HomeMy WebLinkAbout2023-09-19 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council
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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 19, 2023
Council Chambers
2000 Main Street
Huntington Beach, CA 92648MAYOR AND CITY COUNCIL
TONY STRICKLAND, Mayor
GRACEY VAN DER MARK, Mayor Pro Tem
RHONDA BOLTON, Councilmember
PAT BURNS, Councilmember
DAN KALMICK, Councilmember
CASEY McKEON, Councilmember
NATALIE MOSER, Councilmember
STAFF
AL ZELINKA, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
AGENDA September 19, 2023City Council/Public Financing
Authority
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) - The Mayor will facilitate a
voluntary opportunity for members of the Huntington Beach City Council to individually
make brief comments to the public. Please note that the Brown Act does not allow for
lengthy comments, discussion, or action on topics that are not on the agenda.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO STUDY
SESSION OR CLOSED SESSION ITEMS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION OR 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.
STUDY SESSION
23-7631.Mobility Implementation Plan - HB in Motion Survey Results
RECESS TO CLOSED SESSION
CLOSED SESSION
23-7602.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.
23-7673.LIABILITY CLAIM. (Section 54954.5(d).) Claimant: Elizabeth Lovat;
Page 1 of 6
AGENDA September 19, 2023City Council/Public Financing
Authority
Claim No. COHB-23-0152. Agency claimed against: City of
Huntington Beach.
23-7614.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Al Zelinka, City
Manager and Melanie Chaney, Chief Negotiator; also in attendance:
Jose Rodriguez, Human Resources Manager; Theresa St Peter,
Interim Director of Human Resources; Travis Hopkins, Assistant City
Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief
and Sunny Han, Chief Financial Officer. Employee Organization: The
Huntington Beach Firefighters’ Association (HBFA).
23-7625.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).
23-7736.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section
54957.6.) Agency designated representatives: Al Zelinka, City
Manager; Travis Hopkins, Assistant City Manager; Melanie Chaney,
Chief Negotiator; Theresa St. Peter, Interim Human Resources
Director; Sunny Han, Chief Financial Officer; Eric Parra, Police Chief;
and Jose Rodriguez, Human Resources Manager. Employee
Organization: Huntington Beach Police Officers’ Association
(HBPOA).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
PLEDGE OF ALLEGIANCE
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
Page 2 of 6
AGENDA September 19, 2023City Council/Public Financing
Authority
faith or belief. Neither the City nor the City Council endorses any particular religious belief or form
of invocation.
23-7477.Huntington Beach Police and Fire Chaplain Roger Wing
CLOSED SESSION REPORT BY CITY ATTORNEY
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3-Minute Time Limit)
At this time, the City Council will receive comments from members of the public regarding any
topic, including items on the open session agenda. Individuals wishing to provide a comment
may do so in person by filling out a Request to Speak form delivered to the City Clerk. All
speakers are encouraged, but not required to identify themselves by name. Each speaker may
have up to 3 minutes unless the volume of speakers warrants reducing the time allowance.
Please note that the Brown Act does not allow discussion or action on topics that are not on the
agenda. Members of the public who would like to speak directly with a Councilmember on an
item not on the agenda may consider scheduling an appointment by contacting the City Council's
Administrative Assistant at (714) 536-5553 or emailing the entire City Council at
city.council@surfcity-hb.org.
While the City Council welcomes public involvement and supports and defends free speech, the
City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not
protected free speech. Those comments will not inform nor be considered by the City Council and
may be cause for the Mayor to interrupt the public speaker. Such public comments will not be
consented to or otherwise adopted by the City Council in its discussions and findings for any
matter tonight.
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS
Councilmembers may make brief announcements on any appointments made to a board,
committee, or commission. Councilmembers may not discuss or take any action on these
announcements. Announcements are limited to 1 minute.
AB 1234 REPORTING
Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting,
conference, or similar event at the expense of the City must provide a brief report of the meeting,
conference, or similar event during the next regular City Council meeting. Reports are limited to 1
minute.
OPENNESS IN NEGOTIATION DISCLOSURES
Councilmembers must publicly disclose any meetings or communications with City employee
associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute
and must be made by the next regular City Council Meeting.
Page 3 of 6
AGENDA September 19, 2023City Council/Public Financing
Authority
CITY MANAGER'S REPORT
23-7648.Quarterly Homeless Report
CONSENT CALENDAR
CITY CLERK
23-6929.Request to approve reappointments of Jerry Person as City
Historian, and Kathie Schey as City Archivist, each to serve a
four-year term commencing on September 23, 2023, and ending on
September 23, 2027
A)Approve the reappointment of Jerry Person as City Historian, to serve a four-year term
commencing on September 23, 2023, and ending on September 23, 2027; and
B)Approve the reappointment of Kathie Schey as City Archivist, to serve a four-year term
commencing on September 23, 2023, and ending on September 23, 2027.
Recommended Action:
COMMUNITY DEVELOPMENT
23-73610.Annual Community Development Block Grant and HOME Investment
Partnerships Grant End-of-Year Progress Report to the U.S.
Department of Housing and Urban Development
A) Adopt the FY 2022-23 Consolidated Annual Performance and Evaluation Report for
Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) federal entitlement grant funds; and,
B) Authorize the City Manager to transmit the CAPER to HUD by September 28, 2023.
Recommended Action:
FIRE DEPARTMENT
23-74011.Consider the Harbour Commission’s recommendation regarding
proposed changes to Code of Federal Regulations affecting public
navigation through Anaheim Bay
A) As recommended by the Harbour Commission, provide input to Naval Weapons Seal
Beach regarding proposed changes to CFR Section 334.930, indicating that the City
concurs with the proposed changes, with an amendment specifying that only vessels with
California Boat/Vessel Registration be allowed to transit through the Anaheim Bay public
navigation channel; and,
Recommended Action:
Page 4 of 6
AGENDA September 19, 2023City Council/Public Financing
Authority
B) Authorize the Mayor to submit a letter to the Commanding Officer of Naval Weapons
Station Seal Beach specifying that the City concurs with the proposed CFR changes with
the recommended amendment.
POLICE DEPARTMENT
23-78012.Approve Responses to the 2022-2023 Orange County Grand Jury
Reports Related to Animal Welfare
A)Approve the City’s responses to findings and recommendations posed by the Orange
County Grand Jury related to animal welfare; and
B)Authorize the City Manager to submit the City ’s responses to the Presiding Judge of
the Superior Court.
Recommended Action:
PUBLIC WORKS
23-69613.Authorize the Mayor and City Attorney to execute Cooperative
Agreement No. C-3-2654 between the Orange County Transportation
Authority and the City of Huntington Beach for the I-405
Improvement Project
Authorize the Mayor and City Attorney to execute Cooperative Agreement No. C-3-2654
between the Orange County Transportation Authority and the City of Huntington Beach for
the I-405 Improvement Project
Recommended Action:
23-72514.Approve and authorize execution of the Second Amendment to Site
License Agreement between the City of Huntington Beach and
T-Mobile West LLC, for a Wireless Communications Facility at Fire
Station 6-Edwards
Approve and authorize the Mayor and City Clerk to execute the “Second Amendment to
the Site License Agreement between T-Mobile West LLC and the City of Huntington
Beach for the wireless communications facility at Fire Station 6 - Edwards,” based on the
terms and conditions as presented herein.
Recommended Action:
23-73515.Accept the lowest responsive and responsible bid and authorize the
execution of a construction contract with Oppenheimer National for
$134,387.26 for the Police Canine Facility, CC1744 and approve an
appropriation from the Police Facilities Development Impact Fund
Recommended Action:
Page 5 of 6
AGENDA September 19, 2023City Council/Public Financing
Authority
A)Accept the lowest responsive and responsible bid submitted by Oppenheimer National
in the amount of $134,387.26; and,
B)Approve a budget appropriation in the amount of $147,826 from Police Facility
Development Impact Funds to account 22770106.82800; and,
C)Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
23-74516.Accept bid and authorize execution of a construction contract with
Applied Restoration, Inc. in the amount of $754,451.80 for the
construction of Goldenwest St. and Graham St. Bridge Maintenance
Project, CC-1713
A)Accept the lowest responsive and responsible bid submitted by Applied Restoration ,
Inc. in the amount of $754,451.80; and,
B)Authorize the Mayor and City Clerk to execute a construction contract in a form
approved by the City Attorney.
Recommended Action:
ORDINANCES FOR INTRODUCTION
23-75017.Approve for introduction Ordinance No. 4302 amending Huntington
Beach Municipal Code (HBMC) Chapter 10.84 relating to bicycle
regulations
Approve for introduction Ordinance No. 4302, “An Ordinance of the City Council of the City
of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code
Relating to Bicycle Regulations.”
Recommended Action:
ADJOURNMENT
A special meeting of the Huntington Beach City Council will be held on Thursday, September 21,
2023, at 6:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach,
California.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Tuesday, October 3, 2023, in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT:
http://www.huntingtonbeachca.gov.
Page 6 of 6
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-763 MEETING DATE:9/19/2023
Mobility Implementation Plan - HB in Motion Survey Results
City of Huntington Beach Printed on 9/14/2023Page 1 of 1
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HUNTINGTON BEACH
MOBILITY IMPLEMENTATION PLAN (MIP) – HB IN MOTION
COUNCIL BRIEFING
SEPTEMBER 19, 2023
!@l ® ...... a_i~
IN MOTION
AGENDA
1.Discuss Public Feedback
2.Discuss Improvements
Bicycle Recommendations
Pedestrian Recommendations
Beach Path Recommendations
E-Bike Education and Enforcement Policy Recommendations
PROJECT GOALS
Balance: Balancing the best mobility interest of residents, visitors,
and emergency services is critical for every vibrant city.
Implementation lens: Identify strategies and implementable system
improvements that help facilitate a balanced and equitable
transportation system our residents, businesses and visitors with
spectrum of practical mobility options.
Future proofing: Where bike lanes were once occupied exclusively by
people on bikes, they are now home to people riding electric scooters,
motorized skateboards, and micromobility devices (with new devices
being introduced regularly).
GUIDING PRINCIPLES
Improve citywide bicycle and
pedestrian network options
and safety for all users
Improve the comfort and
design of the Beach Path for
all users
Build upon the City’s long
term mobility pedestrian,
bicycle, and transit planning
efforts
PROJECT TIMELINE
Project Website: www.hbmobility.com
May 2022 - Present
Public Survey I
February 2022 – August 2022
Council Briefing / Study Session
August 2022
Public Meeting
October 2022
Public Survey II
May 2023 - Present
Council Briefing / Study Session to discuss draft recommendations
September 2023
Public Meeting to discuss draft recommendations
Fall 2023
I • I • I • I • I • I • I • I
REVIEW EXISTING CONDITIONS AND PUBLIC FEEDBACK
Phase I Survey Results
February 2022 – August 2022
General Results
•860+ survey responses
•93% of respondents live in HB
•Other than driving, respondents
prefer to access destinations via
active transportation
•81% prefer to bike
•74% prefer to walk
•Close split between pedestrian and
biking on the Beach Path
Why it Matters
•Strong understanding of broad community
consensus for multiple categories
2. Besides driving, h ow do you prefer to access desti n ations ir. Huntington Beach? [Se lect all that
apply]
Value Percent Responses
Transit 7.6% 29
Bike 81.4% 311
Scooter 3.7% 14
Wa lk 73.6% 281
Taxi/Ub er ■ 14.7% 56
Non e 2.6% 10
Technical Analysis
Challenges at the arterials for bikes and
pedestrians once they reach major
intersections
Need for a holistic network to bridge the gaps
that are inhibiting
89% of intersections operate at LOS C or
higher
Opportunity to provide balance to allow for
more mobility choice for residents and
visitors
Level of Traffic
Stress (L TS)
-LTS1
-LTS2
Pacific
Ocean
Square
Regional
Park
WHAT WE HEARD | PHASE II SURVEY
Demographics of respondents
Value Percent Responses
Under18 8 .2% 34 -
18-25 4 .1% 17
•
25 -34 10.6% 44 -
35-44 19.2% 80
45-54 15.1% 63
55-64 23.3% 97
65+ 19.7% 82
Totals: 417
WHAT WE HEARD | PHASE II SURVEY
Other than driving, respondents prefer to access
destinations via walking and bike / e-bike
Beach Path Feedback
Very strong positive sentiment toward: separated beach
path (81%), beach path ped crosswalk (78%),slow
zones (70%)
Strong/moderate support for speed feedback signs
(56%), 10 mph speed limit (54%)
On-Street Bike Facilities
Top three preferred on-street bike facility types:
separated bike lane (Delaware), Parking Protected Bike
Lane (Springdale), and Buffer Bike Lane (Algonquin)
Top 3 separated bike lane separatory type: Planted
Buffer, Planter, Raised Median On-Street Bike Facility Separatory Types
Planted Buffer
Bollard
Segmental Divider
Parking
Raised Median
WHAT WE HEARD
Perception of E-Bike on Roadways
Perception of E-bikes on Beach Path
Key takeaways:
46% find e-bikes to be an issue
33% do not find e-bikes to be
an issue
Key takeaways:
53% find e-bikes to be an issue
27% do not find e-bikes to be
an issue
Va lue
I do not fi nd them t o be an issue
I am neurtra l
I find them to be an issure
Va ll ue
I do not find them t o be a n issue
I am neutra l
I find them to be an issue
Percent
32.7%
21 .5%
45.8%
Percent
26 .5%
20 .6%
53 .0%
-
-
Responses
105
69
147
Totals: 321
Responses
85
66
170
Totals: 321
WHAT WE HEARD
Red indicates areas of
Huntington Beach where
improvements are
needed the most based
on respondent feedback
Bikeway Improvements Pedestrian Improvements
Pildu L'll l'llkiMI
Ocean
E,isi.,ig B ~ F~il,ties
oa~s 1
-Dass I -Bile Lene ---Clase I -Buffered C<ke L.ar>:! -= Class I I Shared Lan;! --Clas~ IV • Sepa'i111!d :,.ke'way
2ml [I.!
Hun ngtoo ~iK!I -Ir, Plan
WHAT WE ARE EXPERIENCING
Reality of Conditions
Family biking on
Warner toward USPS
Older couple on e-bikes
travel to/from errands
Youth on e-bikes; youth
walking to/from school
Pedestrian + Bicyclist +
Scooter conflicts on the
beach path
Beach Path Bike Facilities
BICYCLE, PEDESTRIAN, AND BEACH PATH RECOMMENDATIONS
BICYCLE RECOMMENDATIONS
TOOLKIT
Toolkit Mobility Implementation Plan
Bicycle
Treatments
Pedestrian
Treatments
Beach
Path
Treatments
TOOLKIT
Near Term
"Low Hanging Fruit"
Phasing Needed
"Transformative"
Buffered Bike Lane
Leading Ped Interval
Mid-Block Flashers
Separated Bike Lane
Shared Use Path (Separated)
Median Refuge Island
Atlanta
Springdale
Beach PathEdwards
Heil (soon), and Edinger (soon)
BICYCLE NETWORK
Phase 1 Focus Areas; 1 to 5 yearsExisting Network 2023
Data Source: Toole Design
2023; City GIS 2023
Phase 2 Focus Areas; 5 to 10 years
Conventional Bike Lane
Separated Bikeway /
Buffered Bike Lane
Existing Bike Facilities
PEDESTRIAN RECOMMENDATIONS
PEDESTRIAN FOCUS AREA IDENTIFICATION FACTORS
1.City Input:City-informed priority intersections and corridors
2.Crashes:Corridors with high bicycle and pedestrian collisions
3.Crossing Distance:Wide gaps between crossing opportunities
4.LTS: High pedestrian stress intersections
5.High Pedestrian Stress Corridor:High pedestrian stress corridors
6.Transit:High ridership transit stops
7.Population Density: Top percentile population density by census
tract
8.Vulnerable Populations:Land use accessed by vulnerable
populations (schools,senior centers, and parks)
9.Destinations:Popular destinations and generators
(supermarkets and commercial land uses)
PEDESTRIAN FOCUS CORRIDORS
Corridor Grouping Overlapping Factors
Atlanta / Magnolia /
Hamilton*Destinations, Vulnerable Populations, LTS
Algonquin / Warner /
Saybrook*LTS, Population Density, Crossing Distance
PCH / 17th LTS, Population Density, Destinations, Transit
Edinger High Pedestrian Stress Corridor, Crashes,
Transit, LTS, Destination
Beach Transit, Pedestrian High Stress Corridor,
Crashes, Population Density, LTS
Goldenwest High Pedestrian Stress Corridor, Vulnerable
Populations, Destinations, Crossing Distance
Brookhurst /Indianapolis*High Pedestrian Stress Corridor, Transit,
Destinations, Population Density
*Overlaps with bicycle corridor recommendations
JL
Pedestrian Corridors
Edinger Aven ue ----
At lanta Ave nue/ Magnolia Street/ Hamilton Aven ue
Beach Bo ul evard
Golde nwes t Street
Warner Avenue/ Algonquin St ree t/ Saybrook Lane -Brookhu rst Street / Indianapolis Aven ue
Pacific Coast Highway/ 17th Street
@) Ped es tri an Corr id or Ph asin g
0.5 1.5 2mi
Huntington Beach Mobility Plan
BEACH PATH RECOMMENDATIONS
BEACH PATH NETWORK DEVELOPMENTS Beach Path Peak Hour
New Path Separation
User Typologies
Observations Developments
•Field Visits
•Data
Collection
•Speed
Control
•User Space
Separations
BEACH PATH EXAMPLE TREATMENTS
Speed Feedback Sign
Existing Bluff
Path SeparationRumble Strips
Conflict Markings Speed Limit 10 MPH Separation Typologies
E-BIKE EDUCATION + ENFORCEMENT POLICY RECOMMENDATIONS
How can Huntington Beach promote e-bike use as a sustainable, safe mode of
transportation while mitigating safety risks associated with bad behavior?
E-BIKE EDUCATION + ENFORCEMENT POLICY RECOMMENDATIONS
25
Proposed Recommendations:
Clear Policy
Safe and Future-Focused Bike Infrastructure and Signage
Education
Data Collection
Regulation/Targeted Enforcement
NEXT STEPS
Council Briefing / Study Session to discuss draft recommendations
Public Meeting to discuss draft recommendations
Adoption of Mobility Plan
I •
•
• I
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-760 MEETING DATE:9/19/2023
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 9/14/2023Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-767 MEETING DATE:9/19/2023
LIABILITY CLAIM. (Section 54954.5(d).) Claimant: Elizabeth Lovat; Claim No. COHB-23-0152.
Agency claimed against: City of Huntington Beach.
City of Huntington Beach Printed on 9/15/2023Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-761 MEETING DATE:9/19/2023
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 9/14/2023Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-762 MEETING DATE:9/19/2023
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 9/14/2023Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-773 MEETING DATE:9/19/2023
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated
representatives: Al Zelinka, City Manager; Travis Hopkins, Assistant City Manager; Melanie
Chaney, Chief Negotiator; Theresa St. Peter, Interim Human Resources Director; Sunny Han,
Chief Financial Officer; Eric Parra, Police Chief; and Jose Rodriguez, Human Resources
Manager. Employee Organization: Huntington Beach Police Officers’ Association (HBPOA).
City of Huntington Beach Printed on 9/14/2023Page 1 of 1
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-747 MEETING DATE:9/19/2023
Huntington Beach Police and Fire Chaplain Roger Wing
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City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-764 MEETING DATE:9/19/2023
Quarterly Homeless Report
City of Huntington Beach Printed on 9/14/2023Page 1 of 1
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Homeless Response Update
2nd Quarter 2023
September 19, 2023
Increase Focused Outreach
Efforts
Audit our
Programs
Improve
Communications
with our
Community
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
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
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~
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•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
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
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.
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
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
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
■ ■
■ ■ ■ ■
D
Slide 10
SBJ1 1053 service hours = 2106 personnel hours at a cost of 215,781
Smith, Brian J, 8/11/2023
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
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.
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.
Questions?
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-692 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Robin Estanislau, CMC, City Clerk
PREPARED BY:Robin Estanislau, CMC, City Clerk
Subject:
Request to approve reappointments of Jerry Person as City Historian, and Kathie Schey as
City Archivist, each to serve a four-year term commencing on September 23, 2023, and ending
on September 23, 2027
Statement of Issue:
Terms for the voluntary positions of City Historian and City Archivist are set to expire on September
22, 2023. The City Council is being asked to consider staff’s recommendation to reappoint Jerry
Person as City Historian, and Kathie Schey as City Archivist, each for an additional four-year term.
Financial Impact:
Both positions are voluntary. As such, costs associated with this process are minimal and will be
absorbed within the City Clerk’s Office departmental operating expenses.
Recommended Action:
A)Approve the reappointment of Jerry Person as City Historian, to serve a four-year term
commencing on September 23, 2023, and ending on September 23, 2027; and
B)Approve the reappointment of Kathie Schey as City Archivist, to serve a four-year term
commencing on September 23, 2023, and ending on September 23, 2027.
Alternative Action(s):
Deny one or more recommended action, and direct staff accordingly.
Analysis:
City Council Resolution No. 2009-01 resolves that the voluntary positions of City Historian and City
Archivist are renewable with Council approval. The California Legislature’s “Maddy Act” also
provides guidelines for informing the public of when a vacancy occurs for positions appointed by the
local legislative body. In observance of Maddy Act guidelines, a Notice of Vacancy for the voluntary
positions of City Historian and City Archivist were posted for public review at the Huntington Beach
Civic Center, City libraries, and on the City’s website. At the conclusion of the posting period, the City
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-692 MEETING DATE:9/19/2023
received written requests for reappointment from Jerry Person, current City Historian, and Kathie
Schey, current City Archivist, for their respective positions.
Jerry Person has served as City Historian since August 2007, and Kathie Schey as City Archivist
since 2019. The City Clerk’s Office looks forward to a continued partnership with both individuals,
and offers continued praise and appreciation for the valuable service they provide to the City of
Huntington Beach.
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 2009-01
2.Notice of Vacancy Forms
3.Jerry Person - Request for Reappointment
4.Kathie Schey - Request for Reappointment
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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RESOLUTION NO. _ __._2,.,_,_0 ...... 09.,_-_._Q,__,_1 __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING AND APPOINTING
A CITY HISTORIAN AND CITY ARCHIVIST
WHEREAS, the citizens of the City of Huntington Beach can benefit from knowledge of
the history of the City; and
The collection, management and maintenance of original and reprinted historical
photography, documents, maps, books and related publications will assist the public, media and
government bodies in historical research; and
The City Council wishes to establish the non-paid, voluntary positions of City Historian
and City Archivist to provide a source to those seeking historical information about the City of
Huntington Beach,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the non-paid, voluntary positions of City Historian and City Archivists are hereby
established.
BE IT FURTHER RESOLVED that the positions of City Historian and City Archivist
shall be for a four-year term, renewable with City Council approval, and be under the general
supervision of the City Clerk, who shall establish criteria for the review and selection of those to
be recommended to City Council for approval.
BE IT FURTHER RESOLVED that the City Clerk is authorized to appropriate and
administer annual funds to support the City Historian and City Archivist to research, store and
reproduce historical records and documents.
BE IT FURTHER RESOLVED that Jerry Person is appointed as City Historian for a
four-year term commencing August 20, 2007 to August 20, 2011, and, that Joel Watkins is
appointed as City Archivist for a four-year term commencing August 20, 2007 to August 20,
2011.
08-1860/27748 1
Reso. No. 2009-01
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 20th. day of January , 20Q2_.
City
08-1860/27748 2
Res. No. 2009-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on January 20, 2009 by the following vote:
AYES:
· NOES:
Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
None
ABSENT: None
ABSTAIN: None
,
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
NOTICE OF VACANCY
City Historian
Notice is hereby given that on September 22, 2023 the voluntary position of
City Historian will become available for reappointment or appointment.
This position serves a four-year term commencing September 23, 2023 to
September 23, 2027.
Persons interested applying for this position, please contact:
CITY OF HUNTINGTON BEACH
Attn: Robin Estanislau, City Clerk
2000 Main Street
Huntington Beach CA 92648
For more information about this position, please contact Robin Estanislau,
City Clerk by phone (714) 536-5405, or email at Robin.Estanislau@surfcity-
hb.org.
