burns was to create a Council Ad Hoc Committee to review the current Declaration and make recommendations for updates at a future Council Meeting. Mayor Pro Tem Van Der Mark was then appointed (along with Council Members Burns and McKeon) by Mayor Strickland as a member of the Ad Hoc Committee. Councilmember Natalie Moser began to directly question Mayor Pro Tem Van Der Mark's qualifications to participate on the Ad Hoc Committee citing allegations of Holocaust denial and association with "Proud Boys." The questioning by Moser evolved into her own accusations and inappropriate statements toward Mayor Pro Tem Van der Mark directly at a public City Council Meeting. Those inappropriate statements include: Disrespectfully: "This person's [Van Der Mark's] qualifications..." Disrespectfully: “If this person [Van Der Mark] is going to be involved in determining, in the amending of this document…” Personally: "…that you have questioned if the Holocaust has happened"[said to Van Der Mark]... "It’s been brought up and I have never heard it being responded to." Personally: "…being associated with a Proud Boy [Van Der Mark]...Proud boys are considered a "hate group"…”How can you, as someone [Van Der Mark] that has been associated with that…” These questions evolved into a hostile exchange, which many have characterized as a "fight" at City Council by Moser and Van Der Mark. It was personal, it lacked decorum, and Councilwoman Moser's attempt to call into question Mayor Pro Tem's qualifications was entirely inappropriate. The voters already qualified Mayor Pro Tem Van Der Mark to serve on the City Council in the November 2022 election. Mayor Pro Tem Van der Mark received 33,833 votes in that election where slightly more than 70,000 ballots were cast. And all of this occurred on the topic of the Declaration of Policy of Human Dignity, which espouses respect, civility, and tolerance, among other things. The aims of the Declaration itself were dishonored by Councilwoman Moser's statements on August 1, 2023. Also, this behavior most likely violates our Code of Ethics on how we should respect each other that serve the City of Huntington Beach. This type of challenge by Moser of Van Der Mark during a City Council Meeting is disruptive, inappropriate, it undermines professional decorum, and is unacceptable. To that end, Councilwoman Moser should be censured by this City Council. While Councilwoman Moser has her First Amendment 779 ~ ~ IIUNT ING IO N U .\Clt rights, so does this City Council. (Holbrook v. City of Santa Monica (2006) 144 Cal.App.4th 1242; instructing that "the Board's [censure] resolution is clearly within the scope of CCP 425.16(e), "which defines the City Council's First Amendment Speech in part as "any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law...") We recommend that Councilwoman Moser be censured by Minute Order, by majority vote here tonight. This is not intended to be a punishment or to limit Councilwoman Moser's First Amendment speech, but this vote will be the City Council's exercise of its own speech to disavow Councilwoman Moser's inappropriate statements and hostile/personal escalation made on August 1st, to formally deem those statements and that hostile/personal escalation as "inappropriate," and that such inappropriate statements and hostile/personal escalation do not represent the opinion or statements of the Council majority. (See Whitener v. McWatters (4th Cir. 1997) 112 F.3d 740; also Zilich v. Longo(6th Cir. 1994) 34 F.3d 359, 364). RECOMMENDED ACTION By Minute Order, or majority vote of City Council tonight, censure Councilwoman Moser for the aforementioned statements and hostile/personal escalation made at the Council Meeting on August 1, 2023; that those statements and hostile/personal escalation be deemed "inappropriate," declare that they are not the views/statements of the City Council, and serve as a reminder that those types of statements and hostile/personal escalations do not meet either professional decorum required at City Council nor the goals of the Declaration of Policy of Human Dignity. STRATEGIC PLAN GOAL Not applicable 780 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-738 MEETING DATE:9/5/2023 Subject: Submitted by Mayor Pro Tem Van Der Mark - Resolution Declaring City to be a “No Mask and No Vaccine Mandate” City Recommended Action: The City ban broad (universal) mask and vaccine mandates; City Manager to return to Council with a Resolution at the next regular meeting declaring the City to be a "no mask and no vaccine mandate City" as a response to COVID-19 or any variants. Individuals, whether at City Hall or in the private sector, should have a right to choose whether to wear a mask or get vaccinated or boosted. Attachment(s): 1. Van Der Mark - Resolution Declaring City to be a “No Mask and No Vaccine Mandate” City City of Huntington Beach Printed on 8/31/2023Page 1 of 1 powered by Legistar™781 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: CITY COUNCIL FROM: GRACEY VAN DER MARK, MAYOR PRO TEM DATE: SEPTEMBER 5, 2023 SUBJECT: RESOLUTION DECLARING CITY TO BE A “NO MASK AND NO VACCINE MANDATE” CITY ISSUE STATEMENT In 2020 and 2021, National, State, and Local governments throughout the country imposed "mask-wearing mandates" and "vaccine mandates" on the American people in response to the COVID-19 pandemic. However, when the pandemic broke out in February of 2020, the nation's leading "expert" on the COVID-19 response, Dr. Anthony Fauci, wrote that masks were "not really effective." (Newsweek, "Fauci Said Masks 'Not Really Effective in Keeping Out Virus,' Email Reveals," June 2, 2021). In 2023, in retrospect of the COVID-19 response related to mask wearing, we learned that the "CDC exaggerated the evidence for masks to fight COVID." (Chicago Sun Times, "New research shows CDC exaggerated the evidence for masks to fight COVID," February 8, 2023). In addition, studies show that COVID vaccines lost effectiveness over time. (LA Times, "Study shows dramatic decline in effectiveness of all three COVID-19 vaccines over time," November 4, 2021). Also in 2020 and 2021, the City of Huntington Beach imposed, among other things, broad (universal) mask- wearing mandates at City Hall and it encouraged the community to follow broad mask-wearing mandates issued by the State of California. Businesses throughout the City imposed a requirement to enter or patronize by showing a "proof of vaccination" card. Those mandates, like many of the other COVID-19 response restrictions, unnecessarily limited the freedoms of the citizens of Huntington Beach - even those who were not around anyone who tested positive for COVID-19 or at risk of any exposure. And, as we know now, with little to no effectiveness on the spread of COVID-19. With the increase in reports that there now may be a COVID resurgence and spread by a new COVID-19 variant, and additional discussion of possible new broad (universal) mask-wearing mandates and pushes for vaccination boosters, the City Council of Huntington Beach should take a stand against government imposing on individual liberties and broadly imposing response measures on individuals that have been proven to have little or no effectiveness. The City should ban broad (universal) mask and vaccine mandates by declaring the City to be a "no mask and no vaccine mandate City." An exception to this rule only applies to those who have tested positive for COVID. Otherwise, those individuals not directly at risk of direct exposure should have a right to choose whether to wear a mask or not, or whether to get vaccinated or not, and if someone chooses to, they should be allowed to. RECOMMENDED ACTION The City ban broad (universal) mask and vaccine mandates; City Manager to return to Council with a Resolution at the next regular meeting declaring the City to be a "no mask and no vaccine mandate City" as a response to COVID-19 or any variants. Individuals, whether at City Hall or in the private sector, should have a right to choose whether to wear a mask or get vaccinated or boosted. STRATEGIC PLAN GOAL Not Applicable 782