Today’s Date: August 31, 2023
Filing Deadline: September 13, 2023
Total # of Vacancies: 1
Vacant Position: City Historian
Please express written interest to the City Clerk’s Office prior to the identified deadline.
The Maddy Act requires public notification and posting of unscheduled vacancies not
earlier than 20 days before or not later than 20 days after the vacancy occurs. Final
appointment to the identified position shall not be made by the legislative body for at least
10 working days after the posting of the notice in designated locations.
11.Jefcome Eb
THE CITY OF HUNTINGTON BEACH
September 11, 2023
Mayor Tony Strickland
Members of the City Council
Dear Mayor Strickland,
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
It has been an honor to serve the City of Huntington Beach and its residents as its City Hi storian during
this time. I am requesting the City Council to please consider me for reappointment as the City's
Historian for an additional four year term.
During this time I have received numerous email and phone requests from the public, City Council
members and th e media for information on former residents, photos of historical events and people ,
past local businesses and places that I was able to provide.
I also believe my 41 years of experience as docent at the historic Newland House Museum. During
these museum tours I have heen able to answer questions about people, places and events from both
tourists and residents.
I believe my extensive knowledge of the city's histohistorical rical past is a unique asset I bring to the
position of City Historian.
I would be honored and thankful for your support in my reappointment as City Historian for another
four years,
Sinrrely. (f/;
r;/,ry~;~
•
August 30, 2023
Mayor and City Council,
I would be privileged to be reappointed as City Archivist.
It has been a pleasure and honor to serve our city in this capacity and I hope to continue to do
so.
In the next several years, we will be celebrating remarkable milestones in our city’s history. Our
City Hall and Central Park will turn 50 in 2024, as will several other landmarks in our community.
In that same year, our Community Services Department and Community Services Commission
will celebrate 75 years of service to Huntington Beach. These types of anniversaries and
commemorations will continue for the next few years because the mid-1970’s was a time of
significant growth and change in our city.
As City Archivist, I will continue to work – as I have done in anticipation of these events for the
past few years - to support our elected officials and decision-makers in their commemoration.
I will also work to build on my successful work receiving , organizing and processing historic
materials, both from city sources and the public and making them available. Most recently, we
acquired all of the original construction and founding materials of the Huntington Beach Youth
Shelter and important materials documenting the history of our July 4 th Parade among much
else.
I also work to share the history of our city and the role of municipal archives at various
conferences and public events. Speaking at national conferences each year, at no cost to the
city, I also speak to local groups frequently.
I will continue to write informative guides for public use. This year, I wrote “History Online!”,
explaining our city’s photo and record database and also access to the many films digitized by
the Cal Revealed program worth many thousands of dollars and completely free to the city. This
is a grant I write annually and we are now in our 5th successful grant year. Our films have
garnered national and even international attention.
When we had a departmental records flood due to rain a few months ago, I was so pleased to
be able to contribute my training in archival disaster management to salvage these records -
two weeks of daily all-day work in an enclosed room with three large dehumidifiers running
constantly. If a contractor had been hired to do this work, it would have cost the city well over
$10,000.
Please consider my reappointment application. It is my pleasure and privilege to serve
Huntington Beach.
Kathie A. Schey
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-736 MEETING DATE:9/19/2023
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:Charles Kovac, Housing Manager
Subject:
Annual Community Development Block Grant and HOME Investment Partnerships Grant End-
of-Year Progress Report to the U.S. Department of Housing and Urban Development
Statement of Issue:
Each year,the City of Huntington Beach (City)is required to provide a report to the U.S.Department
of Housing and Urban Development (HUD)on its performance in meeting the objectives of the
approved Consolidated Plan for federal entitlement grant programs.This report,the Consolidated
Annual Performance and Evaluation Report (CAPER),documents the City’s use of Community
Development Block Grant (CDBG)and HOME Investment Partnerships (HOME)funds for the
recently completed Fiscal Year (FY 2022-23).The attached FY 2022-23 CAPER has been prepared
in a format required by HUD in accordance with federal regulations at 24 CFR,Part 91 and must be
submitted to HUD by September 28.
Financial Impact:
There is no financial impact as this is an informational report.
Recommended Action:
A) Adopt the FY 2022-23 Consolidated Annual Performance and Evaluation Report for Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) federal entitlement
grant funds; and,
B) Authorize the City Manager to transmit the CAPER to HUD by September 28, 2023.
Alternative Action(s):
The CAPER is a summary report of the activities and accomplishments of the CDBG and HOME
programs for the Fiscal Year that concluded on June 30, 2023. This is a HUD-mandated report that
must be submitted by September 28, 2023 to ensure the City’s continued eligibility under these
federal entitlement grant programs.
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File #:23-736 MEETING DATE:9/19/2023
Analysis:
BACKGROUND/DISCUSSION
CDBG is the principal federal program providing local governments with grants to improve the
physical,economic,and social conditions in their communities for low-and moderate-income
residents.HOME is the principal federal program providing local governments with grants to expand
the availability of affordable housing for low- and moderate-income residents.
The Consolidated Plan describes the City’s proposed use of CDBG and HOME funds for addressing
housing and non-housing community development needs of low-and moderate-income residents
during a five-year plan period.As a means to achieve the goals outlined in the Consolidated Plan,
each year the City prepares an Annual Action Plan that outlines the projects,programs,and activities
that will be implemented during the specified year.The current Consolidated Plan and Annual Action
Plan are available for public review on the City’s website at
huntingtonbeachca.gov/business/economic-development/cdbg.After the conclusion of each year,the
City must prepare a CAPER that summarizes the expenditure of funds and accomplishments for that
year.Each of these plans and reports are required to be prepared by the City and submitted to HUD
to remain eligible for federal entitlement grant funds.
The draft FY 2022-23 CAPER (Attachment 1)has been prepared in a HUD-prescribed format
containing the information required pursuant to federal regulations.Also pursuant to federal
regulations,the CAPER has been made available to Huntington Beach residents for review and
comment.A notice was published in The Wave on August 31,2023 inviting the public to submit
written comments concerning the CAPER or to express their views during at the City Council meeting.
Following this public review period,the CAPER must be considered for approval by the City Council
and then submitted to HUD by September 28, 2023.
In FY 2022-23,the City Council provided funding to four nonprofit organizations that delivered a
range of services benefitting lower income Huntington Beach residents.Funds were also allocated to
City programs for housing repairs and improvements,special code enforcement,and emergency
rental assistance for lower income residents.The program accomplishments are summarized below
and detailed in the attached CAPER.
Public Services Accomplishments (CDBG)
HUD allows up to 15 percent of CDBG funds to be used for public service programs.In FY 2022-23,
the City Council allocated the maximum amount of $176,879 for public service programs
administered by social service agencies and City departments that assisted senior,disabled,youth,
and homeless individuals.Examples of public service program accomplishments during FY 2022-23
include the following:
·Care management services were provided to 370 frail,elderly,homebound,and at-risk
seniors, including nutrition, home safety, mobility, social support, and emotional well-being.
·After school enrichment activities and healthy development programs were made available to
253 children.
City of Huntington Beach Printed on 9/14/2023Page 2 of 3
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File #:23-736 MEETING DATE:9/19/2023
·Homelessness prevention and assistance services were provided to 456 residents.
Capital Accomplishments (CDBG)
The City Council allocated $923,954 to CDBG capital projects.The following is a partial list of the
program accomplishments:
·Ten housing units occupied by low- and moderate-income residents were rehabilitated.
·Two code enforcement officers detected,investigated,and enforced 1,795 violations of public
health, safety, and/or welfare affecting lower income residents.
Tenant-Based Rental Assistance (HOME)
The City Council allocated $599,397 to the homelessness prevention Tenant Based Rental
Assistance (TBRA)program.This program is administered by Families Forward and Mercy House,
and 33 households were provided with emergency short-term rent and utility assistance.The number
of assisted households fell just below the projected goal by four due primarily to challenges with high
rents and low vacancies in the City’s residential rental market.Therefore,approximately $188,724 of
unspent HOME funds will be carried-over to FY 2023-24.
In November 2022,the City Council approved the new Mobile Home TBRA Program and allocated
$391,654 in HOME funds to assist lower income senior mobile home owners having difficulty paying
increasing space rents.The Mobile Home TBRA Program launched in April 2023 and through June
30, 2023 has provided rental assistance to 23 households.
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.Consolidated Annual Performance & Evaluation Report (CAPER) FY 2022-23
2.PowerPoint presentation for September 19, 2023 City Council meeting
City of Huntington Beach Printed on 9/14/2023Page 3 of 3
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Action Plan
CITY OF HUNTINGTON BEACH
CONSOLIDATED ANNUAL PERFORMANCE &
EVALUATION REPORT (CAPER)
JULY 1, 2022 – JUNE 30, 2023
PUBLIC REVIEW DRAFT
September 1 – September 19, 2023
CITY OF HUNTINGTON BEACH
OFFICE OF BUSINESS DEVELOPMENT
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
CITY OF HUNTINGTON BEACH
2022/23 CAPER
TABLE OF CONTENTS
SECTION PAGE
Introduction ............................................................................................................................ 1
CR-05: Goals and Outcomes ................................................................................................... 4
CR-10: Racial and Ethnic Composition of Families Assisted .................................................. 11
CR-15: Resources and Investments …………….……. …..…… .......................................... 12
CR-20: Affordable Housing .................................................................................................... 19
CR-25: Homeless and Other Special Needs ........................................................................... 22
CR-30: Public Housing ............................................................................................................ 27
CR-35: Other Actions ............................................................................................................. 28
CR-40: Monitoring ................................................................................................................. 38
CR-45: CDBG .......................................................................................................................... 40
CR-50: HOME .......................................................................................................................... 41
CR-53: Section 3 ..................................................................................................................... 44
2022/23 CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Introduction
The City of Huntington Beach (City) has prepared the 2022/23 Consolidated Annual
Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing
and Urban Development (HUD) which describes the use of federal Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) funds during the third
program year of the 2020/21 – 2024/25 Consolidated Plan period, covering July 1, 2020 to June
30, 2025.
The City receives CDBG and HOME funds from HUD on a formula basis each year, and in turn,
implements projects and also awards grants to nonprofit, for‐profit, or public organizations
for projects in furtherance of the adopted Consolidated Plan. The CDBG and HOME programs
generally provide for a range of eligible activities for the benefit of low‐ and moderate‐income
Huntington Beach residents. The CAPER discusses affordable housing outcomes,
homelessness and special needs activities, non-housing community development activities,
and other actions in furtherance of the City’s Annual Action Plan projects and programs for
Fiscal Year (FY) 2022/23 (July 1, 2022 to June 30, 2023).
For the 2022/23 fiscal year, the City received $1,179,193 of CDBG funds from HUD, which were
combined in the Action Plan with $173,198 of unexpended CDBG funds from prior years , and
$28,858 in program income receipts for a total investment of $1,381,249. In HOME funding,
the City was awarded $676,539, coupled with $661,607 in prior year unspent funds, and new
program income received in the amount of $147,185, made $1,485,331 available for the fiscal
year. This investment of CDBG and HOME funds was a catalyst for positive change in the
community. Together with other federal, state and local investments, HUD resources allowed
the City and its partners to:
• Provide fair housing services to 405 residents.
• Provide homelessness prevention and assistance services to 456 residents.
• Provide special needs services such as senior services to 370 residents.
• Provide public services to 253 children.
• Provide tenant-based rental assistance and housing operation services to 56 eligible
households.
• Provide 10 homeowners with assistance in the form of grants and loans to make
significant housing repairs and improvements.
In 2020, the City received a special allocation of Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) funding in the amount of $2,159,775 to be used on activities that prevent,
2022/23 CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
prepare for, or respond to the impacts of COVID-19. The City Council allocated the majority of
those funds, $2,028,847, to the Navigation Center with only $130,928 allocated to program
administration. To date, the Navigation Center has provided overnight shelter and
wraparound services to 893 homeless persons.
Finally, in 2021, HUD allocated $2,240,675 in another special allocation of funding to the City
of Huntington Beach. The HOME-American Rescue Plan Program (HOME-ARP) provides
funding to reduce homelessness and increase housing stability. Thus far, the City of
Huntington Beach has received HUD approval on the HOME-ARP Allocation Plan that
proposes to allocate $2,190,675 for supportive services at the Navigation Center and the City’s
Project Homekey development, HB Oasis Project. Only $50,000 of the grant will be used for
program administration.
The figure below highlights the City’s priority needs and the strategies the City has and will
continue to undertake to address the priority needs defined in the City’s Five-Year
Consolidated Plan.
2022/23 CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Priority Need 5-Year Implementing Goals and Projects/Programs
Households with Housing Problems ➢ Sustain and Strengthen Neighborhoods
• Owner-Occupied Single Family, Condo, and Mobile Home
Rehabilitation Grant Program (40 housing units)
• Owner-Occupied Single-Family Rehabilitation Loan
Program (10 housing units)
• Housing Rehabilitation Loan Administration (50 housing
units)
• Special Code Enforcement Program (3000 housing units)
➢ Preserve Existing and Create New Affordable Housing
• Acquisition/Rehabilitation/New Construction (20 housing
units)
• Tenant-Based Rental Assistance (100 households)
Homelessness ➢ Support Efforts to Address Homelessness
• Homeless Outreach Program (2,000 persons)
• StandUp for Kids Street Outreach Program (560 persons)
• Robyne’s Nest Housing for Homeless High Schoolers (45
persons)
• Navigation Center Operations Program (100 persons)
Special Needs Populations ➢ Support Agencies that Assist Special Needs Populations
• Senior Services Care Management Program (825 persons)
• Oakview Family Literacy Program (950 persons)
Priority Community Services ➢ Increase Access to Community Services for Low- and
Moderate-Income Persons
• Children’s Bureau (2,000 persons)
Priority Community and Public
Facilities
➢ Preserve Existing and Create New Community and Public
Services
• Various Community and Public Facility Projects (5,000
persons)
Priority Infrastructure
Improvements
➢ Provide Needed Infrastructure Improvements
• Various Public Infrastructure Improvement Projects
(2,000 persons)
Other Housing and Community
Development Needs
➢ Planning for Housing and Community Development
• CDBG Program Administration
• HOME Program Administration
• Fair Housing Foundation
2022/23 CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 – Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
Table 1 below illustrates the City’s FY 2022/23 Annual Action Plan outcomes (based on defined
units of measure) as it compares to the five-year Consolidated Plan aggregate (2020/21 –
2024/25).
2022/23 CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category
Strategic
Plan
Source /
Amount Indicator
Unit of
Measure
5-Year Strategic Plan 2022/23 Annual Action Plan
Expected Actual
Percent
Complete Expected Actual
Percent
Complete
Preserve
Existing and
Create New
Affordable
Housing
Affordable
Housing
HOME:
$4,175,718
Rental units
constructed
Household
Housing
Unit
20 Housing
Units
(TBD Acq/
Rehab/ New
Construction
Projects)
0 Housing
Units
(HB Senior
Housing
Project:
Underway)
0.00% 0 Housing
Units
(No housing
projects
funded in FY
2022/23)
0 Housing
Units
(No housing
projects
funded in FY
2022/23)
0.00%
Preserve
Existing and
Create New
Affordable
Housing
Affordable
Housing
HOME:
$1,625,000
Tenant-based
rental
assistance /
Rapid
Rehousing
Households
Assisted
100 Households
(Various Service
Providers: 100
households)
146
Households
(Families
Forward TBRA:
51 households;
Interval House
TBRA: 21
households;
Mercy House
TBRA: 51
households;
Mobile Home
TBRA
Program: 23
households)
146.00% 67
Households
60
Housing
Units
(Families
Forward
TBRA: 15
households;
Mercy House
TBRA: 22
households;
Mobile Home
TBRA
Program: 30
households;
Housing
Services for
TBRA: 60
housing
units)
56
Households
56
Housing
Units
(Families
Forward
TBRA: 18
households;
Mercy House
TBRA: 15
households;
Mobile Home
TBRA
Program: 23
households;
Housing
Services for
TBRA: 56
housing
units)
83.58%
2022/23 CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sustain and
Strengthen
Neighborhoods
Affordable
Housing
CDBG:
$1,315,000
Homeowner
Housing
Rehabilitated
Household
Housing Unit
100 Housing
Units
(Owner
Occupied
Rehab Grant
Program: 40
housing
units; Owner
Occupied
Rehab Loan
Program: 10
housing
units;
Housing
Rehab
Admin.: 50
housing
units)
41 Housing
Units
(Owner
Occupied
Rehab Grant
Program: 18
housing
units; Owner
Occupied
Rehab Loan
Program: 1
housing unit;
Housing
Rehab
Admin.: 12
housing
units; Owner
Occupied
Rehab Grant
and Loan
Program: 10
housing
units)
8 Housing
Units
(Owner
Occupied
Rehab Grant
and Loan
Program: 8
housing
units)
10 Housing
Units
(Owner
Occupied
Rehab Grant
and Loan
Program: 10
housing units)
125.00%
Sustain and
Strengthen
Neighborhoods
Affordable
Housing
CDBG:
$1,000,000
Housing Code
Enforcement/Fo
reclosed
Property Care
Household
Housing Unit
3,000
Housing
Units
(Special Code
Enforcement:
3,000
housing
units)
3,517
Housing
Units
(Special Code
Enforcement:
3,517
housing
units)
117.24% 600 Housing
Units
(Special Code
Enforcement:
600 housing
units)
1,304 Housing
Units
(Special Code
Enforcement:
1,304 housing
units)
217.34%
2022/23 CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Support Efforts
to Address
Homelessness
Homeless CDBG:
$1,216,193
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
2,705 Persons
(Homeless
Outreach: 2,000
persons;
StandUp for Kids
Street Outreach:
560 persons;
Robyne’s Nest
Housing for
Homeless: 45
persons;
Navigation
Center: 100
persons)
1,513 Persons
(Homeless
Outreach: 827
persons;
StandUp for
Kids Street
Outreach: 64
persons;
Robyne’s Nest
Housing for
Homeless: 7
persons;
Navigation
Center: 187
persons; CV-
Navigation
Center: 428
persons)
55.93% 31
Persons
(StandUp for
Kids Street
Outreach: 21
persons;
Navigation
Center: 10
persons)
458
Persons
(StandUp for
Kids Street
Outreach: 18
persons;
Navigation
Center: 10
persons; CV-
Navigation
Center: 428
persons)
1470.97%
Support
Agencies that
Assist Special
Needs
Populations
Non-Homeless
Special Needs
CDBG:
$262,208
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
1,775
Persons
(Senior Services
Care
Management:
825 persons;
Oakview Family
Literacy
Program: 950
persons)
1,448
Persons
(Senior
Services Care
Management:
1,224 persons;
Oakview
Family Literacy
Program: 264
persons)
83.83% 140
Persons
(Senior
Services Care
Management:
140 persons)
370
Persons
(Senior
Services Care
Management:
370 persons)
264.29%
Increase Access
to Community
Services to
Low- and
Moderate-
Income Persons
Non-Homeless
Special Needs
CDBG:
$280,000
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
2,000 Persons
(Children’s
Bureau: 2,000
persons)
500 Persons
(Children’s
Bureau: 500
persons)
25.00% 200 Persons
(Children’s
Bureau: 200
persons)
253 Persons
(Children’s
Bureau: 253
persons)
126.50%
2022/23 CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Preserve
Existing &
Create New
Community &
Public Facilities
Homeless
Non-Housing
Community
Development
CDBG:
$1,461,662
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
5,000 Persons
(Various Public
Improvement
Projects)
0 Persons
(No public
facility
projects
funded in FY
2020/21,
2021/22, or
2022/23)
0% 0 Persons
(No public
facility
projects
funded in FY
2022/23)
0 Persons
(No public
facility
projects
funded in FY
2022/23)
0%
Provide Needed
Infrastructure
Improvements
Non-Housing
Community
Development
CDBG:
$1,569,394
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted
2,000 Persons
(Various
Infrastructure
Improvement
Projects)
4,057 Persons
(ADA Curb
Cuts in
Maintenance
Zone 3: 1,939
persons; ADA
Curb Cuts in
Maintenance
Zone 5: 2,118
persons)
202.85% 0
Persons
(No projects
funded in FY
2022/23)
0
Persons
(No projects
funded in FY
2022/23)
0%
Planning for
Housing and
Community
Development
Administration CDBG:
$1,437,224
HOME:
$432,790
Not
applicable.
Not
applicable.
Not
applicable.
Not
applicable.
Not
applicable.
Not
applicable.
Not
applicable.
Not
applicable.
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
2022/23 CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and
specific objectives identified in the plan, giving special attention to the highest priority
activities identified.
Consistent with the City’s Priority Needs outlined in the Consolidated Plan, the City allocated
majority of its CDBG funding to non-housing community development activities (code
enforcement and public services), preceded by the community’s housing needs and program
administration funded by both CDBG and HOME. The City’s Priority Needs are a product of
the Needs Assessment, Housing Market Analysis, public input, and community needs survey
– all conducted during the development of the Consolidated Plan. The Consolidated Plan’s
five-year priorities for assistance with CDBG and HOME funds also takes into consideration
several factors such as: 1) those households most in need of housing and community
development assistance, as determined through the Consolidated Plan needs assessment,
consultation, and public participation process; 2) which activities will best meet the needs of
those identified households; and 3) the extent of other non-federal resources that can be
utilized to leverage/match CDBG and HOME funds to address these needs.
Overall, the approved projects and programs in the FY 2022/23 Annual Action Plan assisted as
many participants as possible with limited resources available. In the area of affordable
housing, the City funded homeowner rehabilitation and tenant based rental assistance. In FY
2022/23, the City’s goal was to fund and complete a total of eight rehabilitation projects over
the course of the year and the City exceeded this goal by completing ten. The City also funded
three tenant based rental assistance programs including one for mobile home occupants that
need assistance with space rents. Collectively, the City had a goal of assisting 67 households,
however, only 84% of the goal was met. The programs have continued into FY 2023/24, in
which it is anticipated that approximately 40 additional households will be served using FY
2022/23 HOME funds for tenant based rental assistance.
The City did not have any new goals for the development of affordable housing in FY 2022/23.
During FY 2020/21, the City awarded $2.8 million to the Huntington Beach Senior Housing
Project that is currently underway. The City, in partnership with Jamboree Housing
Corporation, will develop the site at 18431 Beach Boulevard with 42 one-bedroom/one-bath
units and one two-bedroom/one-bath managers’ unit, ground-level and subterranean parking,
conference/office rooms and lounge areas for residents, and outdoor amenities such as a
courtyard and a dog park. When complete, the project will offer nine units with HOME -
restricted rents, along with 21 units restricted to Mental Health Services Act (MHSA) eligible
individuals experiencing homelessness, and 12 to non-MHSA senior households experiencing
homelessness.
2022/23 CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Public service allocations amounted to the maximum allowable under CDBG regulations (15
percent of the annual allocation). The City allocated $85,000 to the Children’s Bureau after
school program; $14,652 to StandUp for Kids Street Outreach; $35,519 to Senior Services Care
Management; and $41,708 to the Navigation Center Operations Program.
In the Support Agencies that Assist Special Needs Populations goal, the City proposed to assist
140 persons, but exceeded that goal by 264 percent (370 persons). Success in this area can be
attributed to the Senior Services Care Management Program that continues to provide meals
and other services to many of Huntington Beach’s elderly community. In its goal to Support
Efforts to Address Homelessness, the City assisted 28 of the 33 persons proposed. This was
through the Navigation Center Operations and the StandUp for Kids Street Outreach
Programs, but this goal did not account for the ongoing CDBG-CV funding the City is giving to
the Navigation Center for operational support. With this investment in homeless services, an
additional 428 homeless persons were assisted last fiscal year. Finally, under the goal, Increase
Access to Community Services to Low- and Moderate-Income Persons, the Children’s Bureau
exceeded their goal of 200 by assisting 253 children with free after school childcare in the Oak
View neighborhood.
Lastly, the City also exceeded its code enforcement goal of inspecting 600 housing units for
local health and safety compliance by over 200 percent.
As a reminder, results will vary from year to year depending on when they are funded and
when they are completed. Generally, affordable housing, public facility, and public
infrastructure projects span multiple years. The accomplishments for projects and programs
that have been funded in FY 2022/23 or sooner and are currently underway will be included in
the CAPER once the national objective has been met at project completion.
2022/23 CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic C omposition of F amilies A ssisted
Describe the families assisted (including the racial and ethnic status of families assisted).
CDBG HOME TOTAL
White 1,001 45 1,046
Black or African American 32 5 37
Asian 43 4 47
American Indian or American Native 25 0 25
Native Hawaiian or Other Pacific Islander 7 0 7
Other Multi Racial 37 2 39
TOTAL 1,145 56 1,201
Hispanic 388 27 415
Not Hispanic 757 29 786
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
For program year 2022/23, the majority of the CDBG allocation was invested in community
development and housing activities, such as public services, code enforcement,
administration, and affordable housing. HOME funds were invested in tenant-based rental
assistance for homeless persons, victims of domestic violence, veterans, and owners of
mobile homes. Majority of beneficiaries of the TBRA programs were White at 80% and 48%
were of Hispanic ethnicity. Those identifying as Black or African American made up 9% of
HOME program recipients, and Asians made up 7%. Similarly, CDBG-funded activities
benefitted 87% persons who identified as White, nearly 4% were Asian, and nearly 34% of
persons identified as having a Hispanic ethnicity regardless of race.
2022/23 CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments
Identify the resources made available
Source of Funds Source
Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $1,381,249 $1,067,133
HOME public - federal $1,485,331 $3,084,150
CDBG-CV Public - federal $0 $1,628,957
HOME-ARP Public-Federal $2,240,675 $0
Table 3 - Resources Made Available
Narrative
During FY 2022/23, the City had over $5,107,255 million in new Federal CDBG, HOME, and
American Rescue Act HOME (HOME-ARP) Funds to address the goals and objectives of the FY
2022/23 Annual Action Plan. Specifically, the CDBG entitlement amount for FY 2022/23 was
$1,179,193. Prior year unspent funds were $173,198 (includes both entitlement and program
income), new program income receipts totaled $28,858, resulting in a total of $1,381,249 in
CDBG. HOME funding for FY 2022/23 was $676,539 in entitlement funds, $147,185 in receipted
program income, and $661,607 in uncommitted prior year funds. No new CARES Act funding
was made available in FY 2022/23; all funds awarded to the City to help the prevent, prepare,
and respond to the Novel Coronavirus, were awarded and committed in 2020/21. Lastly, the
City received its HOME-ARP allocation of $2,240,675 in FY 2022/23. HOME-ARP funds are used
prevent homelessness and reduce housing instability.
Expenditures during the 2022/23 program year totaled $5,780,240 from federal resources and
program income which addressed the needs of extremely, low, and moderate-income
persons. CDBG expenditures of $1,067,133 included projects and programs approved in FY
2022/23 and earlier which included public services, code enforcement, homeowner
rehabilitation, housing services, fair housing activities, and program administration.
Additionally, a total of $3,084,150 in HOME expenditures was disbursed. The majority of these
funds were spent on prior year project commitments, such as the Huntington Beach Senior
Housing Project ($2,830,598), HOME Administration ($73,887), and prior year tenant based
rental assistance ($92,558). Only $87,106 of all HOME disbursements were for 2022/23
activities. The City also disbursed $1,628,957 in CDBG-CV funds during the program year, which
were all related to the Navigation Center. No funds were expended from HOME-ARP funding.
2022/23 CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify the geographic distribution and location of investments
Target Area
Planned
Percentage of
Allocation
Actual Percentage
of Allocation Narrative Description
Citywide 92 93 Citywide
Low- and Moderate-Income
Areas Low- and Moderate-
Income Areas
Special Code Enforcement
Target Area 8 7 Local Target Area
Table 4 – Identify the geographic distribution and location of investments
Narrative
Most funds expended in FY 2022/23 were for projects and programs available on a citywide
basis, including all public services, homeowner rehabilitation, housing services, and
administrative activities. Projects that fall into the Low- and Moderate-Income Areas
geographical area typically include public facility or public infrastructure activities, but in FY
2022/23, no such projects were implemented.
Approximately 7 percent of expended funds were on code enforcement which only took place
in a local target area called the Special Code Enforcement Area. The target area was developed
pursuant to HUD requirements. The City conducted a visual (windshield) survey of CDBG
eligible areas for properties, businesses, parkways, alleys, and structures that met the City’s
definition of “deteriorated or deteriorating”. Based on the survey, the City determined that
low- and moderate-income areas within the area bound by Bolsa Chica Street to the west,
Bolsa Avenue to the north, Brookhurst Street to the east, and Atlanta Avenue to the south
contained the most properties with deterioration. This target area was later named the
“Special Code Enforcement Target Area.” Inclusive of the following census tracts, the Special
Code Enforcement Target Area is comprised of 46,650 persons, 32,395, or 69.44%, of which
are of low-moderate income.
Note, the ‘Actual Percentage of Allocation’ figures are based on CDBG and HOME resources
only; not HOME-ARP funds.
2022/23 CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
SPECIAL CODE ENFORCEMENT TARGET AREA
TOTAL POPULATION V. LOW AND MODERATE-INCOME POPULATION
2011-2015 HUD LOW MOD INCOME SUMMARY DATA
Effective April 1, 2019
Census Tract Total Persons Total LMI Persons Percentage
0992121 1,255 810 64.54%
0992123 1,495 1,030 68.90%
0992124 1,180 655 55.51%
0992144 765 425 55.56%
0992352 715 515 72.03%
0992353 2,190 1,245 56.85%
0992422 1,930 1,185 61.40%
0992442 1,645 1,145 69.60%
0992463 815 490 60.12%
0993051 1,710 1,450 84.80%
0993053 2,020 1,330 65.84%
0993055 1,080 935 86.57%
0993056 1,025 560 54.63%
0993061 1,485 760 51.18%
0993093 1,775 915 51.55%
0993103 1,170 690 58.97%
0994021 2,755 2,300 83.48%
0994022 2,720 2,235 82.17%
0994023 575 330 57.39%
0994024 3,375 3,150 93.33%
0994053 1,755 1,070 60.97%
0994103 2,605 1,935 74.28%
0994112 2,180 1,890 86.70%
0994113 1,300 855 65.77%
0994114 880 655 74.43%
0994121 1,810 980 54.14%
0994134 1,360 1,240 91.18%
0996031 3,080 1,615 52.44%
TOTAL 46,650 32,395 69.44%
2022/23 CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state, and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were us ed to address the
needs identified in the plan.
The City is required to provide a 25 percent match for HOME funds drawn down on all HOME
activities, sans those funded with program income or administrative funds. The City leverages
resources among the formula grant programs. Historically, the City has met the HOME match
by layering former redevelopment tax increment with HOME-assisted affordable housing
acquisition and rehabilitation. As a result of past leveraging contributions toward affordable
housing activities, the City has a surplus of match credits. The match carry-over surplus from
prior years was $3,753,787.
The City’s HOME match liability for FY 2022/23 was $525,784.21; however, as part of the
flexibilities/waivers granted by the CARES Act and Mega Waiver, Huntington Beach was not
required to provide a match liability for the period of October 1, 2020, through September 30,
2022 anyway. The excess match of $3,753,787 will, therefore, be carried over to the next fiscal
year.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year $3,753,787
2. Match contributed during current Federal fiscal year $0
3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) $3,753,787
4. Match liability for current Federal fiscal year $0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line
4) $3,753,787
Table 5 – Fiscal Year Summary - HOME Match Report
2022/23 CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated
labor
Bond
Financing Total Match
$0
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period
Balance on hand at
beginning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
$1,091,908.08 $147,185.28 $981,573.63 $111,247,.67 $257,519.73
Table 7 – Program Income
2022/23 CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar
value of contracts for HOME projects completed during the reporting period
Total
Minority Business Enterprises
White Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic Hispanic
Contracts
Number 2 2
Dollar
Amount
$40,852 $40,852
Sub-Contracts
Number 0
Dollar
Amount
0
Total
Women
Business
Enterprises Male
Contracts
Number 2 2
Dollar
Amount
$40,852 $40,852
Sub-Contracts
Number 0
Dollar
Amount
0
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property
owners and the total amount of HOME funds in these rental properties assisted
Total
Minority Property Owners
White Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
2022/23 CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired, and the cost of acquisition
Number Cost
Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced Total
Minority Property Enterprises
White Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
2022/23 CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing
Evaluation of the jurisdiction's progress in providing affordable housing, including the number
and types of families served, the number of extremely low-income, low-income, moderate-
income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 37 33
Number of Non-Homeless households to
be provided affordable housing units 0 0
Number of Special-Needs households to
be provided affordable housing units 30 23
Total 67 56
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 67 56
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 67 56
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City allocated almost $1 million in HOME funds for the operation of three tenant based
rental assistance programs. The first program was operated by Mercy House who offered the
program to homeless and those at risk of homelessness. Mercy House had a goal to assist 22
households, but enrolled 15 households into the program. The program will continue in FY
2023/24.
2022/23 CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
The second TBRA program was administered by Families First. Households must have a child
to be eligible for assistance. During FY 2022/23, 18 households enrolled in the program, which
was three more than the proposed goal of three. The program will continue in FY 2023/24.
Finally, at the end of the fiscal year, the City added a third TBRA program to the city’s housing
program. The Mobile Home Tenant-Based Rental Assistance Program was allocated $391,654
in HOME funds and is offered to owners of mobile homes for help with rising space rents. In
one quarter (April – June 2023), the City enrolled 23 households for 24 months of space rent
assistance. This was 7 households shy of the goal of 30.
While not included in the goals for 2022/23, the City is still underway on a 43-unit senior
affordable housing project at 18431 Beach Boulevard called the Huntington Beach Senior
Housing Apartments. The project was awarded $2.8 million in HOME funds in FY 2020/21. The
newly constructed project targeting households with incomes between 30-50 percent of Area
Median Income (AMI) will be partially subsidized with approximately $10 million from Orange
County Housing Authority Project Based Vouchers (PBV). Of the 33 PBV units, 21 will be
restricted to Mental Health Services Act (MHSA) eligible individuals experiencing
homelessness earning at or below 30 percent AMI. Twelve PBV units will be used for non -
MHSA senior households experiencing homelessness earning at or below 30 percent AMI. The
remaining nine units will be HOME-restricted to households with incomes at or below 50
percent AMI. The completed Project will consist of a 4-story building constructed above a one
level subterranean parking garage. The Project unit mix consists of 42 one-bedroom units and
one additional two-bedroom unit designated for on-site management.
Discuss how these outcomes will impact future annual action plans.
The Huntington Beach 2020/21-2024/25 Consolidated Plan forecasts that 20 housing units
could be developed by way of acquisition, rehabilitation, or new construction by the
expiration of the Plan. The Huntington Beach Senior Housing Project, when complete, will
satisfy nearly half of the 5-year goal. With this in mind, the City will continue to pursue
additional affordable housing development opportunities to create eleven additional units by
the end of 2024/25.
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
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Number of Households Served CDBG Actual HOME Actual TOTAL
Extremely Low-income 37 34 71
Low-income 24 21 45
Moderate-income 5 1 6
Total 66 56 122
Table 13 – Number of Households Served
Narrative Information
During the program year, Huntington Beach had the following housing accomplishments
where information on income by family size was required to determine eligibility of the
activities:
• 10 single-family residential rehabilitation grant and loan projects were completed.
• The City provided 56 households with housing services in connection with the HOME-
funded tenant based rental assistance program.
• The City provided 56 households with tenant based rental assistance during the year.
2022/23 CAPER 22
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CR-25 - Homeless and Other Special Needs
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
Throughout the country and the Los Angeles and Orange County region, homelessness has
become an increasing challenge. Factors contributing to the rise in homelessness include a
lack of housing affordable to low- and moderate-income persons, increases in people living
below poverty levels, reductions in subsidies to the poor, drug/alcohol abuse, de-
institutionalization of the mentally ill, and an increase of persons making homelessness a
lifestyle choice. At the county level, Orange County undertakes an effort to enumerate all of
the sheltered and unsheltered homeless people within the County in a given twenty‐four-hour
period. This effort, known as the Homeless Point‐in‐Time (PIT) Count, is congressionally
mandated for all communities that receive HUD funding for homeless programs and takes
place once every two years. The most recent complete PIT in Orange County was held on a
single night in February 2022 with the assistance of many homeless service providers. The PIT
Count enumerated 5,718 homeless individuals in Orange County, reflecting a decrease of
almost 17% from the 2019 tally of 6,860 homeless people. In Huntington Beach specifically,
there were 330 total persons counted, with 188 unsheltered, and 142 that were sheltered.
In an effort to reach out to Huntington Beach’s homeless community, the Police Department
heads a Homeless Task Force comprised of case managers and homeless liaison officers that
make proactive contacts, even when no crime was committed and no call for services was
generated. This endeavor was meant to foster a positive dialogue with the homeless
population and allow for conversations that would hopefully lead to the acceptance of
resources, benefitting the homeless individual and aid in the goal of reducing the homeless
population in Huntington Beach. In FY 2022/23, the Task Force offered the following services:
case management, shelter, reunification with family members, mental and physical health
services, addiction services, social services, and government benefits. The Homeless Task
Force has historically been funded with CDBG and was allocated $50,000 in CDBG public
service funds in FY 2021/22; however, funding was shifted to the General Fund during the year
and the program was canceled from the City’s Annual Action Plan.
2022/23 CAPER 23
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The City’s Community Development Department also made diligent efforts to reach out to
and assess the needs of homeless people. In particular, CDBG funding was awarded to the
Navigation Center for operational support and to StandUp for Kids Street Outreach Program.
The Navigation Center opened its doors in December 2020 and is located at 17642 Beach
Boulevard. In addition to providing 174 beds for overnight shelter, the Center provides direct
access to vital services that will help individuals experiencing homelessness on the path
towards housing security. All persons seeking assistance at the Navigation Center are first
assessed by the City’s Homeless Task Force. Ten homeless persons were provided support
during the fiscal year with the investment of CDBG public service funds. Another 428 were
also supported through the City’s CDBG-Coronavirus (CDBG-CV) funding that was awarded in
prior years.
Similarly, StandUp for Kids aims to end the cycle of homelessness, specifically for Huntington
Beach’s unhoused youth population. The subrecipient uses volunteer staff to scout streets
searching for youth who appear to be unsheltered or unstably housed. Youth assisted by
StandUp for Kids fall between the ages of 12 and 24, are homeless, at-risk of homelessness,
aging-out of foster care, or are runaways. StandUp for Kids works to equip them with the
tools they need to transition from life on the street to a life of stability and opportunity. During
the program year, Stand Up for Kids assisted 18 youth with their homeless services.
Finally, using non-federal funding, the City developed a new program, Be Well Huntington
Beach, a Mobile Crisis Response Team offering 24/7 community-based assessment and
stabilization of individuals experiencing psychological crisis, challenges related to substance
abuse, and other non-medical emergency challenges. Each team consists of two crisis
counselors who deescalate a situation and provide a compassionate response to those
experiencing a mental health crisis in their homes, on the streets, or at a public location. Since
inception of the program in August 2021, Be Well HB has handled 6,007 calls for service
including:
• 3,993 calls related to mental health checks
• 1,568 proactive engagements
• 312 substance use cases
• 133 public disturbances
The City is carefully gathering data to measure program outcomes and impacts on mental
health issues in Huntington Beach.
Addressing the emergency shelter and transitional housing needs of homeless persons
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In FY 2020/21, the City partnered with Mercy House to start operations on the Navigation
Center, an emergency homeless shelter, which received funding from CDBG, CDBG-CV (CARES
Act funding for activities that prevent, prepare, and respond to COVID-19), and local SB2
funding. The Navigation Center opened its doors in December 2020. The Center has the
capacity to shelter up to 174 adults and couples during normal conditions. In FY 2022/23, the
City awarded $41,708 in CDBG funding to the Navigation Center to be used for operations and
as a result, 10 persons received emergency shelter there. An additional 428 persons also
received emergency shelter last year under the nearly $3 million contract from FY 2020/21.
Also, in FY 2021/22, the City partnered with the State of California Homekey Program, County
of Orange, National CORE, and American Family Housing to negotiate the acquisition and
rehabilitation of the former Quality Inn & Suites motel located at 17251 Beach Boulevard,
Huntington Beach. The project, HB Oasis , provides interim housing for up to 62 adult
individuals and households experiencing homelessness in Orange County’s Central Service
Planning Area. In addition to transitional housing, HB Oasis will provide property
management, residential and supportive services that meet the complex needs of people
experiencing homelessness. HB Oasis will provide trauma informed, and evidence-based
interim operations by identifying tools and re-integrating participants back into the
community through case management and linkages to permanent housing. The City’s
contribution of $1,804,704 in HOME-ARP will provide supportive services in Year 5 of the
project. The City anticipates converting HB Oasis from interim housing to permanent housing
(supported by project based vouchers) during FY 2023/24.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after being
discharged from publicly funded institutions and systems of care (such as health care facilities,
mental health facilities, foster care and other youth facilities, and corrections programs and
institutions); and, receiving assistance from public or private agencies that address housing,
health, social services, employment, education, or youth needs
To help prevent homelessness and protect at-risk populations, Huntington Beach participated
in the Orange County Continuum of Care System that provides assistance to persons at risk of
becoming homeless.
Additionally, the City continued its dedication to assisting families in Huntington Beach with
much needed rental assistance. In FY 2022/23, the City awarded $296,642 to Mercy House,
$302,755 to Families Forward, and $391,654 to the Mobile Home Tenant-Based Rental
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Assistance programs to income eligible households experiencing homelessness, at risk of
homelessness, veterans, victims of domestic violence, and mobile homeowners. The three
programs cumulatively assisted 56 households during the year.
The City does not receive Emergency Solutions Grants (ESG) or Housing Opportunities for
Persons with AIDS (HOPWA) funding and therefore is not required to develop a discharge
coordination policy. However, the City will continue to address a discharge coordination policy
with the Orange County Housing Authority and the Continuum of Care Homeless Issues Task
Force.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
In an ongoing effort to continue to address the needs of the homeless and those at risk of
homelessness, the City focused on the development of sustainable and effective
programming, including: 1) applying for short and long-term available funding; 2) partnering
with experienced service providers capable of leveraging other funding; 3) creating or
securing affordable housing; 4) performing homeless case management; and 5) engaging the
homeless through a street outreach component in order to better connect them to available
services.
For example, as mentioned above, the City in 2023 converted the former Quality Inn Hotel into
transitional housing / non-congregate shelter with 62 units. The Huntington Beach Oasis
provides wrap around supportive services to aid homeless persons in making the transition to
permanent housing and independent living. Services will assist with mental and/or physical
health issues, substance use problems, trauma or abuse, lack of employment, or contact with
the criminal justice system. Supportive services that address these and many other issues are
key in assisting any individual experiencing homelessness.
These services will continue to be offered at the Navigation Center, as well. With over $3
million in CDBG and CDBG-CV funding, and another $386,000 in HOME-ARP, the emergency
homeless shelter will be able to provide wrap around services to help homeless individuals
transition to more stable housing upon exiting the shelter.
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Finally, the City provided tenant-based rental assistance to qualified households in FY 2022/23.
The need for rental subsidies continues to be a priority for the City, and in November 2022,
the City renewed contracts with both Mercy House and Families Forward to continue the
operation of their tenant based rental assistance programs. In February, the City signed a new
contract for the delivery of tenant-based rental assistance to owners of mobile homes. In FY
2022/23, 56 households received rental assistance.
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CR-30 - Public Housing
Actions taken to address the needs of public housing
The City of Huntington Beach does not have any public housing developments. However,
Huntington Beach is one of a number of cities that benefits from the services of the Orange
County Housing Authority (OCHA), which currently manages Housing Choice Vouchers for
residential units within Huntington Beach. A total of 627 Huntington Beach households
receive Section 8 vouchers from the OCHA including 144 families, 102 disabled, and 381 elderly
households.
Additionally, the OCHA administers 30 Continuum of Care, 17 Family Self-Sufficiency, 20 Family
Unification, two Non-Elderly Disabled, 104 Portability, 81 Veterans Affairs Supportive Housing,
and 30 Emergency Housing Vouchers.
The OCHA waiting list is currently closed.
Actions taken to encourage public housing residents to become more involved in management
and participate in homeownership
Not applicable.
Actions taken to provide assistance to troubled PHAs
Not applicable.
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CR-35 - Other Actions
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment.
Through the administration of the CDBG and HOME programs, every effort is made to remove
barriers to affordable housing through agreements with for-profit and non-profit affordable
housing developers. These efforts also include working with neighborhood residents to
ensure affordable housing projects are acceptable. Ongoing monitoring of both “for sale”
and rental affordable units is conducted by department staff by assuring that the affordable
housing covenants are recorded on title when the unit is sold. To address the decline in
sources of housing funds, the City will continue to advocate for and pursue federal, state, local
and private funding sources for affordable housing.
Also, City staff continued to work towards certification of its 2021-2029 Housing Element, one
of the State-mandated elements of the City’s General Plan which must identify how the City
will accommodate its share of the regional housing need for all economic segments of the
community, commonly referred to as RHNA (Regional Housing Needs Allocation). For the
2021-2029 planning period, the City must provide zoning capacity for 13,368 dwelling units
across all income levels. City staff has identified ways to accommodate the RHNA including
production of accessory dwelling units, conversion of hotels/motels to lower income housing,
and implementation of Affordable Housing Overlays. The proposed Affordable Housing
Overlays will allow for multi-family residential uses at densities ranging from 35 – 70 dwelling
units per acre by right provided that at least 20 percent of the units are affordable to lower
income households.
While still in process of development, the Draft Housing Element also addresses the City’s
provisions for affordable housing, emergency shelters, transitional housing, and supportive
housing. The following programs in the City's Draft 2021-2029 Housing Element specifically
address the variety of regulatory and financial tools used by the City to remove barriers and
facilitate the provision of affordable housing:
Program 1B. Multi-family Acquisition and Rehabilitation
Objective: The acquisition/rehabilitation program will continue to be a part of the City’s
affordable housing program. The City intends to direct the majority of its housing funds
towards new construction of affordable housing (refer to Goals 3 and 5). The City’s
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goal is to assist in the acquisition/rehabilitation of a minimum of 30 units across all
income levels with a focus on housing available at the very low- and low-income levels
over the planning period.
Program 1D. Preservation of Assisted Rental Housing
Objective: Continue to monitor at-risk rental units. Explore project owner interest to
preserve affordability and opportunities for outside funding and preservation options.
If affordability cannot be extended, provide technical assistance and education to
affected tenants.
Program 1E. Housing Authority Rental Assistance
Objective: Seek to provide additional rental assistance for residents from the Orange
County Housing Authority (OCHA), and coordinate with OCHA to identify additional
apartment projects for participation in the Section 8 program. Continue to participate
in meetings of the Cities Advisory to OCHA to maintain ongoing communication about
the Section 8 program and other affordable housing activities.
Program 1F. Tenant-Based Rental Assistance
Objective: Continue the TBRA program with qualified service providers and seek to
assist 200 households during the eight-year planning period.
Program 2A. Adequate Sites
Objective: The City will undertake the actions identified in the Program 2A narrative to
implement the adequate sites program concurrently with the adoption of the Housing
Element.
Additionally, the City will continually monitor candidate housing sites and overall
development within the City to ensure the City maintains overall capacity through the
Annual Progress Reporting process. If the City’s remaining inventory falls below its
remaining housing needs, the City will take the appropriate actions to identify
additional sites to accommodate the shortfall.
Program 2B. Establish Affordable Housing Overlay Zone
Objective: The City will draft the development standards and regulations related to the
Affordable Housing Overlay and adopt that zone concurrently with adoption of the
Housing Element update.
Program 2D. Actively Promote, Encourage, and Facilitate the Development of
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Accessory Dwelling Units
Objective: The City will support and accommodate the construction of at least 563
ADUs through the various extensive public outreach strategies described in the
program narrative. The City will also approve permit-ready standard plans to permit
new ADU construction to minimize design costs, expedite permit processing, and
provide development certainty for property owners.
Program 2E. ADU Monitoring Program
Objective: The Housing Element describes the total ADU production assumptions over
the eight-year period. In order to monitor affordability levels of ADUs developed
within the planning period, the City of Huntington Beach will develop an ADU
monitoring program consistent with the 2021-2029 ADU production goals. If ADUs are
not being permitted as assumed in the Housing Element, the City will take proactive
actions within 6 months of completion of the ADU review support the production of
ADUs. These actions may include additional incentives for ADU development or
identification of adequate sites to meet the City’s identified unaccommodated need.
Program 2F. Candidate Sites Identified in Previous Housing Elements
Objective: The City will identify candidate housing sites within the sites inventory which
may be subject to by right provisions if the criteria outlined in the Program 2F narrative
are met and the development provides at least 20% of the proposed units affordable
to lower income households.
Program 3A. Affordable Housing Program and Housing Trust Fund
Objective: Continue to utilize the Affordable Housing Ordinance as a tool to integrate
affordable housing within market rate developments, or alternatively, to generate
fees in support of affordable housing in off-site locations.
Program 3B. Affordable Housing Development Assistance
Objective: The City can play an important role in facilitating the development of quality,
affordable and mixed-income housing through the provision of regulatory incentives
and direct financial assistance. The City will provide ongoing financial and technical
assistance for the development of affordable and mixed-income housing as
development projects are submitted and prospective developers present inquiries to
the City throughout the planning period. Financial sources may include HOME, Housing
Trust Fund, PLHA, former RDA housing set-aside funds, Tax Credits, and other outside
sources.
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Program 4D. Small Lot Ordinance Amendment.
Objective: The City will review and amend the existing Small Lot Ordinance to
accommodate contemporary housing and subdivision lot configurations, as well as
more attainable housing products and feasible project financing.
Program 4E. Zoning Code Maintenance.
Objective: During the 6th cycle planning period, the City will particularly focus zoning
code maintenance amendments on residential sections of the code to ensure that
standards are clear and objective. The City will assess residential processing
procedures and other residential code provisions and propose amendments that will
result in reduced processing times and costs.
Program 5B. Low Barrier Navigation Center
Objective: Low barrier navigation centers provide temporary living facilities for
persons experiencing homelessness. To comply with State law, the City will adopt
policies, procedures, and regulations for processing this type of use to establish a non-
discretionary local permit approval process that must be provided to accommodate
supportive housing and lower barrier navigation centers pe r State law. In the interim,
any submitted application for this use type will be processed in accordance with State
law.
Program 5C. Farmworker Housing
Objective: The City of Huntington Beach will update Title 21 Chapter 210 of the
Huntington Beach Zoning Code to comply with provisions for farmworker housing in
compliance with the Employee Housing Act (Sections 17000-17062.5 of the California
Health and Safety Code).
Program 5D. Group Homes.
Objective: The City will review the permitting procedures, application requirements,
and development standards applicable to Group Homes to ensure consistency with
state and federal laws to create housing opportunities for persons with disabilities.
Program 7F. Proactively Seek and Leverage All Funding Options to Increase the
Supply of Affordable Housing.
Objective: The City will proactively pursue relevant State and Federal funding sources
to provide additional options for developers of lower-income housing that serve
veterans, seniors, individuals, families, and other special populations at-risk of and
currently experiencing homelessness in the City. The City will ensure that such housing
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options will include reasonable accommodations and supportive services for people
with disabilities. Additionally, the City will continue to be a member of the Orange
County Housing Finance Trust (OCHFT), a joint power authority composed of multiple
Orange County cities. The OCHFT can provide additional funding options for affordable
housing developers. The City will ensure that housing options will include reasonable
accommodations and supportive services for people with disabilities.
Program 7G. Proactively Seek Funding for Hotel/Motel Conversions to Transitional
and Supportive Housing.
Objective: Project Homekey continues a statewide effort to sustain and rapidly expand
housing for the target population- persons experiencing homelessness or at-risk of
homelessness. The Housing Element identifies three existing hotel/motel properties
for conversion to transitional and supportive housing through Project Homekey
funding. The City, in collaboration with the County of Orange and American Family
Housing, has received approval for Project Homekey funding to implement the
Hotel/Motel Conversion Overlay at one of the identified Homekey sites and
construction will begin in 2022. The City will identify development partners and
coordinate with the County of Orange on joint applications for funding for the two
other sites identified in the Hotel/Motel Conversion Overlay during the planning
period.
Actions taken to address obstacles to meeting underserved needs.
The City of Huntington Beach has identified long-range strategies, activities, and funding
sources to implement the goals in the areas of housing and community development services
for the benefit of the residents.
• The City continued to seek other resources and funding sources to address the biggest
obstacle to meeting the community's underserved needs, which is the lack of, and/or,
inadequate funding.
• The City looked for innovative and creative ways to make its delivery systems more
comprehensive and continued existing partnerships with both for-profit and not-for-
profit organizations.
• The City used HOME and CDBG funds to concentrate on both affordable rental
housing, tenant-based rental housing, and homeowner rehabilitation programs.
• The City addressed certain housing needs with federal funds such as availability,
condition, and fair housing practices to prevent homelessness.
• The City also addressed community development needs with federal funds such as
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infrastructure, improving public facilities and code enforcement.
• The City is working with surrounding jurisdictions on a regional approach to meeting
the underserved needs.
Actions taken to reduce lead-based paint hazards.
As a means of better protecting children and families against lead poisoning, in 1999 HUD
instituted revised lead-based paint regulations focused around the following five activities:
• Notification
• Lead Hazard Evaluation
• Lead Hazard Reduction
• Ongoing Maintenance
• Response to Children with Environmental Intervention Blood Lead Level
The City has implemented HUD Lead Based Paint Regulations (Title X), which requires
federally funded rehabilitation projects to address lead hazards. Lead-based paint abatement
is part of the City's Housing Rehabilitation Program and the Acquisition/Rehabilitation of
Affordable Rental Housing Program. Units within rental housing projects selected for
rehabilitation are tested if not statutorily exempt. Elimination or encapsulation remedies are
implemented if lead is detected and is paid for by either the developer of the project, or with
CDBG or HOME funds, as appropriate.
To reduce lead-based paint hazards in existing housing, all housing rehabilitation projects
supported with federal funds are tested for lead and asbestos. When a lead-based paint
hazard is present, the City or the City’s sub-grantee contracts with a lead consultant for
abatement or implementation of interim controls, based on the findings of the report.
Tenants are notified of the results of the test and the clearance report. In Section 8 programs,
staff annually inspects units on the existing program and new units as they become available.
In all cases, defective paint surfaces must be repaired. In situations where a unit is occupied
by a household with children under the age of six, corrective actions will include testing and
abatement if necessary, or abatement without testing.
Actions taken to reduce the number of poverty-level families.
The implementation of CDBG activities meeting the goals established in the 2020-2024
Consolidated Plan-Strategic Plan and this Annual Action Plan helped to reduce the number of
poverty-level families by:
• Supporting activities that expand the supply of housing that is affordable to low-
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and moderate-income households.
• Supporting a continuum of housing and public service programs to prevent and
eliminate homelessness.
• Supporting housing preservation programs that ensure low-income households
have a safe, decent and appropriate place to live; and
• Supporting public services through various nonprofits funded by CDBG that serve
the community’s youth, seniors, families and those with special needs.
In addition to these efforts, the City’s anti-poverty strategy seeks to enhance the
employability of residents through the promotion and support of programs which provide
employment training and supportive services, while expanding employment opportunities
through the implementation of the Downtown Business Improvement District and the
Tourism Business Improvement District, and its Economic Development Strategy. The
purpose of the Strategy is to identify the highest priority economic development objectives
in Huntington Beach, and to set goals, policies and recommended actions that will set the
framework for economic decisions. The Strategy contains a diverse range of core objectives
and goals to "Enhance Economic Development" and "Improve Financial Stability." Overall, the
Economic Development Strategy provides a road map to increase the overall community
wealth and prosperity of the residents and businesses in the City.
Next, the City of Huntington Beach supported a variety of economic development activities
that helped to create and retain jobs for low- and moderate-income households. Activities
supported include access to Surf City Locator, a free property listing and demographics
website that is available 24/7 and is fed directly through the largest and most up-to-date
commercial and industrial listing service in Southern California. Each listing is connected to a
world of helpful community demographic data, retail potential, heat maps, zoning
information, labor market & talent pool details, and more.
The City fully complied with Section 3 of the Housing and Community Development Act, which
helps foster local economic development and individual self-sufficiency. This set of
regulations require that to the greatest extent feasible, the City will provide job training,
employment, and contracting opportunities for low or very low-income residents in
connection with housing and public construction projects.
Actions taken to develop institutional structure.
As the recipient of federal CDBG, HOME, CDBG-CV, and HOME-ARP funds, the City delegated
the Community Development Department to be the lead department responsible for the
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overall administration of HUD grants. In that regard, the Department prepared the
Consolidated Plan and the Regional Analysis of Impediments to Fair Housing Choice, drafted
the Annual Action Plan, CAPER, and HOME-ARP Allocation Plan, as well as all other reports
required by federal rules and regulations.
The City has worked with non-profit agencies, for-profit developers, advocacy groups, clubs,
organizations, neighborhood leadership groups, City departments, the private sector, and
other government entities to implement the City’s five-year strategy to address the priority
needs outlined in the Consolidated Plan for Fiscal Years 2020/21 – 2024/25. Engaging the
community and stakeholders in the delivery of services and programs for the benefit of low
to moderate residents has been vital in overcoming gaps in service delivery. The City also
utilized public notices, Community Workshops and Meetings (as appropriate), the City’s
website, and other forms of media to deliver information on carrying out the Consolidated
Plan strategies.
Actions taken to enhance coordination between public and private housing and social service
agencies.
In an ongoing effort to bridge the gap of various programs and activities, the City developed
partnerships and collaborations with local service providers and City departments that have
been instrumental in meeting the needs and demands of the homeless, low-income
individuals and families, and other special needs. The array of partners includes but is not
limited to the Huntington Beach Police Department, Library Services, Community Services,
and Public Works Departments, American Family Housing, National CORE, Jamboree Housing
Corporation, Habitat for Humanity, Interval House, Mercy House, Families Forward, Collete’s
Children’s Home, AMCAL, Community SeniorServ, Project Self Sufficiency, the Fair Housing
Foundation, the Orange County Housing Authority, and 2-1-1 Orange County and OC
Community Services (Orange County Continuum of Care).
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions
analysis of impediments to fair housing choice.
In May 2020, Huntington Beach, along with 20 other Orange County cities, the County of
Orange, and the Lawyers Committee for Civil Rights Under Law, developed the Orange County
Analysis of Impediments to Fair Housing Choice. The AI outlined fair housing priorities and
goals to overcome fair housing issues. In addition, the AI laid out meaningful strategies to be
implemented to achieve progress towards the County’s obligation to affirmatively further fair
housing. The 2020-2024 AI identified these goals:
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1. Increase the supply of affordable housing in high opportunity areas.
2. Prevent displacement of low- and moderate-income residents with protected
characteristics, including Hispanic residents, Vietnamese residents, seniors, and
people with disabilities.
3. Increase community integration for persons with disabilities.
4. Ensure equal access to housing for persons with protected characteristics, who are
disproportionately likely to be lower-income and to experience homelessness.
5. Expand access to opportunity for protected classes.
In FY 2020/21, the City of Huntington Beach negotiated the terms of a 43-unit affordable
housing development for seniors located at 18431 Beach Boulevard. The project, known as
Jamboree’s Huntington Beach Seniors Project, is a collaborative effort between the City and
Jamboree Housing Corporation and seeks to accomplish several of the goals listed above. The
project will increase the supply of affordable housing, will integrate persons with disabilities
into the project, will ensure equal access to housing for persons with protected characteristics
(seniors), and expands access to opportunity for protected classes. The project is currently
underway.
The City also invested over $1.5 million in tenant based rental assistance using HOME funding
since July 2020 and has prevented displacement of nearly 150 lower income Huntington Beach
households to date.
The City also ensured equal access to housing and expanded access to opportunities for
persons with protected characteristics through the work of their contractor, the Fair Housing
Foundation (FHF). The FHF provided the following services to affirmatively further fair
housing:
Landlord/Tenant Services
In partnership with the FHF, the City conducted a multi-faceted fair housing program to
Huntington Beach tenants, landlords, property owners, realtors, and property management
companies. The program included counseling these parties on their rights and responsibilities
to determine if any fair housing violations occurred. In FY 2022/23, the FHF provided 405
unduplicated households with these direct client services, 75% of which were of extremely low
or low-income. Most of the calls (87%) were from in-place tenants with questions ranging from
habitability, rent increases, evictions, and notices to name a few.
Additionally, FHF continued to provide investigation and response to allegations of illegal
housing discrimination. Out of 53 allegations of discrimination, seven resulted in a case being
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opened for further investigation, and 46 were resolved. The top allegations had to do with
physical disability, mental disability, gender, and source of income.
Education and Outreach Activities
The FHF also provided a comprehensive, extensive, and viable education and outreach
program. The purpose of this program was to educate managers, tenants, landlords, owners,
realtors, and property management companies on fair housing laws, to promote media and
consumer interest, and to secure grass roots involvement within communities. FHF
specifically aimed their outreach to persons and protected classes that were most likely to
encounter housing discrimination. FHF conducted regularly scheduled “All Area Activities”
that directly benefited residents of Huntington Beach. In FY 2022/23, 427 individuals were
assisted within city limits.
The FHF participated in many community relations events including making contact with eight
agencies to discuss fair housing; manned two booths during the year; attended six community
meetings; made eight agency and community presentations; held eight workshops and walk-
in clinics on fair housing; and distributed 6,603 pieces of literature in Huntington Beach.
Finally, the City worked to enhance access to services and housing for residents with limited
English proficiency. For the federal CDBG program, the City offered to make public notices
available in English and Spanish, and ensured translators were available at public meetings, if
requested.
2022/23 CAPER 38
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring
Describe the standards and procedures used to monitor activities carried out in furtherance of
the plan and used to ensure long-term compliance with requirements of the programs involved,
including minority business outreach and the comprehensive planning requirements
The City follows monitoring procedures for subrecipients, which includes a thorough in-house
review of quarterly progress reports and expenditures, and an annual desk or on-site visit to
ensure compliance with federal regulations. The monitoring system encourages uniform
reporting to achieve consistent information on beneficiaries. Technical assistance is provided
throughout the program year on an as-needed basis. Formal monitoring of multiple public
service agreements with 2022/23 subrecipients was performed by desk review during the
program year. Monitoring of FY 2022/23 subrecipients will be conducted in FY 2023/24.
The City also performs project monitoring of all rent restricted affordable units assisted with
HOME, CDBG, and the former Redevelopment Agency Housing Set-Aside Funds, and in
accordance with 24 CFR 92.504 (d):
• Annual audits for compliance with regulatory agreement affordability covenants; and
• On site visits, which include property inspections of randomly selected units assisted
with HOME, CDBG, and former Redevelopment Agency Housing Set- Aside Funds.
In addition, the City encouraged minority business outreach in all of its federally assisted
(CDBG and HOME) construction work in excess of $2,000. As part of the Notice Inviting Bid
procedures, the City requires subrecipients undertaking improvements, reconstruction, or
rehabilitation of community and private facilities, infrastructure projects, and affordable
housing developments to make a good faith effort to hire women or minority-based
businesses and to require equal employment opportunity for all individuals and business
concerns.
Citizen Participation Plan
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment
on performance reports.
Pursuant to 24 CFR Part 91, the City solicited public review and comment on the draft 2022/23
Consolidated Annual Performance and Evaluation Report (CAPER). A notice was published on
August 31, 2023 indicating a public review period from September 1, 2023 through September
19, 2023. The 2022/23 CAPER was available in hard copy at Huntington Beach City Hall and for
2022/23 CAPER 39
OMB Control No: 2506-0117 (exp. 09/30/2021)
public review on the City’s website at:
http://www.huntingtonbeachca.gov/business/economic-development/cdbg/. Copies were
also available to be emailed or delivered via U.S. mail to interested persons. A public meeting
to approve the plan will be held on September 19, 2023.
2022/23 CAPER 40
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and
indications of how the jurisdiction would change its programs as a result of its experiences.
Between the dates of July 1, 2022 and June 30, 2023, Huntington Beach submitted one
substantial and one minor amendment to their FY 2022/23 Annual Action Plan.
On November 1, 2022, the Huntington Beach City Council adopted Substantial Amendment
No. 1 to the FY 2022/23 AAP which included the addition of a new Mobile Home Tenant-Based
Rental Assistance Program for seniors. The program was awarded $391,654 in HOME prior
year unallocated funds. The amendment also included a budget increase of $65,000 to the
Rehabilitation Loans and Grants Program to fund inspections and repairs of more mobile
homes. Finally, this amendment also increased the Housing Services for Tenant-Based Rental
Assistance Program by $78,000 for a new total of $183,000 to accommodate the income
eligibility and housing inspections required for new mobile home TBRA recipients.
The minor amendment to the FY 2022/23 Action Plan was submitted on June 27, 2023 to allow
the Mercy House TBRA program another year of implementation. The two-year program is
now set to terminate on June 30, 2024. With the additional year of operations, Mercy House
will enroll seven additional households to the program.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
Not applicable.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
2022/23 CAPER 41
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME
Include the results of on-site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
Huntington Beach monitors HOME-assisted affordable rental housing to determine
compliance with HOME property standards set forth in 24 CFR 92.251 and with the Housing
Quality Standards (“HQS”) found in 24 CFR 882.109. The City has partnered with several
CHDOs and for-profit developers throughout the years to develop affordable housing
including Orange County Community Housing Corporation (OCCHC), Collette’s Children’s
Home, Interval House, and Jamboree to name a few. In FY 2022/23, 13 HOME affordable
housing projects encompassing 319 units total were monitored and inspected. All properties
were inspected between March and May 2023, and letters of compliance were mailed out in
April and May. Properties that were inspected include:
• Barton I Apartments, 7812 Barton Lane, 4 units – In Compliance
• Barton II Apartments, 7802 Barton Lane, 4 units – In Compliance
• Pacific Court Apartments, 2200 Delaware, 47 units – In Compliance
• Oceana Apartments, 18151 Beach Boulevard, 24 units – In Compliance
• Huntington Pointe Apartments, 18992 Florida Street, 104 units – In Compliance
• Hermosa Vista, 15363 & 15425 Goldenwest Street, 88 units – In Compliance
• Jamboree II, 17362 Koledo Lane, 5 units – In Compliance
• OCCHC Keelson, 17382 Keelson Lane, 4 units – In Compliance
• OCCHC Koledo II, 17291 & 17351 Koledo Lane, 8 units - In Compliance
• OCCHC Koledo III, 17401 & 17431 Koledo Lane, 10 units - In Compliance
• O OCCHC Koledo IV, 17411 & 17421 Koledo Lane, 10 units - In Compliance
• OCCHC Koledo V, 17412 Koledo Lane, 5 units - In Compliance
• Pacific Sun Apartments, 17452, 17462, and 17472 Keelson Lane, 6 units – In Compliance
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
For new construction and rehabilitation of rental project activities, the City requires the
owner/developer to have an Affirmative Fair Housing Marketing Plan prior to any lease-up
activities occurring. During FY 2022/23, the City collected and monitored 12 Affirmative
Marketing and Tenant Selection Plans and all were in compliance with the affordable housing
agreements and with the requirements at 24 CFR 200.620.
Refer to IDIS reports to describe the amount and use of program income for projects, including
the number of projects and owner and tenant characteristics
2022/23 CAPER 42
OMB Control No: 2506-0117 (exp. 09/30/2021)
Huntington Beach had a total of $1,239,093.36 in HOME program income in FY 2022/23
($1,091,908.08 from prior year receipts, and $147,185.28 in new receipts), all of which is
attributed to homeowner rehabilitation loan payoffs. Between July 1, 2022 and June 30, 2023,
the City drew down $981,573.63 for the following activities:
• $817,746.83 on IDIS #685 HB Senior Housing Project (underway)
• $24,141.25 on IDIS #687 2021 Mercy House Tenant-Based Rental Assistance Program
(homeless, at risk of homelessness, victims of domestic violence, and veterans)
• $52,579.13 on IDIS #650 2019 HOME Administration
• $35,944.00 on IDIS #693 2022 Mercy House Tenant-Based Rental Assistance Program
(homeless, at risk of homelessness, victims of domestic violence, and veterans)
• $51,162.40 on IDIS #692 on 2022 Families Forward Tenant-Based Rental Assistance
Program (families with children who are homeless and at risk of homelessness)
Consistent with HUD regulations, the City drew down program income before requesting
funds from the HOME letter of credit.
Describe other actions taken to foster and maintain affordable housing.
The City allocated $2.8 million in HOME funds for the development of a 43 -unit senior
affordable housing project at 18431 Beach Boulevard in the FY 2020/21 Annual Action Plan. The
Huntington Beach Senior Housing Project is being developed in partnership with Jamboree
Housing Corporation. With an investment of $2.8 million, nine units will HOME-restricted to
eligible Huntington Beach seniors. The project is currently under construction and when
complete, the nine units added to the City’s affordable housing inventory will be recorded in
the CAPER.
Next, the City worked with the County or Orange, National CORE, and American Family
Housing to acquire and develop the former Quality Inn & Suites site at 17251 Beach Boulevard.
The former hotel, now titled the Huntington Beach Oasis, will be converted into a non-
congregate shelter comprising 62 units for adult individuals and households experiencing
homelessness in the Orange County Central Service Planning Area. Residents at the
Huntington Beach Oasis will be provided with interim housing and supportive services that
meet the complex needs of those experiencing homelessness. The project was funded with a
variety of local sources including $1.8 million of Huntington Beach’s special allocation of HOME
funds awarded through the American Rescue Act (HOME-ARP). The project is currently
underway.
2022/23 CAPER 43
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City also worked with Families Forward and Mercy House to offer tenant-based rental
assistance programs to 33 Huntington Beach households, as discussed throughout this report.
A third housing assistance program was added to the City’s program delivery at the end of the
program year and 23 senior households were immediately enrolled confirming a critical need
for space rent assistance for Huntington Beach’s senior population.
2022/23 CAPER 44
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities
by Program
CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants
who are Public Housing Targeted Workers
Outreach efforts to generate job applicants
who are Other Funding Targeted Workers.
Direct, on-the job training (including
apprenticeships).
Indirect training such as arranging for,
contracting for, or paying tuition for, off-site
training.
Technical assistance to help Section 3
workers compete for jobs (e.g., resume
assistance, coaching).
Outreach efforts to identify and secure bids
from Section 3 business concerns.
Technical assistance to help Section 3
business concerns understand and bid on
contracts.
Division of contracts into smaller jobs to
facilitate participation by Section 3 business
concerns.
Provided or connected residents with
assistance in seeking employment including:
drafting resumes, preparing for interviews,
finding job opportunities, connecting
residents to job placement services.
Held one or more job fairs.
2022/23 CAPER 45
OMB Control No: 2506-0117 (exp. 09/30/2021)
Provided or connected residents with
supportive services that can provide direct
services or referrals.
Provided or connected residents with
supportive services that provide one or
more of the following: work readiness
health screenings, interview clothing,
uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend
community college or a four year
educational institution.
Assisted residents to apply for, or attend
vocational/technical training.
Assisted residents to obtain financial literacy
training and/or coaching.
Bonding assistance, guaranties, or other
efforts to support viable bids from Section 3
business concerns.
Provided or connected residents with
training on computer use or online
technologies.
Promoting the use of a business registry
designed to create opportunities for
disadvantaged and small businesses.
Outreach, engagement, or referrals with the
state one-stop system, as designed in
Section 121(e)(2) of the Workforce
Innovation and Opportunity Act.
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program
Annual CDBG
& HOME
End-of-Year
Progress Report
to HUD
City Council
September 19, 2023
Background
The Consolidated Annual Performance and Evaluation
Report (CAPER) is a required annual progress report to the
U.S. Department of Housing and Urban Development
(HUD) for:
•Community Development Block Grant (CDBG)
•HOME Investment Partnerships (HOME)
COMMUNITY DEVELOPMENT
BLOCK GRANT
Background
•CAPER must describe progress of all
CDBG & HOME projects and
programs
•Report must be approved by City
Council and submitted to HUD by
September 28
COMMUNITY DEVELOPMENT
BLOCK GRANT
Funding Categories
Public Services Housing Capital Projects
'PUBLIC BUILDINGS ~-F■t .LL t • El
TT
.I. ij, A A ill .[I]. .. -~ lln Jill wPli'ii
HI fft ..-... ~ m ·!!·
COMMUNITY DEVELOPMENT
BLOCK GRANT
Oak View Children’s Bureau
Accomplishments
COMMUNITY DEVELOPMENT
BLOCK GRANT
StandUp for Kids &
Navigation Center
Accomplishments
COMMUNITY DEVELOPMENT
BLOCK GRANT
Senior Care Services
Accomplishments
COMMUNITY DEVELOPMENT
BLOCK GRANT
Code Enforcement
Accomplishments
Before After Before After
COMMUNITY DEVELOPMENT
BLOCK GRANT
Tenant Based Rental
Assistance (TBRA)
Accomplishments
COMMUNITY DEVELOPMENT
BLOCK GRANT
Mobile Home Tenant Based
Rental Assistance (MHTBRA)Accomplishments
COMMUNITY DEVELOPMENT
BLOCK GRANT
Recommended Action
•Adopt the FY 2022-23 CAPER for CDBG and HOME
federal entitlement grant funds
•Authorize submission of CAPER to HUD
COMMUNITY DEVELOPMENT
BLOCK GRANT
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-740 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Scott M. Haberle, Fire Chief
PREPARED BY:Kevin Justen, Senior Management Analyst
Subject:
Consider the Harbour Commission’s recommendation regarding proposed changes to Code
of Federal Regulations affecting public navigation through Anaheim Bay
Statement of Issue:
Naval Weapons Station Seal Beach has requested input on proposed changes to Section 334.930 of
the Code of Federal Regulations (CFR), which affects vessel and watercraft traffic in the public
navigation channel through Anaheim Bay. The Harbour Commission evaluated the draft revised CFR
and at its August 24, 2023 meeting voted to recommend that the City Council also consider
concurring with the proposed changes, with an amendment that would specify that only vessels with
California Boat/Vessel Registration be allowed to transit through this area.
Financial Impact:
Not Applicable
Recommended Action:
A)As recommended by the Harbour Commission, provide input to Naval Weapons Seal Beach
regarding proposed changes to CFR Section 334.930, indicating that the City concurs with the
proposed changes, with an amendment specifying that only vessels with California Boat/Vessel
Registration be allowed to transit through the Anaheim Bay public navigation channel; and,
B)Authorize the Mayor to submit a letter to the Commanding Officer of Naval Weapons Station Seal
Beach specifying that the City concurs with the proposed CFR changes with the recommended
amendment.
Alternative Action(s):
Do not provide input regarding the proposed CFR changes and provide alternative direction.
Analysis:
The Naval Weapons Station Seal Beach (NWSSB) ammunition pier construction project rerouted and
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-740 MEETING DATE:9/19/2023
redesigned the public navigation channel through Anaheim Bay. This provides an opportunity to
change Section 334.930 of the CFR. The NWSSB Commanding Officer requested input from the
City of Huntington Beach regarding the proposed changes, which pertain to the use of vessels and
watercraft in the public navigation channel. Specifically, paragraph 3 of the CFR delineates the
vessels and watercraft authorized to transit through Anaheim Bay via the public navigation channel.
At its August 24, 2023 meeting, the Harbour Commission evaluated the proposed CFR changes. In
doing so, they solicited input from the OC Sheriff Harbor Patrol and performed analysis of Huntington
Beach Fire Department Marine Safety incident and rescue data. Following this, they made a motion
to recommend that the City Council concur with the changes, with the following revisions to
paragraph 3 (shown in bold):
(3)Only vessels under power, with a current California Boat/Vessel Registration, are
authorized to transit through Anaheim Bay within the limits of the marked public navigation
channel adjacent to the East Jetty.Vessels under sail,kayaks, canoes, rowboats,paddleboards,
hydrofoil boards, kite boards, wind surfers, sailboards,recreational swimming or any other
activity involving persons in the water are prohibited.
The Harbour Commission’s report is included as Attachment 1. It provides detailed analysis of the
issues related to the CFR revisions, the original CFR language and a draft letter for the Mayor to
submit to Captain Jessica O’Brien, Commanding Officer of NWSSB.
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.Harbour Commission Recommendation Regarding Proposed CFR Changes Impacting
Anaheim Bay
2.PowerPoint Presentation Proposed CFR Changes for Anaheim Bay
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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1
CITY OF HUNTINGTON BEACH
P.O. BOX 190 2000 Main Street California 92648
CITY OF HUNTINGTON BEACH
HARBOUR COMMISSION
TO: HUNTINGTON BEACH HARBOUR COMMISSION
FROM: VESSELS AND WATERCRAFT AD HOC COMMITTEE
MEMBERS: SCHAUPPNER, VANVOORHIS, WOOD
DATE: AUGUST 16, 2023
SUBJ: PROPOSED CHANGE TO 33 CFR § 334.930 ANAHEIM BAY
HARBOR, CALIF.; NAVAL WEAPONS STATION, SEAL BEACH
Executive Summary:
The Naval Weapons Station Seal Beach (NWSSB) ammunition pier construction
project that rerouted and redesigned the public navigation channel through
Anaheim Bay provides an opportunity to change 33 CFR § 334.930 Anaheim Bay
Harbor, Calif.; Naval Weapons Station, Seal Beach (the CFR).
The NWSSB Commanding Officer welcomes input from the City of Huntington
Beach regarding recommended changes to the CFR as it pertains to the use of
vessels and watercraft in the public navigation channel.
Specifically, paragraph 3 of the CFR delineates the vessels and watercraft
authorized to transit through Anaheim Bay via the public navigation channel.
The NWSSB Public Affairs Officer provided a draft of the NWSSB proposed CFR
changes (see enclosure 1) to the Huntington Beach Harbour Commission Vessel
and Watercraft Ad Hoc Committee for review.
After reviewing the NWSSB proposed CFR changes, soliciting input from the OC
Sheriff Harbor Patrol and conducting analysis of Huntington Beach Fire
Department Marine Safety incident and rescue data, the HBHC Vessels and
Watercraft Ad Hoc Committee recommends that the City co ncur with the NWSSB
draft CFR change proposal with paragraph 3 amended to limit the use of the
public navigation channel to vessels under power with a current California
Boat/Vessel Registration as described in the recommended amendment below.
2
Recommended Amendment:
Original:
(3) Recreational craft, such as water skis, jet skis (personal water craft), row
boats, canoes, kayaks, wind surfers, sail boards, surf boards, etc., and any
activity involving persons in the water, are specifically prohibited within the
restricted area.
NWSSB Proposed Change:
(3) Vessels under sail, paddleboards, recreational swimming or any other activity
involving persons in the water is prohibited.
Amendment to NWSSB Proposed Change (bold italics for emphasis):
(3) Only vessels under power, with a current California Boat/Vessel
Registration, are authorized to transit through Anaheim Bay within the
limits of the marked public navigation channel adjacent to the East Jetty.
Vessels under sail, kayaks, canoes, rowboats, paddleboards, hydrofoil
boards, kite boards, wind surfers, sailboards, recreational swimming or any
other activity involving persons in the water are prohibited.
Background and Analysis:
The CFR regulates the use of the public navigation channel that provides the
sole entry and exit route for vessels and watercraft transiting into and out of
Huntington Harbour. The CFR also gives the NWSSB Commanding Officer
authority to restrict and disallow the navigating or anchorage of craft during such
times as the Commanding Officer determines that considerations of national
security or safety warrant such action(s).
The CFR is current as of March 3, 1988, as amended on April 10, 1997.
Authority to change the CFR resides with the U.S. Army Corps of Engineers
(USACE). NWSSB is requesting an update of the CFR along with 33 CFR §
110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal
Beach, California; Naval Explosives Anchorage.1 The recent ammunition pier
construction project necessitates updating the CFR to reflect the new
configuration of the public navigation channel and to delineate restricted areas,
security measure and safety considerations in Anaheim Bay more accurately.
1 33 CFR § 110.215 focuses on restrictions to navigation based on explosives operations in Anaheim Bay
and is not the subject of this review. It provides specific boundaries (latitudes and longitudes) of restricted
areas within Anaheim Bay and is under the authority of the U.S. Coast Guard (USCG).
3
Figures 1 below shows the reconfiguration of Anaheim Bay and highlights (in
yellow) the new public navigation channel. The distance from the Pacific Coast
Highway bridge to the west channel exit is approximately 5,300 feet
(approximately one statute mile). The width of the channel between the jetties is
approximately 250 feet. The waters to the north of the channel are restricted
area. For security purposes, vessels are required to transit the channel without
stopping or loitering and are forbidden from entering the restricted area.
Figure 1: Anaheim Bay Configuration after Ammunition Pier Construction Completion
The length and width of the public navigation channel pose both a safety risk and
a hazard to navigation if kayaks, paddle boards and other manually powered
personal watercraft are allowed to transit the channel. Tidal flows through the
channel exacerbate those risks as the narrow chokepoint between the jetties
creates a Bernoulli effect (or rush of water) that hinder forward progress when
paddling against it. The narrow channel also poses a hazard to boaters
transiting the channel as the average kayaker may not be familiar with rules of
the roads or the limited maneuverability of a powerboat at minimum steerage
speed or 5 mile per hour, whichever is less.
4
Data analysis from the Huntington Beach Fire Department Marine Safety Division
reveals that, since the 2020 reintroduction of lifeguards in Huntington Harbour,
106 kayakers and 130 paddle boarders have been rescued. Reportedly, this
large number of rescues can be attributed to physical exhaustion and/or loss of
orientation among kayakers and paddle boarders. Due to the perceived safety
and calmness of the protected waters, visitors tend to underestimate the
challenges of paddling in the harbor, where high winds and tidal currents can
deceive even accomplished paddlers. Opening the public navigation channel
west of the Pacific Coast Highway bridge to kayakers and/or other manually
powered personal watercraft would result in an increase d number of rescues.
This would be especially true during ebb tide periods when the tidal flow out of
the harbor would facilitate a one-way trip to the Pacific Ocean. In addition to the
obvious risk to human life, the increase in resources needed to respond to
emergencies outside of the harbor has not been studied, planned or budgeted for
by the Orange County Sheriff’s Department2 or the Huntington Beach Fire
Department.
The Orange County Sheriff’s Department Harbor Patrol Bureau, Sunset Harbor
supports allowing power vessels (i.e., powerboats & personal watercraft AKA jet
skis) authorization to transit through the Anaheim Bay at 5 mph without stopping
between Huntington Harbour (inside the Pacific Coast Highway bridge) and the
demarcation line. Sergeant Ron West of the County Sheriff’s Department Harbor
Patrol, Sunset Harbor provided the following expert insight:
In the interest of public safety, we are very much against
allowing human-powered crafts (kayaks, SUPs, Floaties,
Etc...) inside the area. This is due to the high boat traffic and
strong tidal currents in that narrow channel. I believe there
would be an increase in rescue calls for exhausted kayakers
and paddleboarders during tidal changes, as well as vessel
collisions caused by an increase in human-powered vessels
being restricted in their ability to maneuver because of the
wind and currents in that narrow channel. There is also the
likelihood of "curious" tourists paddling into the Na val
Weapons Station, unaware of the security risk they may
pose. Human-powered vessels rarely have CF numbers and
the operators rarely carry identification with them making it
more time-consuming to properly identify would-be
offenders.
The counter argument for authorizing kayaks, paddleboards and other manually
powered personal watercraft in the public navigation channel stems from the
public interest for coastal access. The Coastal Commission Report (CD-002-18)
2 The Orange County Sheriff’s Department has jurisdiction west of the PCH bridge (i.e., in the p ublic
navigation channel).
5
filed 10/25/2018 recommending concurrence on the ammunition pier project
stated:
Because the new public access channel would be separated
from the Navy’s access to the new ammunition pier (Exhibit
4), boating access would be improved following construction.
The width of the public navigation channel would be
increased to a navigable width of approximately 250 feet,
compared to the existing width of approximately 150 feet.
The Navy estimates that temporary closure times (when a
vessel is in transit to the new ammunitions pier) would be
reduced compared to the current situation by 30-50%,
because of the greater distance of separation between the
channel leading to the ammunition pier and the new public
access channel. Finally, the Navy states that it would work
with the U.S. Coast Guard and the Army Corps of Engineers
to eliminate or reduce the restrictions on jet skis, kayaks,
surfboards, paddleboards, and wind surfing within the public
access channel.
However, the Huntington Beach Harbour Commission Vessel and Watercraft Ad
Hoc Committee believes the real risk to personal safety and the hazards to
navigation outweigh the marginal increase to coastal public access. In fact, the
security restrictions preventing vessels and watercraft from stopping or loitering
while transiting the public navigation channel limits coastal access in the area.
Coastal access to the ocean environment remains available at both Sunset
Beach and Seal Beach.
Summary:
The Huntington Beach Harbour Commission Vessel and Watercraft Ad Hoc
Committee recommends the Harbour Commission approve the recommendation
that the Huntington Beach City Council provide the following input to NWSB:
The City of Huntington Beach concurs with the Naval Weapons Seal Beach
proposed changes to 33 CFR 334.930 with paragraph 3 amended as follows
(use of bold and italics to highlight recommended amendment to NWSSB
proposed change):
(3) Only vessels under power, with a current California Boat/Vessel
Registration, are authorized to transit through Anaheim Bay within the
limits of the marked public navigation channel adjacent to the East Jetty.
Vessels under sail, kayaks, canoes, rowboats, paddleboards, hydrofoil
boards, kite boards, wind surfers, sailboards, recreational swimming or any
other activity involving persons in the water are prohibited.
6
Enclosures:
Enclosure 1: NWSSB Proposed Changes to 33 CFR § 110.215 and § 334.930
(Working Copy)
Enclosure 2: Draft Letter from the Mayor of the City of Huntington Beach to the
Commanding Officer of Naval Weapons Station Seal Beach
DRAFT WORKING COPY – NOT FOR PUBLIC RELEASE
Enclosure (1)
ANAHEIM BAY CFR CHANGES
Background: Anaheim Bay has been extensively modified under Military Construction
(MILCON) projects P-224/6, and some Navy missions performed in the bay have changed.
The following Code of Federal Regulation (CFR) sections are no longer accurate and require
changes:
33 CFR § 110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal
Beach, California; Naval Explosives Anchorage (this CFR section is under the authority of
the USCG); and
33 CFR § 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station, Seal Beach
(CFR section under the authority of the USACE).
+++++++++++++++++++++
1. 33 CFR § 110.215 – This section largely focuses on restrictions to navigation
based on explosives operations in Anaheim Bay. Due to changes in the location of the public
navigation channel and the recent elimination of outer harbor explosives anchorages, the
following updates are needed:
1. Eliminate incorrect information on outer harbor explosives anchorages, and focus on
ammunition wharf/pier explosives operations in mid & inner bay areas.
2. Delineate location of the new restricted areas and new public navigation channel.
3. Clarify responsibilities for enforcement of Navy restricted areas as USN or USN-
designated agencies.
This CFR section is listed as under the authority of the U.S. Coast Guard.
CURRENT CFR TEXT:
§ 110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal
Beach, California; Naval Explosives Anchorage.
(a)The anchorage ground. The waters of Anaheim Bay Harbor between the east side of the
Entrance Channel and the East Jetty, and the west side of the Entrance Channel and the West Jetty
as outlined in the following two sections:
(1)East Side: (2)West Side:
Latitude Longitude Latitude Longitude
DRAFT WORKING COPY – NOT FOR PUBLIC RELEASE
Enclosure (1)
33°44′03.0″ N 118°05′35.0″ W 33°44′05.0″ N 118°05′40.0″ W
33°43′53.0″ N 118°05′15.0″ W 33°44′06.0″ N 118°05′56.5″ W
33°43′49.0″ N 118°05′18.0″ W 33°44′01.0″ N 118°06′01.0″ W
33°43′36.5″ N 118°05′56.0″ W 33°43′40.5″ N 118°06′03.0″ W
33°43′37.0″ N 118°05′57.0″ W 33°43′39.5″ N 118°06′02.0″ W
33°44′03.0″ N 118°05′35.0″ W 33°44′05.0″ N 118°05′40.0″ W
(b)The regulations.
(1) This area is reserved for use of naval vessels carrying or transferring ammunition or
explosives under standard military restrictions as established by the Safety Manual, Armed
Service Explosives Board.
(2) No pleasure or commercial craft shall navigate or anchor within this area at any time without
first obtaining permission from the Commanding Officer, Naval Weapons Station, Seal Beach,
California. This officer will extend full cooperation relating to public use of the area and will fully
consider every reasonable request for the passage of small craft in light of requirements for
national security and safety of persons and property.
(3) Nothing in this section shall be construed as relieving the owner or operator of any vessel from
the regulations contained in § 334.930 of Title 33, covering navigation in Anaheim Bay Harbor.
(4) The regulations in this section shall be administered by the Commanding Officer U.S. Naval
Weapons Station, Seal Beach, California and by such agencies as he may designate, and
enforced by the Captain of the Port, Los Angeles-Long Beach, California.
[CGD11-87-07, 53 FR 878, Jan. 14, 1988, as amended by USCG-2015-0433, 80 FR 44281, July 27,
2015]
PROPOSED CFR REVISION (CHANGES IN RED):
§ 110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station Seal
Beach, California; Naval Explosives Operations.
(a)The restricted area. The waters of Anaheim Bay Harbor between the East and West Jetties, and
the contiguous inner basin at the United States Naval Weapons Station, Seal Beach, California, with
the exception of the public navigation channel directly adjacent to the East Jetty.
DRAFT WORKING COPY – NOT FOR PUBLIC RELEASE
Enclosure (1)
(b) The public navigation channel. The designated public navigation channel within Anaheim Bay
Harbor starting at the mouth of the outer harbor and running northeast, adjacent to the East Jetty, as
far north as the Anaheim Bay Bridge, as outlined in the following two sections:
(1)Northeast
Boundary:
(2)Southwest
Boundary:
Latitude Longitude Latitude Longitude
33°43′38.865″ N 118°06′06.772″ W 33°43′36.423″ N 118°06′00.978″ W
33°43′49.883″ N 118°05′44.174″ W 33°43′45.578″ N 118°05′35.371″ W
33°43′55.954″ N 118°05′23.436″ W 33°43′54.123″ N 118°05′19.767″ W
33°43′55.986″ N 118°05′12.583″ W 33°43′53.031″ N 118°05′10.729″ W
33°43′55.665″ N 118°05′06.558″ W 33°43′53.866″ N 118°05′05.746″ W
(c)The regulations.
(1) The restricted area is reserved for the sole use of naval vessels carrying or transferring
ammunition or explosives under standard military restrictions as established by DoD 6055.09-M,
DoD Ammunition and Explosives Safety Standards, and for other military purposes.
(2) No pleasure or commercial craft shall navigate or anchor within the restricted area at any time
without first obtaining permission from the Commanding Officer, Naval Weapons Station Seal
Beach, California.
(3) The Commanding Officer, Naval Weapons Station, Seal Beach, California authorizes civilian
pleasure and commercial craft to navigate only within the public navigation channel. The authority
of the Naval Weapons Station Commanding Officer in this area extends to restricting and
disallowing the navigating of craft in the public navigation channel during such times as the
Commanding Officer determines that considerations of national security or safety warrant such
action(s).
(4) Nothing in this section shall be construed as relieving the owner or operator of any vessel from
the regulations contained in § 334.930 of Title 33, covering navigation in Anaheim Bay Harbor.
(5) The regulations in this section shall be administered and enforced by the Commanding Officer,
Naval Weapons Station Seal Beach, California, and by such agencies as the Commanding Officer
may designate.
DRAFT WORKING COPY – NOT FOR PUBLIC RELEASE
Enclosure (1)
++++++++++
2. 33 CFR § 334.930 – This section focuses on restrictions to specific civilian use of
Anaheim Bay. As with 33 CFR § 110.215, changes are needed to the stated locations of the
restricted areas and public channel. Also, due to the small width of the original public navigation
channel and other factors, safety regulations were put in place to eliminate personal and hand-
powered watercraft use inside the bay. With the completion of a wider and much shorter public
channel with much clearer sight lines, the Navy is looking to eliminate many of these restrictions
if USCG and USACE determine that it is safe to do so. We are therefore looking at making the
following changes:
1. Delineate location of the new restricted areas and new public navigation channel.
2. With USCG and USACE concurrence, eliminate restrictions on most hand powered
watercraft and PWCs.
[Note: It was the original intention of the Navy to eliminate all restrictions on hand-powered
watercraft. However, after reviewing an original draft of CFR changes, the Orange County
Sheriff’s Department raised concerns about the safety of paddle boards and kayaks due to current
flow at the narrow waterway under the Anaheim Bay Bridge. This latest CFR draft keeps paddle
boards on the restricted list but would allow for the use of kayaks. The Navy is especially
interested in USCG and USACE input on this issue.]
3. Add warning about stopping or anchoring inside the harbor.
4. Update contact information that is ~30 years out of date.
This CFR section is listed as under the authority of the U.S. Army Corps of Engineers.
CURRENT CFR TEXT:
33 CFR § 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station, Seal
Beach.
(a)The restricted area. The water of Anaheim Bay Harbor between the east and west jetties at the
United States Naval Weapons Station, Seal Beach, California, and the contiguous tidal channel and
basin as far east as the Anaheim Bay bridge.
(b)The regulation.
(1) The authority of the Naval Weapons Station Commanding Officer in this area extends to
restricting and disallowing the navigating or anchorage of craft during such times as the
Commanding Officer determines that considerations of national security or safety warrant such
action(s).
DRAFT WORKING COPY – NOT FOR PUBLIC RELEASE
Enclosure (1)
(2) All craft authorized transit of this area shall stay within the limits of the entrance channel in the
Outer Harbor, and confine their movement to within the limits of the marked small craft channel at
the southern portion of the Inner Harbor.
(3) Recreational craft, such as water skis, jet skis (personal water craft), row boats, canoes,
kayaks, wind surfers, sail boards, surf boards, etc., and any activity involving persons in the water,
are specifically prohibited within the restricted area.
(4) Boats unable to throttle down or to maintain steerage way at 5 miles per hour speed shall
proceed at the minimum speed consistent with seamanship in an area regularly subject to
waterborne explosive handling operations. In case of doubt, boat operators of inbound boats will
remain in the west end of the basin and outbound boats in the east end of the basin until informed
by a representative of the Naval Weapons Station or U.S. Coast Guard of the completion of the
waterborne explosive handling hazard.
(5) Smoking, open flames and barbecues in boats are prohibited during the transit of this area.
(6) Nothing in the regulations in this section shall be construed as relieving the owner or persons
in command of any vessels or plant from the penalties of the law for obstructing navigation or for
not complying with the navigation laws in regard to lights or signals or for otherwise violating law.
(7) All vessel operators shall heed and obey all posted signs and/or instructions issued by security
personnel of the U.S. Naval Weapons Station.
(8) The regulations in this section shall be enforced by the Commanding Officer, U.S. Naval
Weapons Station, Seal Beach, California, and such agencies as he/she may designate. For
clarification or other information, the U.S. Naval Weapons Station Command Duty Officer should
be contacted at (213) 594-7101.
[ 53 FR 6942, Mar. 3, 1988, as amended at 62 FR 17556, Apr. 10, 1997]
PROPOSED CFR REVISION (CHANGES IN RED):
§ 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station Seal Beach.
(a)The restricted area. The water of Anaheim Bay Harbor between the east and west jetties at the
United States Naval Weapons Station, Seal Beach, California, and the contiguous inner basin.
(b) The Public Navigation Channel. The designated public navigation channel within Anaheim Bay
Harbor, starting at the mouth of the outer harbor and running northeast, adjacent to the East Jetty,
as far north as the Anaheim Bay Bridge.
(c)The regulation.
(1) The authority of the Naval Weapons Station Commanding Officer in this area extends to
restricting and disallowing the navigating or anchorage of craft during such times as the
Commanding Officer determines that considerations of national security or safety warrant such
action(s).
(2) Unless otherwise approved by the Commanding Officer, Naval Weapons Station Seal Beach,
civilian craft are only authorized transit through Anaheim Bay within the limits of the marked public
navigation channel adjacent to the East Jetty.
(3) Vessels under sail, paddle boards, recreational swimming or any other activity involving
persons in the water is prohibited.
DRAFT WORKING COPY – NOT FOR PUBLIC RELEASE
Enclosure (1)
(4) Anchoring or stopping within Anaheim Bay is prohibited without prior approval by the
Commanding Officer, Naval Weapons Station Seal Beach. Boats unable to throttle down or to
maintain steerage way at 5 miles per hour speed shall proceed at the minimum speed consistent
with safe navigation.
(5) Smoking, open flames and barbecues in boats are prohibited during the transit of this area.
(6) Nothing in the regulations in this section shall be construed as relieving the owner or persons
in command of any vessels or plant from the penalties of the law for obstructing navigation or for
not complying with the navigation laws in regard to lights or signals or for otherwise violating law.
(7) All vessel operators shall heed and obey all posted signs and/or instructions issued by security
personnel of the U.S. Naval Weapons Station.
(8) The regulations in this section shall be enforced by the Commanding Officer, U.S. Naval
Weapons Station, Seal Beach, California, and such agencies as they may designate. For
clarification or other information, the U.S. Naval Weapons Station Public Affairs Officer should be
contacted at (562) 626-7215.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
TONY STRICKLAND
MAYOR
Fax 714.536.5233 Page 1 of 2 Office: 714.536.5553
September 19, 2023
Captain Jessica O’Brien
Commanding Officer
Naval Weapons Station Seal Beach
800 Seal Beach Boulevard, B-204
Seal Beach, California 90740
Captain O’Brien:
Thank you for affording the City of Huntington Beach with the opportunity to provide
input to the proposed changes to 33 CFR § 334.930 Anaheim Bay Harbor, Calif ornia,
Naval Weapons Station, Seal Beach (the CFR). This letter provides the City’s
recommendation regarding the CFR, which affects vessel and watercraft access to the
newly designed and rerouted public navigation channel through Anaheim Ba y.
The Huntington Beach Harbour Commission reviewed the draft copy of Naval Weapons
Station Seal Beach proposed changes to the CFR (Enclosure 1). The Commission also
solicited input from the Orange County Sheriff’s Harbor Patrol and conducted analysis
using Huntington Beach Fire Department Marine Safety Division historical incident and
rescue data. They then provided recommendations to the City Council.
The City concurs with the Naval Weapons Station Seal Beach proposed changes to the
CFR with paragraph 3 amended as follows (bold and italics are used to highlight the
City’s recommended amendment to the proposed change).
Amend paragraph 3 to read:
(3) Only vessels under power, with a current California Boat/Vessel Registration,
are authorized to transit through Anaheim Bay within the limits of the marked
public navigation channel adjacent to the east jetty. Vessels under sail, kayaks,
canoes, rowboats, paddleboards, hydrofoil boards, kite boards, wind surfers,
sailboards, recreational swimming or any other activity involving persons in the water
are prohibited.
The enclosed CFR change proposal issue paper from the Huntington Beach Harbour
Commission provides the rationale and data supporting the City’s recommendation
(Enclosure 2). Notwithstanding the desire to maximize costal access to the public, the
City believes that the risk to personal safety and the hazards to navigation incurred by
allowing kayaks or other manually powered personal watercraft in the public navigation
channel outweigh the marginal increase in coastal access.
Fax 714.536.5233 Page 2 of 2 Office: 714.536.5575
If you have any questions or would like to like additional information, my points of
contact are:
Al Zelinka
City Manager
Email: Al.Zelinka@surfcity-hb.org
Phone: 714-536-5202
Scott Haberle
Fire Chief
Email: Scott.Haberle@surfcity-hb.org
Phone: 714-536-5401
Thank you for allowing the City to weigh in on this important safety issue. We look
forward to collaborating with Naval Weapons Station Seal Beach on future efforts.
Very respectfully,
Tony Strickland
Mayor, City of Huntington Beach
Enclosures:
1. Proposed Changes to 33 CFR § 110.215 and § 334.930
2. Harbour Commission CFR Change Proposal Issue Paper
VESSEL &
WATERCRAFT AD HOC
COMMITTEE REPORT
CFR CHANGE PROPOSAL
Issue:
•Title 33 CFR §334.930 Paragraph 3 delineates the vessels and watercraft authorized to transit through Anaheim Bay via the public navigation channel
•The public navigation channel provides the sole entry and exit route for vessels and watercraft transiting into and out of Huntington Harbour
•The recent ammunition pier project at Naval Weapons Station Seal Beach (NWSSB) rerouted and redesigned the public navigation channel
•The CFR requires updating to reflect the reconfiguration of Anaheim Bay
•The Commanding Officer of NWSSB requests the City of Huntington Beach input on proposed changes to the CFR
ISSUE STATEMENT
~1-B
HUNTINGTON BEACH
Concur with NWSSB Proposed Changes to 33 CFR §334.930 with Recommended Amendment to Paragraph 3
Original:
(3)Recreational craft, such as water skis, jet skis (personal water craft), row boats, canoes, kayaks, wind
surfers, sail boards, surf boards, etc., and any activity involving persons in the water, are specifically
prohibited within the restricted area.
NWSSB Proposed Change :
(3)Vessels under sail, paddle boards, recreational swimming or any other activity involving persons in the
water is prohibited.
Recommended Amendment:
(3)Only vessels under power, with a current California Boat/Vessel Registration, are authorized to transit
through Anaheim Bay within the limits of the marked public navigation channel adjacent to the East
Jetty.Vessels under sail,kayaks, canoes, row boats,paddle boards,hydrofoil boards,kite boards, wind
surfers, sail boards,recreational swimming or any other activity involving persons in the water are prohibited.
RECOMMENDATION
~1-B
....._,. HUNTINGTON BEACH
•Since the 2020 reintroduction of lifeguards in Huntington Harbour:
•106 kayakers have been rescued
•130 paddle boarders have been rescued
•Exhaustion and loss of orientation root cause of most rescues
•Novice paddlers tend to underestimate the wind and tidal currents
•Tidal flows in the public navigation channel pose an increased risk
•Hazards to navigation in narrow 250’ wide channel also a concern
•OC Sheriff Harbor Patrol predicts an increased number of rescues if manually powered watercraft allowed in public navigation channel
•OC Sheriff and HBFD lack the resources to respond to the predicted increase in the number of rescues in the public navigation channel
DATA ANALYSIS
SUBJECT MATTER EXPERT OPINION
~l-B
.....,. HUNTINGTON BEACH
QUESTIONS
~
~
HUNT INGTON BEACH ~
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-780 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Capt. Ryan Reilly and Ingrid Ono
PREPARED BY:Eric Parra, Chief of Police
Subject:
Approve Responses to the 2022-2023 Orange County Grand Jury Reports Related to Animal
Welfare
Statement of Issue:
In June 2023, the Orange County Grand Jury released a report entitled “Gimme Shelter and a Pound
of Advice - The State of Animal Welfare Overseen by the County of Orange.” The City of Huntington
Beach is required by California Penal Code Section 933.05 to respond to certain findings and
recommendations in this report. A draft letter provided proposed responses for the City Council’s
consideration.
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; and
B)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 a response to the findings and recommendations
specified.
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
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-780 MEETING DATE:9/19/2023
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 a report entitled “Gimme Shelter and
a Pound of Advice -The State of Animal Welfare Overseen by the County of Orange,”requires a
response from the City within 90 days of its release.The City previously sought an extension,
providing additional time to provide a response, which has been drafted for Council approval.
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
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”
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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.
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
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
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
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
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
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.
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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.
unincorporated
area
Ladera Ran ch
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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
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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
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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
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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.
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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.
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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.
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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)
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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
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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
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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)
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
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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
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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.”
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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
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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.
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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.
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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.
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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)
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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)
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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)
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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
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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
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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
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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
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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).
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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)
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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
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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
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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?
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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
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ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 46 OF 51
APPENDIX 5
OCAC 4th Quarter 2022 Asilomar Report
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
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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
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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
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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.
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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.
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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.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
TONY STRICKLAND
MAYOR
Fax 714.536.5233 Page 1 of 3 Office: 714.536.5553
September 13, 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:
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.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conduct ed
by the City of Huntington Beach.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
Fax 714.536.5233 Page 2 of 3 Office: 714.536.5575
F8:
The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years.
Response:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
F11:
The termination of the Trap, Neuter, and Return program is correlated with an increase in
adult cat euthanasia rate at the shelter.
Response:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
F13:
The current adoption appointment system restricts public access to the dog kennels, thereby
limiting potential adopters’ access to all available animals.
Response:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
Fax 714.536.5233 Page 3 of 3 Office: 714.536.5575
F15:
Internal and community engagement does not adequately communicate the shelter’s mission
and operating strategy.
Response:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
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:
Reviews specific to operations of the Orange County Animal Shelter have not been conducted
by the City of Huntington Beach.
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 agrees with this finding.
Respectfully,
Tony Strickland
Mayor
Cc:
Al Zelinka, City Manager
Eric Parra, Chief of Police
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-696 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Alvin Papa, Deputy Director of Public Works
PREPARED BY:Bob Stachelski, Traffic and Transportation Manager
Subject:
Authorize the Mayor and City Attorney to execute Cooperative Agreement No. C-3-2654
between the Orange County Transportation Authority and the City of Huntington Beach for the
I-405 Improvement Project
Statement of Issue:
The City of Huntington Beach entered into a cooperative agreement with the Orange County
Transportation Authority (OCTA) in 2016 to facilitate administration, permitting, staffing and
construction of the I-405 Freeway Improvement Project and provide a mechanism to reimburse the
City for expensed incurred as a result of the project effort. That agreement expired on April 30, 2023.
The current action would adopt a new cooperative agreement to provide the same support and
reimbursement authorization through the completion of the project, extending to June 30, 2024 .
Financial Impact:
Execution of the agreement will allow the City of Huntington Beach to receive reimbursement for
direct expenses and staff time for the administration, assistance, processing and other services
provided by the City in support of the completion of the I-405 Freeway Improvement Project.
Recommended Action:
Authorize the Mayor and City Attorney to execute Cooperative Agreement No. C-3-2654 between the
Orange County Transportation Authority and the City of Huntington Beach for the I-405 Improvement
Project
Alternative Action(s):
Do not approve the Cooperative Agreement and forego reimbursement for remaining efforts on the
project. Council may direct staff to negotiate revised terms with OCTA and return with a revised
agreement.
Analysis:
The City of Huntington Beach, along with other corridor agencies, has been actively working in
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-696 MEETING DATE:9/19/2023
cooperation with OCTA for more than 20 years to pursue the improvement of Interstate 405 from the
Interstate 605 interchange to the State Route 73 interchange. The initial goal of this effort was to help
ensure that the corridor would provide sufficient capacity and operations to support transportation
needs for the next 20-30 years. The initial planning and design efforts culminated in the funding of
construction and hiring of OC405 Partners in January 2017 to complete the project in under a design-
build delivery method.
Prior to awarding the design-build contract, OCTA recognized that each of the corridor agencies
would be required to provide significant staff resources in support of the project including:
·Plan review
·Permitting
·Emergency services
·Inspections
·Public Outreach
·Administration
·Contract services
·Coordination with OCTA, OC405 Partners, Caltrans and corridor agencies
To date, the City has received a total of $217,605 in direct reimbursement for staff time and other
direct expenses incurred as a direct result of the project.
OCTA also recognized that traffic diversion due to freeway closures and general construction traffic
had the potential to accelerate deterioration of local roadway pavement. The original agreement also
included a lump sum payment to Huntington Beach for the estimated value of those impacts of
$682,737. That lump sum payment was received early in the project construction process.
The original agreement had an expiration date of April 30, 2023, based on the anticipated schedule
for completion of the project. Due to delays that inevitably occurred on the project due to a variety of
reasons, work is expected to continue into early 2024. The new cooperative agreement will provide
additional financial resources to fund City efforts through the anticipated completion of the project in
2024. The agreement identifies authorization for reimbursement for a maximum of $200,000 for the
completion of the project. Staff believes that the amount allocated will adequately cover staff efforts
and expenses through completion of the project.
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.Cooperative Agreement No. C-3-2654 between the Orange County Transportation Authority
and the City of Huntington Beach for the I-405 Freeway Project
2.Presentation of overview of City efforts on the I-405 Project and the Cooperative Agreement
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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COOPERATIVE AGREEMENT NO. C-3-2654
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF HUNTINGTON BEACH
FOR
1-405 IMPROVEMENT PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this __ _ day of
_______ , 2023 (Effective Date), by and between the Orange County Transportation
Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation
of the State of California (herein referred to as "AUTHORITY") and the City of Huntington Beach, 2000
Main Street, Huntington Beach, California 92648, a municipal corporation duly organized and existing
under the constitution and laws of the State of California (herein referred to as "CITY") each individually
known as "Party" and collectively known as the "Parties".
RECITALS:
WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of
Transportation, herein referred to as "CAL TRANS", is proposing to reduce congestion and improve
lane continuity through the Interstate 405 (l-405) corridor with improvements to mainline and
interchanges on the 1-405 between State Route 73 (SR-73) and Interstate 605 (1-605); and
WHEREAS, the improvements are generally defined as adding one general-purpose lane from
Euclid Street to 1-605, plus adding an additional median lane which will be combined with the existing
high-occupancy vehicle (HOV) lane and operated as dual express lanes in each direction of the 1-405
from SR-73 to 1-605, replacing and/or widening structures, and other additional geometric and
interchange improvements, including improvements to CITY-owned and operated streets, and traffic
facilities hereinafter referred to as CITY FACILITIES potentially impacted by this project, all of which
are hereinafter referred to as "PROJECT".
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COOPERATIVE AGREEMENT NO. C-3-2654
WHEREAS, AUTHORITY has hired a design-build team, OC405 Partners, JV, herein referred
to as "CONTRACTOR", to design, and construct PROJECT via a design-build delivery method, and
design-build contract was executed January 31, 2017. Contract documents (CONTRACT
DOCUMENTS) refer to all documents as part of the contract with OC405 Partners, JV; and
WHEREAS, Cooperative Agreement C-5-3614 between AUTHORITY and CITY concerning
this Project has expired on April 30, 2023,; and WHEREAS, this Cooperative Agreement defines the
specific terms, conditions, and funding responsibilities between the AUTHORITY and CITY regarding
the design and construction of PROJECT in regards to CITY FACILITIES through Project closeout
anticipated June 30, 2024; and
WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT; and
WHEREAS, CITY-owned and operated utilities will be subject to an utility agreement(s) and
separate from, and outside of this Agreement; and
WHEREAS, PROJECT is located within and adjacent to the CAL TRANS right of way in the Cities
of Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Seal Beach, Los
Alamitos, and County of Orange; and
WHEREAS, AUTHORITY has contracted with Parsons Transportation Group, Inc., as the
Program Management Consultant (PMC) for this PROJECT, to assist with the administration and
oversight of the procurement, and design and construction phases of PROJECT; and
WHEREAS, AUTHORITY has contracted with Jacobs Project Management Co., as the
Construction Management Consultant (CMC) for this PROJECT, to assist with the administration and
oversight of the procurement, and construction phases of PROJECT; and
WHEREAS, AUTHORITY agrees to acquire right of way; and
WHEREAS, AUTHORITY shall ensure CONTRACTOR's compliance with all applicable
requirements contained in this Agreement; and
WHEREAS, CITY FACILITIES will potentially be impacted by PROJECT, and AUTHORITY
desires to collaborate with CITY during the design and construction of PROJECT; and
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COOPERATIVE AGREEMENT NO. C-3-2654
WHEREAS, AUTHORITY will provide contract administration for all phases of PROJECT work
on CITY FACILITIES, and work within CITY right of way, while adhering to State, Federal, and CITY
standards and requirements, as applicable; and
WHEREAS, AUTHORITY will reimburse CITY for actual costs for CITY SERVICES, as related to
improvements to CITY FACILITIES, and defined as:
• Review and approval of plans, specifications, and other pertinent engineering plans,
and reports, and for oversight construction inspection services
• Review and acceptance of Transportation Management Plan (TMP)
• Traffic engineering, and oversight detour inspections
• CITY police services; and
WHEREAS, AUTHORITY has paid to CITY, in the amount of Six Hundred Eighty Two Thousand
Seven Hundred Thirty Seven Dollars ($682,737), for pavement mitigation costs, as quantified and priced
by the AUTHORITY, and identified in the Structural Pavement Investigation and Report, 1-405 Final
Concept Detour Routes Impact Study, 1-405 Improvement Project, dated October 11, 2018; and
WHEREAS, in addition to the pavement mitigation reimbursement by AUTHORITY as set forth
above, Parties agree to assess and evaluate actual post-construction impacts to CITY streets, on a case-
by case basis, as a result of PROJECT's signed, long-term detours within CITY's jurisdiction, as well as
the costs of mitigating such impacts, if any; and
WHEREAS, CITY agrees to manage its staff and consultants to provide CITY SERVICES within
the Maximum Obligation amount as amended herein; and
WHEREAS, AUTHORITY's Board of Directors authorized this Agreement on the ___ day of
________ _, 2023;and
WHEREAS, CITY's City Council approved this Agreement on the
---------' 2023.
____ day of
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
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COOPERATIVE AGREEMENT NO. C-3-2654
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals
are true and correct and incorporated by reference herein.
B. AUTHORITYS' failure to insist on any instance(s) of CITY's performance of any term(s)
or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation
in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
representative of AUTHORITY by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
be binding upon CITY except when specifically confirmed in writing by an authorized representative of
CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate and
coordinate with the other in all activities covered by this Agreement and any amendments to this
Agreement.
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ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:
A. To be the sponsor and funding agency to manage and administer the design-build
contract for PROJECT, which includes preliminary engineering, right of way acquisition, , and other
related services, including improvements to CITY FACILITIES which are necessary as part of PROJECT.
B. To perform right of way acquisition and right of way certification for PROJECT, and
specifically, for CITY FACILITIES, if necessary.
C. To include within the CONTRACT DOCUMENTS, in regard to CITY FACILITIES, design
criteria which meets acceptable CITY standards, and are applicable at the time of Contract execution.
This responsibility was achieved through, and referenced in, Cooperative Agreement C-5-3614.
D. To coordinate with CITY during the development of the CONTRACT DOCUMENTS, and
afford the CITY the opportunity to review, and comment on the CONTRACT DOCUMENTS, in regard to
CITY FACILITIES, and in accordance with the terms of this Agreement. This responsibility was achieved
through, and referenced in, Cooperative Agreement C-5-3614.
E. The CITY review times will be applicable to the design and construction of PROJECT in
regard to CITY FACILITIES. AUTHORITY will hold Joint Resolution Meetings (JRT) with CITY to resolve
CITY comments and obtain approvals, if applicable.
F. To coordinate the design and construction of PROJECT with the CITY and hold regular
technical and partnering meetings to brief the CITY on the status of PROJECT, solicit input, and provide
a forum to discuss and resolve PROJECT issues which impact the CITY.
G. To comply with all requirements of the Final Environmental Impact Report/Environmental
Impact Statement (FEIR/FEIS) for the PROJECT, including but not limited to the preparation and
processing of any, and all supplemental environmental documents, including those required for CITY
FACILITY improvements as part of PROJECT.
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COOPERATIVE AGREEMENT NO. C-3-2654
H. If AUTHORITY encounters hazardous, archeological, paleontological, cultural, or other
protected materials and/or species within any existing or future CITY-owned right of way for the CITY
FACILITIES, AUTHORITY shall notify the CITY and responsible control agencies of such discovery.
I. The costs for any remediation or protection for Article 3, Paragraph H, shall be covered
as a PROJECT cost, provided that AUTHORITY may seek reimbursement from other third parties which
may be jointly or severally liable for such removal or protection.
J. To protect in place, rearrange or relocate after CITY consultation and concurrence, CITY
owned public utility facilities found to be in conflict with PROJECT. All conditions of this clause shall be
subject to utility agreements which are separate from, and outside of this Agreement.
K. To secure and comply with any, and all other governmental and/or regulatory approvals,
permits and/or clearances required for the design and construction of CITY FACILITIES included in
PROJECT.
L. In the event CITY requests additional improvements, they shall be evaluated and
processed in accordance with Article 4, Paragraph L, of this Agreement.
M. To implement a Quality Management Plan during all phases of PROJECT.
N. To monitor all PROJECT activities to ensure compliance with the approved PROJECT
schedule, quality and budget goals of PROJECT.
0. To obtain concurrence for permanent easements, if required, for CITY FACILITIES.
P. To facilitate discussion between CITY, local agencies, and others regarding resolution of
ownership, operation, and maintenance of CITY FACILITIES.
Q. To coordinate with CAL TRANS and CITY for preparation and execution of Maintenance
Agreements.
R. To convey ownership of any property acquired by AUTHORITY for PROJECT, and which
is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right of
way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be completed
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through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall convey such
property in a condition acceptable to the CITY and in accordance with CAL TRANS' Right of Way Manual.
S. To require CONTRACTOR to submit to CITY for review and approval, including but not
limited to, plans, specifications, and other pertinent engineering plans, and reports, for CITY FACILITIES
prior to construction thereof. During construction, CITY may provide construction oversight inspection
services. Such reviews and approvals, and construction oversight inspection services (CITY SERVICES)
shall be in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this
Agreement.
T. To require CONTRACTOR to implement all applicable elements of the approved
Transportation Management Plan (TMP) and TMP amendments.. The TMP addresses construction-
related impacts to existing CITY street traffic, and includes normal traffic handling requirements during
PROJECT construction including staging, lane closures, re-striping, detours, and signalization, and
specifies requirements for communicating with the public and local agencies during construction.
Modifications to streets, intersections, signals, etc., required to address traffic impacts during construction
will be borne as a PROJECT cost. Such review and acceptance of TMP (CITY SERVICES) shall be in
accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement.
U. To obtain a written acceptance of TMP amendments from CITY.
V. To reimburse the CITY for its actual costs for oversight detour inspections, traffic
engineering services (including staff overhead and third-party traffic signal maintenance service costs
contracted out by CITY), and police services (including overtime costs). Ongoing deployment of
police services related to PROJECT traffic management will require prior approval by AUTHORITY.
Such traffic engineering, oversight detour inspections, and police services (CITY SERVICES) shall be
in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement.
W. To monitor and ensure CONTRACTOR compliance with the TMP.
X. To work collaboratively with CITY to prepare a methodology for approval by Parties, for
post-detour analysis of pavement conditions of CITY streets that were used for signed, long-term and
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alternate route detours. As part of the pre-detour analysis of pavement conditions of CITY streets,
AUTHORITY has previously reimbursed CITY the amount of Six Hundred Eighty Two Thousand Seven
Hundred Thirty Seven Dollars ($682,737), for pavement mitigation costs, as quantified and priced by the
AUTHORITY, and identified in the Structural Pavement Investigation and Report, 1-405 Final Concept
Detour Routes Impact Study, 1-405 Improvement Project, dated October 11, 2018. The pre-detour
pavement analysis identified CITY street segments that were determined to need pavement repair due
to signed, long-term and alternate route detours, based on the existing pavement conditions and
forecasted impacts resulting from the PROJECT. Analysis of post-detour pavement conditions for
signed, long-term and alternate route detours, will be performed when the respective detour(s) is no
longer needed. Parties will agree on the final AUTHORITY reimbursement cost for the individual detours
upon review of the post-detour pavement analysis for each specific detour, at which time CITY can invoice
for that agreed upon cost. Pavement mitigation amounts for street pavement repairs (CITY SERVICES)
shall be in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement
and applicable amendments.
Y. To require CONTRACTOR to repair street pavements that receive damage as a result of
construction. CONTRACTOR will be required to adhere to CITY's requirements for removal and
replacement of pavement in accordance with the CONTRACT DOCUMENTS and this Agreement.
Z. To require CONTRACTOR to obtain a no fee encroachment permit from CITY prior to
commencing construction of PROJECT. Provided all conditions of such permit have been fulfilled, the
permits shall authorize CONTRACTOR to commence work within CITY right of way, or areas which affect
CITY FACILITIES.
AA. To monitor and ensure CONTRACTOR compliance with CITY's permit.
BB. To implement a Public Awareness Campaign during PROJECT that advises CITY, local
businesses, residents, elected officials, motorists, and media, of construction status, street detours, and
ramp and freeway closures, if and where applicable.
CC. To provide PROJECT closeout activities, including walk-through, punch list, final payment
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accounting, and furnish approved "As-builts" to CITY for CITY FACILITIES.
DD. To develop, for CITY, a record of survey, final maps, and all necessary title transfers
relative to PROJECT.
EE. To reimburse CITY for combined costs identified as "CITY SERVICES", and in
accordance with the attached SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR
COMBINED CITY SERVICES."
EE. To reimburse CITY for actual costs, within 30 days from receipt of an acceptable invoice,
which is complete, properly prepared and complies with the requirements of ARTICLE 5, REQUEST FOR
REIMBURSEMENT, below.
FF. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined
maximum amount shown on SCHEDULE A.
GG. To perform all work associated with the PROJECT at no cost to the CITY, unless
specifically provided otherwise herein or in any amendment to this Agreement.
HH. To cause all contractors and vendors who perform work or provide supplies for CITY
FACILITIES to name the CITY as an additional insured on policies of insurance wherein AUTHORITY
requires CITY to be named as an additional insured and, prior to the commencement of work, provide
certificates of insurance to CITY showing the CITY as an additional insured.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A. To collaborate and cooperate with AUTHORITY during the development of the
CONTRACT DOCUMENTS and during the design and construction of PROJECT.
B. To provide CITY SERVICES for PROJECT as agreed by CITY and AUTHORITY.
C. To review, and provide comment on, in a timely manner, and in accordance with the
CONTRACT DOCUMENTS and this Agreement, all plans and other submittals related to PROJECT, and
approve and/or concur with AUTHORITY or CONTRACTOR's submittals when CITY determines such
submittals comply with CITY's standards and criteria to facilitate AUTHORITY's delivery of PROJECT.
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COOPERATIVE AGREEMENT NO. C-3-2654
D. To make available to AUTHORITY all necessary CITY regulations, policies, procedures,
manuals, standard plans, and specifications required for the construction of PROJECT when requested
by AUTHORITY.
E. To attend and participate in the PROJECT's regular technical and partnering meetings for
AUTHORITY to brief CITY on the status of PROJECT, and to provide a forum to discuss and to resolve
CITY's concerns and issues.
F. To make reasonable efforts and devote reasonable resources for the issuance of
encroachment permits, and other necessary permits, if applicable, to CONTRACTOR at no fee, and upon
CONTRACTOR's compliance with permit requirements, to not cause delay to PROJECTS' construction
schedule. Such permits shall authorize CONTRACTOR to commence work within CITY right-of-way, or
areas which affect CITY FACILITIES.
G. To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and
contractors, to meet or exceed design-build schedule criteria as identified by AUTHORITY.
H. To waive any moratorium on the excavation or trenching work on CITY streets that were
recently resurfaced where such excavation or trenching are necessary for PROJECT. CONTRACTOR
will be required to adhere to CITY's requirements for the removal and replacement of pavement in
accordance with the CONTRACT DOCUMENTS and this Agreement.
I. To cooperate with AUTHORITY and use its best efforts to cause the rearrangement or
relocation of all municipal and public utility facilities, in accordance with applicable State or local franchises
or laws, that may be determined by the AUTHORITY and the CITY to be within CITY's jurisdiction and
pose a conflict with the PROJECT. The CITY hereby agrees to exercise and invoke its rights under
any applicable State or local franchises or laws, or any prior rights or superior rights the CITY may
have to effectuate such rearrangement or relocation at the expense of the affected public utility as
necessary to conform to PROJECT. The CITY shall cooperate with the AUTHORITY and provide all
appropriate and necessary support to achieve this result. In the event the public utility fails to make
the rearrangement or relocation or fails to agree to make the rearrangement or relocation in a timely
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manner, the CITY shall assign its rights as they apply to such rearrangement or relocation as
necessary to permit the AUTHORITY to cause rearrangement or relocation in a timely manner. The
CITY shall cooperate with the AUTHORITY, provide assistance to the AUTHORITY as needed, and
join with the AUTHORITY as a party in the prosecution or defense of the CITY's and the AUTHORITY's
rights under the laws of the State of California to cause such rearrangements or relocations. Wherever
possible, any rearrangement or relocation of a public utility shall be made to an area covered by a
State or local franchises or laws. All conditions of this clause shall be subject to utility agreements
which are separate from and outside of this Agreement.
J. To agree to take ownership of property acquired by AUTHORITY for PROJECT, and
which is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right
of way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be
completed through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall
convey such property in a condition acceptable to CITY and in accordance with CAL TRANS Right of Way
Manual.
K. To accept operation and maintenance of the CITY FACILITIES, or portion thereof, upon
their acceptance by AUTHORITY, and based upon the AUTHORITY's written certification that the
AUTHORITY has complied with all terms of the Agreement. The acceptance of the CITY FACILITIES
and written certification shall not unreasonably be withheld. CITY acknowledges that CITY FACILITIES
may be completed at different times and accepted in different stages of PROJECT.
L. In the event CITY requests additional CITY FACILITY improvements to be incorporated
into PROJECT, CITY shall be solely responsible for all costs and expenses related thereto, including:
1) the costs incurred to incorporate the improvements into the PROJECT's scope of work; 2) additional
design, construction and oversight costs arising from or associated with the improvements, including
change orders related thereto; 3) additional operations and maintenance costs arising from or
associated with the improvements, including change orders related thereto; and 4) costs associated
with any impact on the design and construction schedule associated with the improvements, including
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any associated PROJECT delay costs and damages. This is not intended to eliminate mitigations
for required PROJECT changes identified during construction. AUTHORITY, at its sole discretion,
may agree to incorporate such CITY FACILITY improvements, via an amendment to this
Agreement, identifying the CITY FACILITY improvements, estimated costs, and funding sources from
CITY for these improvements.
M. To submit monthly invoices to AUTHORITY for work completed and actual costs incurred
by CITY for CITY SERVICES, pursuant to ARTICLE 5. REQUEST FOR REIMBURSEMENT. CITY shall
submit final invoice no later than ninety (90) days after final acceptance of PROJECT. Any costs in
excess of the amounts specified herein shall not be incurred without a written amendment to this
Agreement.
ARTICLE 5. REQUEST FOR REIMBURSEMENT
In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees:
A. To prepare and submit to AUTHORITY a monthly invoice with supporting
documentation. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY.
The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the
accuracy of the included information.
B. The invoice shall be submitted on CITY's letterhead.
C. The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY's Accounts
Payable Office. Each invoice shall include the following information:
1. Agreement Number C-X-XXXX
2. The total of PROJECT expenditures shall specify the percent and amount of funds
to be reimbursed, and include support documentation for all expenses invoiced.
3. Adequate detail describing all work completed.
4. Such other information as requested by AUTHORITY.
D. To consult with AUTHORITY's Project Manager for questions regarding non-reimbursable
expenses.
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E. That total payments shall not exceed the maximum obligation specified in ARTICLE 7.
MAXIMUM OBLIGATION.
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are delegated
to its CITY's Public Works Director, or designee, and the actions required to be taken by AUTHORITY in
the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or
designee.
ARTICLE 7. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be Two
Hundred Thousand dollars ($200,000), unless agreed to and amended by both Parties.
ARTICLE 8. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and
other data and records of CITY for a period of four (4) years after final payment, or until any on-going
audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of
AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor or
consultant.
ARTICLE 9. INDEMNIFICATION
A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense
with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless
AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
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awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
persons (CITY's employees included), for damage to property, including property owned by AUTHORITY,
or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent
acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection
with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold
harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
persons (AUTHORITY's employees included), for damage to property, including property owned by CITY,
or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent
acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in
connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration
or termination.
ARTICLE 10. ADDITIONAL PROVISIONS
A. Term of Agreement: The term of this Agreement shall be in full force and effect through
June 30, 2024.
B. Termination: In the event either Party defaults in the performance of its obligations under
this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall provide
written notice to the defaulting Party to cure such default within thirty (30) days of such default. If the
default cannot be cured within such time, as determined by the non-defaulting Party, then the defaulting
Party shall have such additional time as provided in the written notice or such time as the Parties may
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otherwise agree in writing. In any event, the non-defaulting Party shall promptly take such actions as are
reasonably necessary to cure the default. If the default or breach is material and not cured within the
time provided herein, either Party has the option, in addition to any other remedies available at law, to
terminate this Agreement upon thirty (30) days' prior written notice to the other Party.
C. Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal,
state, and local laws, statues, ordinances and regulations of any governmental authority having
jurisdiction over the PROJECT.
D. Legal Authority: AUTHORITY and CITY hereto warrants that the persons executing this
Agreement are authorized to execute this Agreement on behalf of said Parties and that by so executing
this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
E. Severability: If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
F. Counterparts of Agreement: This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original and all
of which together shall constitute the same agreement. Facsimile signatures will be permitted.
G. Force Majeure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government; national
fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause
is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
the control and is not due to the fault or negligence of the Party not performing.
H. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
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COOPERATIVE AGREEMENT NO. C-3-2654
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
void and of no force and effect. Consent to one assignment shall not be deemed consent to any
subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
I. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this Agreement.
J. Litigation fees: In the event that either Party to this Agreement shall commence any legal
or equitable action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover
its costs of suit, including reasonable costs and attorney's fees as determined by the court.
K. Notices: Any notices, requests, or demands made between the Parties pursuant to this
Agreement are to be directed as follows:
I
I
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I
To CITY
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach, CA 92648
Attention: Chau Vu
Acting Director of Public Works
Tel: (714) 374 5345
Email: cvu@surfcity-hb.org
To AUTHORITY
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attention: Ms. Reem Hashem
Section Manager, Capital Projects
Tel: (714) 560-5446
Email: rhashem@octa.net
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COOPERATIVE AGREEMENT NO. C-3-2654
This Agreement shall be made effective upon execution by both Parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2654 to be
executed as of the date of the last signature below.
CITY OF HUNTINGTON BEACH
By: _________ _
Tony Strickland
Mayor
ATTEST:
By: _________ _
Robin Estanislau
City Clerk
APPROVAL RECOMMENDED:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ___________ _
Darrell E. Johnson
Chief Executive Officer
APPROVED AS TO FORM:
By: ___________ _
James M. Donich
General Counsel
APPROVAL RECOMMENDED:
By : ~_____ay,-__ _
Chau Vu James G. Beil, P.E.
Public Works Director Executive Director, Capital Programs
APPROVED AS TO FORM:
By: _______ _
Michael E. Gates
City Attorney
Attachment:
Schedule A -Maximum Reimbursement for Combined City Services
Page 17 of 17
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COOPERATIVE AGREEMENT NO. C-3-2654
SCHEDULE A
REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES
CITY OF HUNTINGTON BEACH
Description of City Services Maximum Reimbursement
Amount(1)
Review and approval of plans, specifications, plans, and other pertinent engineering plans and $180,000 reports, Traffic Management Plan (TMP) review and concurrence, and construction oversight
inspection services related to CITY FACILITIES.
Traffic engineering and detour inspection $14,000
Police services (including overtime costs) $6,000
TOTAL MAXIMUM REIMBURSEMENT $200,000
(1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this Agreement, the CITY
may redistribute funds for items of work as needed; however, the total combined amount for CITY SERVICES shall not exceed the Total Maximum
Reimbursement amount shown herein.
Approve
Cooperative
Agreement
C-3-2654
Orange County Transportation
Authority for I-405 Improvement
Project
September 5, 2023
BACKGROUND
• Initial work for the I-405 project started in 2001 –
planning and programming
• OCTA awarded design-build project to OC405 Builders
January 2017
• OCTA entered into Cooperative Agreements with all of
the local agencies along the project corridor in 2016 to
facilitate tasks needed to complete the project and
compensate agencies for expenses/efforts
NEED/WHY/BENEFITS
• The Cooperative Agreement outlines various efforts
that each party will undertake or participate in to
complete the project
• The agreement also includes financial
reimbursement terms and amounts for various City
efforts needed to complete the project
• Prior agreement expired in April 2023
• New agreement needed to continue all aspects of
prior agreement through the completion of the
project in 2024
DETAILS
• The City has already received $682,737 for pavement
mitigation costs – pavement life impacts due to
freeway detours onto local streets
• The City has received $217,605 to date for other
direct staff expenses/efforts related to the project
• New agreement authorizes a maximum
reimbursement amount for additional expenses of
$200,000 through the completion of the project
RECOMMENDATION
•Approve Cooperative Agreement C-3-2654 with
OCTA and authorize the Mayor and City Attorney
to execute the agreement
Questions?
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-725 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Alvin Papa, Deputy Director of Public Works
PREPARED BY:Bill Krill, Real Estate and Project Manager
Subject:
Approve and authorize execution of the Second Amendment to Site License Agreement
between the City of Huntington Beach and T-Mobile West LLC, for a Wireless Communications
Facility at Fire Station 6-Edwards
Statement of Issue:
Under its current site license with the City at Fire Station 6 - Edwards (Edwards Fire Station), T-
Mobile was authorized to install an onsite generator to allow wireless operations to continue during
power outages. While the placement of the generator complied with the license agreement, it blocks
access to onsite storage of HAZMAT equipment. The amendment presented for City Council
approval will require T-Mobile make additional improvement to the site to establish a pedestrian
pathway to the storage area.
Financial Impact:
None. All project expenses will be carried by T-Mobile.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the “Second Amendment to the Site
License Agreement between T-Mobile West LLC and the City of Huntington Beach for the wireless
communications facility at Fire Station 6 - Edwards,” based on the terms and conditions as presented
herein.
Alternative Action(s):
Do not approve, and advise City staff on an alternate project for ingress and egress to the Fire
Department’s HAZMAT storage facilities at the subject location.
Analysis:
In 1999, Fire Station 6 - Edwards Fire Station was designed and constructed at 18591 Edwards
Street, APN: 110-511-13. Included in the overall site plan was a large clock tower, which actually
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-725 MEETING DATE:9/19/2023
serves as a fire hose-drying tower.
In 2002, a Site License Agreement was executed between the City of Huntington Beach and Cingular
Wireless to install a wireless communication facility in the clock tower at Fire Station 6. This wireless
facility installation additionally required a ground lease area for the support equipment.
In 2004, T-Mobile assumed the Site License Agreement from Cingular.
In 2021 the First Amendment to the License Agreement was executed between the City and T-
Mobile. This First Amendment restated certain terms of the Agreement, and allowed for the extension
of the Agreement through 2028 by adding three 5-year renewal periods to the Agreement.
Additionally in 2021, T-Mobile was authorized to install an onsite generator to allow the wireless
operations to continue in case of a power outage and/or an emergency situation. Although the
generator was installed within the lease area and complied with the terms of the existing agreement,
the placement of the generator effectively blocked the City’s Fire and HAZMAT staff from readily
accessing the onsite storage location that has been established for their HAZMAT equipment.
This Second Amendment will require that T-Mobile make additional improvements to the site to
reestablish a pedestrian pathway to the HAZMAT storage area.
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.Second Amendment to Site License Agreement
2.Power Point Presentation
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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SECOND AMENDMENT TO SITE LICENSE AGREEMENT
BETWEEN CITY OF HUNTINGTON BEACH
AND T-MOBILE WEST LLC., FOR A WIRELESS COMMUNICATIONS
FACILITY AT FIRE STATION 6-EDWARDS
DO NOT RECORD
THIS SECOND AMENDMENT TO THE SITE LICENSE AGREEMENT
("Agreement") is made and entered into this __ day of ___ , 202_ by and between
the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, herein referred to as "Licensor"), and T-Mobile West LLC, a Delaware
limited liability company, successor in interest to Cingu!ar Wireless.
RECITALS
A. On December 16, 2002, Pacific Bell Wireless, LLC, a Nevada limited
liability company, doing business as Cingular Wireless ("Cingular") and Licensor
entered into the Site License Agreement (the "Agreement") authorizing Cingular to
install and operate communication equipment within the Clock Tower of the Licensor-
owned Fire Station 6-Edwards (the "Premises"). The equipment included radio
frequency transmitting and receiving antennas, batteries, utility lines, transmission lines,
and supporting structures and improvements (the "Facilities"), which were specifically
described on the Plans marked as No. SC-IOI-01-P3-B2, dated December 4, 2001,
and attached as Exhibit B to the Agreement; and
B. On or about August 4, 2004, T-Mobile USA, Inc. assumed the
Agreement from Cingular and assigned to T-Mobile West LLC ("Licensee"); and
C. On November 16, 2021, Licensor and Licensee entered into the First
Amendment to amend the Agreement to: (i) permit Licensee to install new Facilities on
the Property; (ii) memorialize the start and termination dates of the Agreement; and (iii)
memorialize the current Rent due on the Agreement;
D. Licensor and Licensee now enter into this Second Amendment to the
Agreement to: (i) more specifically describe the ground lease area on the Property; and
(ii) memorialize site improvements to be made by Licensee to the Property.
Now, therefore, the Parties hereto agree as follows:
SECOND AMENDENT TO SITE LICENSE AGREEMENT
I. Site Improvements. Relocation of a portion of the ve11ical H rack suppm1
structure located to the South East of the licensed ground area, to allow for a roughly 48"
clearance between the licensed ground area and the fire station structure. Removal of the
existing trees to the South of the licensed ground area and installation of a paved concrete
walkway to allow for ingress and egress to the HAZMA T storage area.
2. Licensed Ground Area. [Update depiction and acknowledged
measurements oflicensed ground space to enclose all wireless communication ground
equipment. Licensed ground space will be (13' 10" x 23' 9") as depicted in Exhibit A.
22-12072/3143 IO
TMO Signatory Level: L06
NLG-84873
3. Reaffirmation. Except as expressly modified or supplemented herein, all
other terms and conditions of the Agreement shall remain in unaltered and in full force
and effect. In the event of a conflict between the provisions of this Second Amendment
and the provisions of the Agreement, the provisions of this Second Amendment shall
control.
4 . This Second Amendment to the Agreement shall be made effective upon
its approval by the Huntington Beach City Council.
LICENSEE:
T-MOBILE WEST LLC, a Delaware limited
liability company, successor in interest to
Cingular Wireless
By: ___________ _
Print name Lowell Handy
Date: __ ~~&/:-#-':,.;t«=--?.____ __ _
ITS:
By: ___________ _
2
22-12072/314310
LICENSOR:
CITY OF HUNTINGTON BEACH , a municipal
corporation
Mayor
Date: __________ _
City Clerk
REVIEWED AND APPROVED:
City Manager
Director of Public Works
TMO Signatory Level : L06
NLG-84873
EXHIBIT A
3
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Site License
Agreement
Amendment
Fire Station-6: Edwards fire Station,
Second Amendment
9/19/2023
Statement of Issue
The City Council is asked to approve and authorize the
Mayor and City Clerk to execute the Second Amendment
with T-Mobile West LLC for a Wireless Communications
Facility at Fire Station 6-Edwards (Edwards Fire Station).
Background
•1999: Fire Station 6 - Edwards Fire Station was designed and constructed
•2002: a Site License Agreement was executed between the City and
Cingular Wireless
•2004: T-Mobile assumed the Site License Agreement from Cingular.
•2021: the First Amendment to the License Agreement was executed
between the City and T-Mobile.
•2021: T-Mobile was authorized to install an onsite generator. The
placement of the generator effectively blocked the City’s Fire and
HAZMAT staff from accessing the onsite storage location.
Recommended Action
•Approve and authorize the Mayor and City Clerk to execute the
Second Amendment
•Amendment will require that T-Mobile make additional
improvements to the site to reestablish a pedestrian pathway
to the HAZMAT storage area
•All project costs will be paid by T-Mobile
Questions?
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-735 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Chau Vu, Director of Public Works
PREPARED BY:Eduardo Cerda, Assistant Civil Engineer
Subject:
Accept the lowest responsive and responsible bid and authorize the execution of a
construction contract with Oppenheimer National for $134,387.26 for the Police Canine
Facility, CC1744 and approve an appropriation from the Police Facilities Development Impact
Fund
Statement of Issue:
On July 28, 2023, bids were publicly opened for the Police Canine Facility Project, CC1744. City
Council action is requested to award the construction contract to Oppenheimer National, the lowest
responsive and responsible bidder.
Financial Impact:
The total cost of the project, including the bid amount and a 10% contingency, is estimated at
$147,826.00. Staff requests a budget appropriation for the same amount from the Police Facility
Development Impact Fund to account 22770106.82800.
Recommended Action:
A)Accept the lowest responsive and responsible bid submitted by Oppenheimer National in the
amount of $134,387.26; and,
B)Approve a budget appropriation in the amount of $147,826 from Police Facility Development
Impact Funds to account 22770106.82800; and,
C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids, and provide staff with alternative direction.
Analysis:
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-735 MEETING DATE:9/19/2023
The proposed Police Canine Training Facility Project will improve the lot adjacent to the Huntington
Beach Police Department (HBPD) Helipad in preparation for the construction of a new outdoor
canine training area and movement training building. The improvement will consist of the removal
and disposal of existing dirt and rocks, grading, construction of drainage rock buffers, and the paving
of new asphalt concrete over new aggregate base. This will create a parking lot and a path of travel
for police vehicles. Bids were electronically opened on July 28, 2023 with the following results:
BIDDER’S NAME BID AMOUNT
Oppenheimer National $147,780.80
Ortiz & Son, Inc.$197,999.00
Matcon General Engineering Inc $203,556.97
TTS Engineering Inc $208,146.73
HZA Engineering and Construction $288,636.00
MBC Enterprises Inc.$317,738.45
Asad Holdings LLC $327,460.00
All American Asphalt $523,205.00
As part of the larger future HBPD Training Facility project, PD has retained a separate contractor for
the demolition and construction of the dog training course and movement training building. After bids
opened, the police department’s contractor took on additional work resulting in scope reduction of the
CC1744 project. As a result, the contract award was reduced from $147,780.00 to $134,387.26.
The total cost of the project is $147,826.00 as outlined below:
Bid $134,387.26
10% Construction Contingency $13,438.74
TOTAL $147,826.00
Environmental Status:
The project is categorically exempt pursuant to Class 1, section 15031c of the California
Environmental Quality Act.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1.PowerPoint Presentation
2.Location Map
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HBPD Canine
Training Facility
09/19/2023 Council Meeting
BACKGROUND
• Joint Powers Training Center
• Project opened bids publicly on
July 28,2023
NEED/BENEFITS
• In partnership with the Huntington Beach Police &
Community Foundation (HBPCF), the Police Department
and Public Works will start constructing the future site of
the Huntington Beach Police Department Training Facility.
The partnership will assist in funding the project, which
will enhance the training Huntington Beach Police Officers
undertake. The facility will have a space for the Police
Department’s K9 Unit to train with their canines and a
building for Officers to conduct movement training.
PROJECT DETAILS
• Removal and disposal of existing dirt and rocks
• Grading area
• Construction of drainage rock buffers
• Paving of new asphalt concrete over new aggregate base
RENDERING OF CANINE
TRAINING FACILITY
EXISTING TRAINING FIELD
A ~• • -
-~-.-""' ~, ...
PROPOSED TRAINING FIELD
FUNDING
• Total cost for the project $147,826.00
with the breakdown that follows:
Construction - Base Bid $ 134,387.26
Contingency (10%)$ 13,438.74
TOTAL PROJECT COST
$ 147,826.00
• Funds for this project are available in the
undesignated Police Facilities Development Impact
Fund balance as follows:
PoliceFacility Development Impact Acct.22770106.82800 $ 147,826.00
TOTAL FUNDS AVAILABLE $ 147,826.00
SCHEDULE
• Construction to commence in October 2023
• Construction to finalize in December 2023
RECOMMENDATION
• Accept the lowest responsive and responsible bid
submitted by Oppenheimer National in the amount of
$134,387.26
• Approve appropriation in the amount of $147,826 to
account 22770106.82800
• Authorize the Mayor and City Clerk to execute a
construction contract in a form approved by the City
Attorney.
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DEPARTMENT OF PUBLIC WORKS
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REV . 7 /12/23
1 OF 1
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-745 MEETING DATE:9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Al Zelinka, City Manager
VIA:Chau Vu, Director of Public Works
PREPARED BY:Jonathan Claudio, Senior Civil Engineer
Subject:
Accept bid and authorize execution of a construction contract with Applied Restoration , Inc.
in the amount of $754,451.80 for the construction of Goldenwest St. and Graham St. Bridge
Maintenance Project, CC-1713
Statement of Issue:
On August 17,2023,bids were opened for the construction of the Goldenwest St.and Graham St.
Bridge Maintenance Project,CC-1713.City Council action is requested to award the construction
contract to Applied Restoration, Inc., the lowest responsive and responsible bidder.
Financial Impact:
Funds are available in the amount of $750,000 from Prop 42 Fund Account 21985202.Additionally,
there is $100,000 available to be carried forward from previous FY 22-23 Prop 42 Fund Account
21985201.
Recommended Action:
A)Accept the lowest responsive and responsible bid submitted by Applied Restoration, Inc. in the
amount of $754,451.80; and,
B)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids, and provide staff with alternative direction.
Analysis:
The project would include provide maintenance improvements to the Goldenwest St.and Graham St.
Bridge including:removal and replacement of the concrete barriers and chain link fencing;
replacement of joint seals in concrete sidewalk;removal and replacement of unsound concrete;
repairing damaged wing wall;sealing bridge deck;removal and replacement of asphalt concrete
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-745 MEETING DATE:9/19/2023
repairing damaged wing wall;sealing bridge deck;removal and replacement of asphalt concrete
pavement;waterproofing pier walls;removal of graffiti;and ancillary work as required.The proposed
maintenance work aims to prolong the service life of these bridges in order to avoid more costly
rehabilitation work in the future.Construction is planned to begin in the Fall of 2023 and be
completed in the Summer of 2024.
Bids were opened on August 17, 2023 and are listed in ascending order:
Bidder Submitted and Verified Bid
1 Applied Restoration, Inc.$754,451.80
2 Beador Construction Company, Inc.$941,300.00
3 MBC Enterprises, Inc.$1,667,645.55
Staff reviewed the bid package received from Applied Restoration,Inc.and mathematically verified
the total bid amount and checked the bid package for completeness.As the City of Newport Beach
verified that this contractor had performed acceptable work on similarly scoped projects,staff
recommends award of the construction contract to Applied Restoration,Inc.in the amount of
$754,451.80.
The total cost of the project is $850,000.00, as itemized below:
Item Amount
Bid submitted by Applied Restoration, Inc.$754,451.80
10% Contingency $75,445.18
Supplementals (County permit fees, inspection, testing, etc.)$20,103.02
TOTAL CONSTRUCTION COST $850,000.00
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:
This project is categorically exempt pursuant to the California Environmental Quality Act, Section
15301 (c).
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1.Location Map
2.PowerPoint Presentation
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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(Over East Garden Grove-Wintersburg Channel)
OCEAN
Goldenwest St & Graham St Bridge Maintenance
PROJECT LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Goldenwest St. &
Graham St. Bridge
Maintenance
Project, CC-1713
September 19, 2023
City Council Meeting
Project Location Map
GOLDENWEST ST. BRIDGE
Project Location Map
GRAHAM ST. BRIDGE
• 2-span pre-cast/ pre-stressed
concrete cored deck bridge with
reinforced concrete pile bents and
abutments
• Originally constructed 1959
• Length = 67’
• Width = 84’
Goldenwest Bridge
Graham Bridge
• 4-span cast-in-place concrete bridge
with reinforced concrete pier walls
and abutments
• Originally constructed 1961
• Length = 152’
• Width = 62’
Scope of Work - Goldenwest
• Remove asphalt concrete (AC)
pavement, seal deck, and
reconstruct AC pavement.
Scope of Work - Goldenwest
•Repair existing wing wall
Scope of Work - Goldenwest
•Repair unsound concrete and
damaged curb
Scope of Work - Goldenwest
•Remove graffiti
Scope of Work - Graham
• Remove and construct new
concrete barrier and chain link
fence
Scope of Work - Graham
•Remove unsound concrete and
patch spalls on piers and
abutments
Scope of Work - Graham
•Waterproof piers
Scope of Work - Graham
•Replace joint seals
in sidewalk
Scope of Work - Graham
•Remove graffiti
Funding and Schedule
Current Funding
• Prop 42 Fund Account 21985202:$750,000.00
• FY 22-23 Prop 42 Fund Account 21985201: $100,000.00
$850,000.00
• Applied Restoration, Inc. Bid: $754,451.80
• 10% Contingency: $ 75,445.18
• Supplemental Costs: $ 20,103.02
$850,000.00
Recommended Action: Accept the lowest responsive and responsible
bid submitted by Applied Restoration, Inc.
Begin Construction: 10/30/23
End Construction: 05/06/24
Questions?
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:23-750 MEETING DATE:9/19/2023
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:Capt. Gaute Svendsbo
Subject:
Approve for introduction Ordinance No. 4302 amending Huntington Beach Municipal Code
(HBMC) Chapter 10.84 relating to bicycle regulations
Statement of Issue:
The City has seen an increase in the use of various classes of electric bicycles and other motorized
conveyances throughout our communities. A review of our Municipal Code revealed many existing
laws were outdated and did not address these increases. Updates are needed to our Municipal
Code to properly address these issues and give the Police Department more tools to enforce bicycle
safety laws for the wellbeing of our residents and visitors alike.
Financial Impact:
This action does not require any commitment of funding.
Recommended Action:
Approve for introduction Ordinance No. 4302, “An Ordinance of the City Council of the City of
Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to
Bicycle Regulations.”
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
E-Bikes and electric motorcycles have been increasing in popularity on our roadways, specifically in
coastal cities such as Huntington Beach. Conveyances are now being produced that do not fit into
categories already defined by existing law. This makes enforcement particularly difficult due to the
fact laws regulating the operation of different mechanisms vary based on the device, and some of
these devices are not clearly defined in the California Vehicle Code. E-bikes have developed beyond
the existing definitions, such that laws regarding licensing, age, and equipment can no longer be
City of Huntington Beach Printed on 9/14/2023Page 1 of 2
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File #:23-750 MEETING DATE:9/19/2023
enforced. Multiple subject matter experts have conflicting opinions on which laws apply to each type
of apparatus, making it unclear which section to enforce.
Creating an unambiguous municipal code section, such as the proposed 10.84.140, to more broadly
define these conveyances, will eliminate confusion and consolidating unsafe actions into one clear
section. In addition, this municipal code provides officers the discretion to write a civil citation or a
criminal citation, whichever is determined to be the more appropriate action for a given situation.
The revisions also eliminate outdated language for release fees, making the law consistent with
existing fee schedules. The revisions also change the language to be consistent with Council
Resolution 2009-34.
Lastly, additional definitions have been added to the beginning of the chapter, to be consistent with
the California Vehicle Code.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
1.Ordinance 4302.
2.Resolution 2009-34 (07-06-2009).
City of Huntington Beach Printed on 9/14/2023Page 2 of 2
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ORDINANCE NO. 4302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.84 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO BICYCLE REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 10.84 .005 of the Huntington Beach Municipal Code, is
hereby amended to read as follows:
10.84.005 Definitions
For the purpose of this Chapter, the following words and phrases are defined as follows:
"Bicycle" is a device upon which any person may ride, propelled by human power
through a system of belts, chains, or gears, and having either two or three wheels in a tandem or
tricycle arrangement.
"Bicycle path" is a pathway for bicycle riders that has been physically separated from a
roadway.
"Electric Bicycle" is a bicycle equipped with fully operable pedals and an electric motor
of less than 750 watts as defined by California Vehicle Code Section 312.5(a).
"Highway" is a way or place of whatever nature, maintained and open to the use of the
public for purposes of vehicular travel. "Highway" includes street.
"Motor Driven Cycle" is a motorcycle with a motor that displaces less than 150cc per
California Vehicle Code Section 405.
"Motorized scooter" shall have the same definition as that of California Vehicle
Code Section 407.5(a).
"Moped or Motorized Bicycle" is any two or three wheeled device having fully
operative pedals for propulsion by human power, or having no pedals if powered solely by
electrical energy, has an automatic transmission, and a motor which produces less than 4 gross
brake horsepower and is capable of propelling the device at a maximum speed of not more than
30 miles per hour on level ground as defined by California Vehicle Code Section 406(a).
"Pocket Bike" is a two-wheeled motorized device having a seat or saddle for the use of
the rider that is not designed or manufactured for highway use. A pocket bike does not include
an off-highway motorcycle, as defined in California Vehicle Code Section 436."Bicycle lane" is
that portion of a roadway, other than state and county highways, set aside by striping for the use
of bicycle riders and so designated, as provided in this Chapter.
ORDINANCE NO. 4302
"Police Chief' shall include his or her designated representative.
"Roadway" is that portion of a highway improved, designed, or ordinarily used for
vehicular travel.
SECTION 2. That Section 10.84.080 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.080 Reserved.
SECTION 3 . That Section 10.84.120 of the Huntington Beach Municipal is hereby
amended to read as follows:
10.84.120 Impounding -Parked Bicycles
No person shall park or leave a bicycle in the area between Pacific Coast Highway and -the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road,
vehicle route, walkway or path, or so as to block or impede ingress or egress from any building ,
stair, pier or bridge. No person shall leave a bicycle locked or unlocked in any public place in
excess of 72 hours, or left abandoned as evidenced by signs of disuse or neglect. Any bicycle so
parked or left abandoned may be impounded by the Community & Library Services Department
or by the Police Department. The fee will be consistent with the HBPD Fee Schedule .
SECTION 4. That Section 10.84 .140 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner
No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle,
electric motorcycle, pocket bike, or any other electric conveyance not previously named in an
unsafe manner on a public roadway, highway, sidewalk, park, or private prope1iy open to the
public.
(a) Unsafe manner means a rider violating any existing Huntington Beach Municipal Code,
California Vehicle Code, or other existing law. An unsafe manner can also be defined as
operating the conveyance in such a way as to constitute a danger to the operator, a
passenger, other motorists, other riders , or pedestrians in the area.
(b) Examples of riding in an unsafe manner may include, but are not limited to, the following
actions:
a. Riding on a sidewalk without due caution for pedestrians.
b. Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of
traffic .
318313 /23-13365 2
ORDINANCE NO. 4302
c. Not yielding to vehicles .or pedestrians when required to by the California Vehicle
Code .
d. Intentionally swerving or riding around stopped or slowed traffic .
e. Operating a conveyance in a manner it was not designed for, including carrying
passengers when not designed for carrying passengers.
f. Not obeying posted signs.
g . Riding the conveyance in a manner other than it was designed .
h . A person under the age of 18 riding without a properly fitted and fastened helmet.
1. Intentionally lifting one or more wheels into the air while riding on a highway,
sidewalk, bicycle lane , or bicycle path.
J. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph
or any speed greater than is reasonable or prudent under the conditions then
existing, or at a speed which endangers the safety of persons or prope1iy.
SECTION 5. That Section 10.84.150 of the Huntington Beach Municipal Code is hereby
added to read as follows:
10.84.150 Impounding of Bicycle or Similar Conveyance
If a juvenile subject is cited or arrested for a violation of any section in this Chapter, the
officer may impound the bicycle to the Huntington Beach Police Department, such that the
conveyance may be released to a responsible adult. The fee for release will be consistent with the
HBPD Fee schedule. Bicycles impounded and retained by the Police Depaiiment hereunder shall
be considered abandoned after a period in excess of 90 days and may be disposed of as restricted
by Civil Code Sections 2080.1, 2080.2 , 2080.3, 2080.4 and 2080.5 .
SECTION 6. That Section 10.84.280 of the Huntington Beach Municipal Code is
hereby amended to read as follow:
10.84.280 Reserved.
SECTION 7. This ordinance shall become effective 30 days after its adoption.
31 8313 /23-133 6 5 3
ORDINANCE NO. 4302
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the ___ day of __________ , 2023 .
ATTEST:
Mayor
City Clerk
REVIEWED AND APPROVED:
City Manager
318313 /23-13365 4
Council/Agency Meeting Held: 9--~ -D'J
Deferred/Continued to: ---------
Council Meeting Date: 7/6/2009 Department ID Number:
SUBMITTED TO:
SUBMITTED BY:
PREPARED BY:
SUBJECT:
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
Honorable Mayor and City Council Members
Jennifer McG~ity Attorney
Jennifer McG~City Attorney
Adoption of Resolution to ln9r~~se Civil Fine Amounts
J. /VJc_b[l.MJ1-, C.11 .
cj./-(l:=1-J vr-;1.-(__t' ~
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: In the last ten years, only fine amounts for specific violations of
Huntington Beach Municipal Code relating to business regulations and zoning have been
increased . The fine amounts for other civil violations of the Huntington Beach Municipal Code
should be increased .
Funding Source: No funds required.
Recommended Action: Motion to: Adopt Resolution No . 2009-34 "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING
THE FEE SCHEDULE FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS ."
Alternative Action(s): Do no adopt Resolution No . 2009-34 .
Analysis: In 1998, the City established an administrative citation program (Chapter 1.18 of
the HBMC). At that time, fines for civil violations were set by Resolution No. 98-43. Since
that time, the fine amounts were increased for specific HBMC violations relating to business
regulations and zoning; however, fines for non-specific violations have not increased in more
than 10 years. · Staff is recommending a $25.00 increase for the first violation, a $50.00
increase for the second violation, and a $100.00 increase for the third violation in a twelve
month period . These new fine amounts would apply to violations such as dogs off leash,
newsrack violations, cell phone usage in the library, and violations of beach and pier
regulations .
REQUEST FOR CITY COUNC~L ACTION
MEETING DATE: 7/6/2009 DEPARTMENT ID NUMBER: CA 09-17
Strategic Plan Goal: Maintain and enhance public safety; maintain and enhance our
financial reserves .
Environmental Status: Not applicable
Attachment(s):
' • • • • C i .. . ' ' --' " --. .,, T T • • -, -· --' -.--. ' ' ' • • '
. · Qity C.lerk\s. . · . . ··r.agi N.umq~r . -No. -. · bes·~ri.P.tion · · . · -.
• -·_ -• • -• : • • • , ' • • .. ff • •
1. Resolution No . 2009-34 titled "A Resolution of the City Council
of the City of Huntington Beach Revising and Restating the Fee
Schedule for Civil Fines for Municipal Code Violations."
-2-6/9/2009 2:15 PM
II ATTACHMENT NO. 1 II
RESOLUTIONNO. 2009-34
A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF
HUNTINGTON BEACH REVISING AND RESTATING TIIE FEE SCHEDULE
FOR CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, Resolution No. 2004-79 was adopted by City Council first setting the civil fines,
interest and penalties to persons who are issued Administrative Citations pursuant to Chapter I . 18 of the
Huntington Beach Municipal Code; and
Section 1.18. 070 of the Municipal Code provides that the fines, interest and penalties shall be set
by the City Council by resolution; and
The civil fine amounts for specific violations of the Municipal Code were increased in 2007.
However, fine amounts for miscellaneous violations of the Municipal Code have not been increased for
over ten years, while the CPI has increased several times during the last decade; and
The City Council has considered this matter and has determined to increase and set forth the
specific fines, interest and penalties for various code violations,
NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach
as follows:
1. The civil fines, interest and penalties and implementing provisions for violations of the
Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule l, attached hereto and
incorporated herein. The increased fine amounts are in boldface type.
2. These fines, interest and penalties are subject to the provisions of said Chapter 1.18 and
shall remain in force until changed by a new resolution of the City Council.
3 . Resolution No. 2007-22 and all other resolutions in conflict herewith are hereby ·
repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 6th day of Jul 2009 .
~Mayor .·· ..
APPROVED :
07-875.00234223
Resolution No. 2009-34
SCHEDULE 1
FINES, INTEREST, AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
I. Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject to the
fines shown below. A subsequent violation is any violation where the citee was cited one or
more times in the preceding 12 months for the same violation, unless the violation was cancelled
pursuant to Chapter 1.18.
· FINE AMOUNT FINE AMOUNT
CODE FOR FIRST FOR SECOND
SECTION VIOLATION: VIOLATION:
Violation of HBMC Titles 5, 8, 17 $250 $500
and HB Zoning & Subdivision
Ordinance (EXCEPT for violation of
Section 9 .52.010 and Huntington
Beach Fire Code Section 7802.3 as
Adopted by Huntington Beach
Municipal Code Section 17.56 .010)
Violation of Huntington Beach Fire $500 $1,000
Code Section 7802 .3 as Adopted by
Huntington Beach Municipal Code
Section 17.56.010.
Violation of Huntington Beach
Municipal Code Section 9 .52:010 $500 $1,000
Violation of all other Code sections. $125 $250
FINE AMOUNT -
SUBSEQUENT
VIOLATIONS
$1,000
$1,000
$1,000
$600
2 . Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the annual rate
of 18 per cent. This interest will be imposed and collected according to the discretion of the
City Treasurer upon considering sucli factors bearing on practicability as to the cost to compute
the interest owed, the amount of interest due, and its collectability. The purpose of granting this
discretion to the Treasurer is to riot require collection of interest when it would not be cost
effective.
3 . Late Payment Penalties . A $25 late payment penalty shall be owed for fines not paid within 30
days of their due date. The Treasurer shall have the same discr.etion over collection of late
penalties as for interest as set forth in paragraph 2 above.
4 . Collections. Fines that are delinquent for 60 days or more and total at least $250 shall be
processed through the abatement and/or assessment procedures specified in section 1.18 .150 of
the Municipal Code. All other delinquent fines may be referred to a collection agency as
determined by the City Treasurer.
07-875.00234223 2
Res. No. 2009-34
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN ·L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City , do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on July 6, 2009 by the following vote :
AYES:
NOES:
ABSENT:
Carchio , Bohr, Coerper, Hansen
Dwyer
Green, Hardy
ABSTAIN: None
· y Clerk and ex-offic
City Council of the City of •
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adopt Resolution to Increase Civil Fine Amounts
COUNCIL MEETING DATE: July 6, 2009
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached □ Not Applicable ~-
Resolution (w/exhibits & legislative draft if applicable) Attached ~ Not Applicable
Tract Map, Location Map and/or other Exhibits Attached □ Not Applicable ~
ContracUAgreement (w/exhibits if applicable) Attached LJ
(Siqned in full by the City Attorney) Not Applicable ~
Subleases, Third Party Agreements, etc. Attached □
(Approved as to form bv Citv Attornev) Not Applicable ~
Certificates of Insurance (Approved by the City Attorney) Attached u
Not Applicable ~
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ~ Not Applicable
Bonds ( If applicable) Attached □ Not Applicable ~
Staff Report (If applicable) Attached LJ
Not Applicable ~
Commission, Board or Committee Report (If applicable) Attached □ Not Applicable ~
Findings/Conditions for Approval and/or Denial Attached u
Not Applicable ~
I I
REVIE~ED .. ,.,\ _ QI 1nn9 \
Administrative Staff \ .,v.. • --·· ,-,r:/\,H \
Cit Administrator Initial \ ____ __::.''.~:~'.:.'.~..:.-------
Cit Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author: 34228-JM
Huntington Beach
Police Department
Recommendation for updated
Municipal Code
September 19th, 2023
Lieutenant Thoby Archer
'(\\\~11NGro ~ \~e,oRPORAito '1' <9
-=--=---~=-~~-;-~
c->
--~--..:::----....... ........___----...a--
~ --=------~ ---=------~ -~
Why is this update necessary?
CLASS 1 CLASS 2 CLASS 3
PEDAL ASSIST/ PEDELEC THROTTLE CONTROL SPEED PEDELEC
0 REQUIRES PEDALING 0 DOES NOT REQUIRE PEDALING 0 REQUIRES PEDALING
(FULL-THROTTLE]
0 CAN ONLY BE ACTIVATED 0 EQUIPPED WITH A OTOR THAT 0 CONSIDERED TO BE THE
THROUGH THE ACTION FASTEST "LEGAL"
OF PEDALLING IS CONTROLLED BY A THROTTLE ELECTRIC BIKE ELEMENT.
0 NO NEED FOR DRIVER'S 0 NO NEED FOR DRIVER'S 0 NO NEED FOR DRIVER'S
LICENSE LICENSE LICENSE*
0 NO AGE LIMIT 0 NO AGE LIMIT 0 16 DR 17 YEARS OLD
-~-AND ABOVE
Why is this update necessary?
I
I
-;~--_: --
~ • "'.Ii • . --. ,..
CLASS 1
PEDAL ASSIST / PEDELEC
0 REQUIRES PEDALING
0 CAN ONLY BE ACTIVATED
THROUGH THE ACTION
OF PEDALLING
0 NO NEED FOR DRIVER'S
LICENSE
0 NO AGE LIMIT
CLASS 2
THROTTLE CONTROL
0 DOES NOT REQUIRE PEDALING
(FULL-THROTTLE]
0 EQUIPPED WITH A MOTOR THAT
IS CONTROLLED BY A THROTTLE
ELEMENT.
0 NO NEED FOR DRIVER'S
UCENSE
0 NO AGE LIMIT
CLASS 3
SPEED PEDELEC
0 REQUIRES PEDALING
0 CONSIDERED TO BE THE
FASTEST "LEGAL"
ELECTRIC BIKE
0 NO NEED FOR DRIVER'S
LICENSE*
0 16 DR 17 YEARS OLD
AND ABOVE
Why is this update necessary?
•Many of the newer “bicycles” do not
conform to existing laws
•Some laws are confusing and vague as to
whether they apply
•Creates a comprehensive section that
covers all types of electric conveyances
•Provides ability for civil or criminal
citations
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What does it Change?
•Adds definitions of different electric
bicycles
•Updates fee schedules to be consistent
with existing Council Resolutions
•Provides authority to impound some of
illegal models from juveniles
•Adds a section for unsafe riding11NG
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What does it Change?
"Electric Bicycle" i s a bicycle equi pped with fu lly operable pedals and an e lectric motor
of less than 750 watts as defined by Californ ia Vehicl e Code 312.5(a).
"Motor Driven Cycle " is a motorcycle w ith a motor that d i sp laces less than 150cc per
Cali forn ia Vehicle Code 405 .
.. Moped or Motoriz e d B icycle" is any two or t hree wheeled device having fully operative
pedals for propulsi on by human power. or h aving no peda ls if powered solel y by e lectrical
energy, h as an automati c t ransmiiSS ion. and a mot or whi ch produces less t han 4 gross
brake horsepower and is capable of propelling Ule device at a maximum speed of not more
than 30 m ites per hour on leve1 grou nd as defined by California Vehicle Code 406(a).
"Pocket Bike" i s a two-wheeled moto ri zed device having a seat or saddle for the use of the
rider, t hat is not designed or manufactured for highway use. A pocket bike does not include
an off-h ighway motorcycle, as defi ned i n canromia Vehic le Code 436.
What does it Change?
No person sill all ridle a co11venti onall bi cycle. e lectnic bi eye le., moped. motor-driven cycle.
electric mot o rcycle. pocket bike. or any other e lectric conveyance not p reviously named
in an unsafe manner on a publi c roadway, h[ghway. sidewalk. park, or privat e property
op.en to the pu blic_
@}_Unsafe manner means a rider viiolating any existing HunUngt o111 Beach Municipa l
Code. Cal ifornia Veh icle Code, or other existing law. An unsafe manner can also
be defined as operating the conveyance in such a way as to constitute a danger
to the operator. a passenger. other motorists, other riders. or pedestnans in the
area .
.au_ Exa mp~es of nd·i ng in an unsafe manner may ; ncl u1de, b 11.1t a re not Ii m ited to the
following actions:
a . Ridi ng on a sidewalk without due caution for pedestrians.
b. Riding on a sidewa lk, against the flow of traffic _
c. Not y ie lding to vehicles or ped estrman s when r eg u ired to by till e Califo m ia
Vehicle Code_
di . l ntentionalty swerving or ridi ng around stopped o r s lowed traffic.
e. Operating a conveyance in a manner it was not designed for , including
carrying passengers when not desig n ed for carrying passengers_
f . Not obeying1 posted signs _
n.._Ridi ng the con veyance in a manner other than it was designed _
Questions?
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